|Office of the Attorney General - State of Texas
August 28, 2000
Ms. Lisa M. Salinas
Dear Ms. Salinas:
You ask whether certain information is subject to required public disclosure under chapter 552 of the Government Code. Your request was assigned ID# 139903.
The City of Baytown (the "city") received a request for information regarding case number 2000-19197. You claim that portions of the requested information are excepted from disclosure under section 552.130 of the Government Code. We have considered the exception you claim and have reviewed the submitted information.
Section 552.130 governs the release and use of motor vehicle record information, providing, in pertinent part:
(a) Information is excepted from [required public disclosure] if the information relates to:
(1) a motor vehicle operator's or driver's license or permit issued by an agency of this state;
(2) a motor vehicle title or registration issued by an agency of this state; or
(3) a personal identification document issued by an agency of this state or a local agency authorized to issue an identification document.
We agree that you must withhold from disclosure under section 552.130 the information you have highlighted in pink. Since you raise no additional exceptions to the disclosure of the remaining information in the report, it must be released to the requestor, with the following exception.
We note that the submitted documents contain information which may be protected from disclosure by section 552.101 of the Government Code. The social security number in the documents may be confidential if it was obtained or is maintained by the city pursuant to any provision of law, enacted on or after October 1, 1990. 42 U.S.C. section 405(c)(2)(C)(viii); see Open Records Decision No. 622 (1994).
This letter ruling is limited to the particular records at issue in this request and limited to the facts as presented to us; therefore, this ruling must not be relied upon as a previous determination regarding any other records or any other circumstances.
If this ruling requires or permits the governmental body to withhold all or some of the requested information, the requestor can appeal that decision by suing the governmental body. Id. § 552.321(a); Texas Department of Public Safety v. Gilbreath, 842 S.W.2d 408,411 (Tex. App.--Austin 1992, no writ).
Carla Gay Dickson
Ref: ID# 139903
Encl. Submitted documents
cc: Ms. Mary K. Parker