|Office of the Attorney General - State of Texas
November 4, 1999
Mr. James R. Hines
Dear Mr. Hines:
You have asked whether certain information is subject to required public disclosure under the Public Information Act (the "act"), chapter 552 of the Government Code. Your request was assigned ID# 127829.
The Office of the Governor (the "Governor's Office") received a request for copies of correspondence or other documents relating to Senate Bill 956 from a member of the Texas House of Representatives. In response to the request, you submit to this office for review the records at issue.(1) You assert that the submitted information is excepted from disclosure under sections 552.106(b) and 552.111 of the Government Code. We have considered the exceptions and arguments you have raised and reviewed the submitted information.
At the outset, we note that the request for information is from a state representative. Section 552.008 of the Government Code provides that a governmental body shall provide public information, including confidential information, to a requesting member of the legislature if the requesting member states that the information is requested for legislative purposes. The requesting member in this instance does not state that the information is being requested for legislative purposes. Therefore, it does not appear that section 552.008 is applicable in this instance. Accordingly, we will address your arguments that the requested information is excepted from disclosure under sections 552.106 and 552.111 of the Government Code.(2)
Section 552.106(b) of the Government Code excepts from disclosure "[a]n internal bill analysis or working paper prepared by the governor's office for the purpose of evaluating proposed legislation." You state that "[t]he enclosed documents contain internal bill analyses and thus, fall within the ambit of 552.106(b)." Based on the records at issue and your representation, we agree that section 552.106(b) applies to the submitted bill analysis information in its entirety.(3)
We are resolving this matter with an informal letter ruling rather than with a published open records decision. This ruling is limited to the particular records at issue under the facts presented to us in this request and should not be relied on as a previous determination regarding any other records. If you have any questions regarding this ruling, please contact our office.
Assistan BRttorney General
Open Records Division
Ref.: ID# 127829
Encl. Submitted documents
cc: The Honorable Craig Ei
1. We assume that you will release other responsive records to the extent they exist, since you have not raised any other exceptions, nor submitted other records.
2. Sections 552.106 and 552.111 were designed to achieve the same goals in different contexts. Open Records Decision No. 482 (1987).
3. As we resolve your request under section 552.106(b), we need not specifically address your other claimed exception at this time.
POST OFFICE BOX 12548, AUSTIN, TEXAS 78711-2548 TEL: (512) 463-2100 WEB: WWW.OAG.STATE.TX.US