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John Cornyn

September 29, 1999

Mr. Brendan Hall
City Attorney
City of Harlingen
P.O. Box 2207
Harlingen, Texas 78551


Dear Mr. Hall:

You ask us to reconsider Open Records Letter No. 99-1615 (1999). Your request for reconsideration was assigned ID# 127794.

The Harlingen Police Department (the "department") received a request for a number of offense reports and for training materials and brochures used to administer field sobriety tests and breathalyzer tests. In Open Records Letter No. 99-1615, this office concluded that because you had not met your burden of demonstrating the applicability of sections 552.103 or 552.108 of the Government Code, the department could not withhold the requested information from disclosure.

You have provided us with additional arguments in an attempt to demonstrate the applicability of sections 552.103 and 552.108 to the requested information. A governmental body must explain the reasons why the stated exceptions apply within fifteen days of receiving the request for information. See Gov't Code 552.301(b). You did not timely submit your arguments and supporting information to this office. We therefore affirm Open Records Letter No. 99-1615 (1999). If you have questions about this ruling, please contact our office.


Karen E. Hattaway
Assistant Attorney General
Open Records Division


Ref.: ID# 127794

Encl. Submitted documents

cc: Mr. Charles E. Mattingly, Jr.
Cisneros & Mattingly, P.C.
845 E. Harrison Street, Suite A
Brownsville, Texas 78520
(w/o enclosures)


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