Click for home page Office of the Attorney General - State of Texas
John Cornyn

September 12, 2000

Ms. Anne M. Constantine
Legal Counsel
Dallas/Fort Worth International Airport
P.O. Drawer 619428
DFW Airport, Texas 75261-9428


Dear Ms. Constantine:

You ask whether certain information is subject to required public disclosure under chapter 552 of the Government Code. Your request was assigned ID# 139175.

The Dallas/Fort Worth International Airport (the "airport") received a written request for the bid proposals submitted to the airport by Willis Corroon Construction ("Corroon") and Aon Risk Services of Texas, Inc., ("Aon") for broker management services. You state that Aon had no objection to the release of its proposal and that the airport is making that information available to the requestor. You further state that most of the Corroon proposal will be released to the requestor. You inform us, however, that Corroon objected to the release of its "Pricing Proposal Form."

The airport does not contend that the information at issue is excepted from public disclosure; rather, you have sought a decision from this office pursuant to section 552.305 of the Government Code, which authorizes parties with a privacy or proprietary interest in requested information to submit arguments to this office as to why the information is excepted from required public disclosure. In accordance with section 552.305(d), the airport notified representatives of Corroon of the current records request and invited them to submit comments to this office as to why their pricing information is excepted from public disclosure.

This office did not receive any comments from Corroon in response to your notice. See Gov't Code 552.305(d)(2)(B); Open Records Decision No. 552 (1990). Consequently, this office has no basis on which to conclude that any portion of the information at issue is excepted from required public disclosure under the Public Information Act. Accordingly, we conclude that the airport must release Corroon's pricing information to the requestor in its entirety.

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.

This ruling triggers important deadlines regarding the rights and responsibilities of the governmental body and of the requestor. For example, governmental bodies are prohibited from asking the attorney general to reconsider this ruling. Gov't Code 552.301(f). If the governmental body wants to challenge this ruling, the governmental body must appeal by filing suit in Travis County within 30 calendar days. Id. 552.324(b). In order to get the full benefit of such an appeal, the governmental body must file suit within 10 calendar days. Id. 552.353(b)(3), (c). If the governmental body does not appeal this ruling and the governmental body does not comply with it, then both the requestor and the attorney general have the right to file suit against the governmental body to enforce this ruling. Id. 552.321(a).

If this ruling requires the governmental body to release all or part of the requested information, the governmental body is responsible for taking the next step. Based on the statute, the attorney general expects that, within 10 calendar days of this ruling, the governmental body will do one of the following three things: 1) release the public records; 2) notify the requestor of the exact day, time, and place that copies of the records will be provided or that the records can be inspected; or 3) notify the requestor of the governmental body's intent to challenge this letter ruling in court. If the governmental body fails to do one of these three things within 10 calendar days of this ruling, then the requestor should report that failure to the attorney general's Open Government Hotline, toll free, at 877/673-6839. The requestor may also file a complaint with the district or county attorney. Id. 552.3215(e).

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).

Please remember that under the Act the release of information triggers certain procedures for costs and charges to the requestor. If records are released in compliance with this ruling, be sure that all charges for the information are at or below the legal amounts. Questions or complaints about over-charging must be directed to the General Services Commission at 512/475-2497.

If the governmental body, the requestor, or any other person has questions or comments about this ruling, they may contact our office. Although there is no statutory deadline for contacting us, the attorney general prefers to receive any comments within 10 calendar days of the date of this ruling..


James W. Morris, III
Assistant Attorney General
Open Records Division


Ref: ID# 139175

Encl. Submitted documents

cc: Mr. William E. Hammond
Senior Vice President
Marsh USA, Inc.
1601 Elm Street, Suite 2100
Dallas, Texas 75201
(w/o enclosures)

Mr. Cesare J. Mitrani
Willis Corroon Construction
13355 Noel Road, Suite 400
Dallas, Texas 75240
(w/o enclosures)


POST OFFICE BOX 12548, AUSTIN, TEXAS 78711-2548 TEL: (512) 463-2100 WEB: WWW.OAG.STATE.TX.US
An Equal Employment Opportunity Employer

Home | ORLs