|Office of the Attorney General - State of Texas
December 7, 1999
Lieutenant Arturo Valdez
Dear Lieutenant Valdez:
You ask whether certain information is subject to required public disclosure under the Open Records Act, chapter 552 of the Government Code. Your request was assigned ID# 131496.
The City of McAllen Police Department (the "department") received a request for a police report, including photographs. You assert that section 552.108 of the Government Code excepts from disclosure the requested information. We have considered the exception you claim and reviewed the submitted information.
Section 552.108(a)(1) excepts from disclosure information held by a law enforcement agency or prosecutor that deals with the detection, investigation, or prosecution of crime if release of the information would interfere with the detection, investigation, or prosecution of crime. You state that the requested information relates to an ongoing criminal investigation. Accordingly, we find that release of the requested information would interfere with the detection, investigation, or prosecution of crime. See Houston Chronicle Publ'g Co. v. City of Houston, 531 S.W.2d 177 (Tex. Civ. App.--Houston [14th Dist.] 1975), writ ref'd n.r.e. per curiam, 536 S.W.2d 559 (Tex. 1976) (court delineates law enforcement interests that are present in active cases). Therefore, we conclude that the department may withhold the information under section 552.108(a)(1). You state that the department has already released basic information as required by section 552.108(c). You have the discretion to release all or part of the remaining information that is not otherwise confidential by law. Gov't Code § 552.007.
We are resolving this matter with this 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 may not be relied upon as a previous determination regarding any other records. If you have questions about this ruling, please contact our office.
Ref: ID# 131496
Encl. Submitted documents
cc: Ms. Areli Lopez
POST OFFICE BOX 12548, AUSTIN, TEXAS 78711-2548 TEL: (512) 463-2100 WEB: WWW.OAG.STATE.TX.US