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January 19, 1999

Mr. Frank Crull
Assistant General Counsel
Texas Department of Public Safety
P.O. BOX 4087
Austin, Texas 78773-001

OR99-0130

Dear Mr. Crull:

You ask whether certain information is subject to required public disclosure under chapter 552 of the Government Code. Your request was assigned ID# 121286.

The Texas Department of Public Safety (the "department") received a request for the names and addresses of women who completed a motorcycle safety course during the last year. You contend that this information is confidential pursuant to chapter 730 of the Transportation Code.

Section 552.101 excepts from required public disclosure information that is considered confidential by law, either constitutional, statutory, or by judicial decision. You assert that the requestor seeks information that is confidential under section 730.004 of the Transportation Code which provides:

Notwithstanding any other provision of law to the contrary, including Chapter 552, Government Code, except as provided by Sections 730.005-730.008, an agency(1) may not disclose personal information about any person obtained by the agency in connection with a motor vehicle record.(2) (footnotes added).

The information at issue is "personal information" under chapter 730. See Transp. Code 730.003(6) (defining "personal information" to include names and addresses). Based on your representations to this office, we assume that the department obtained the personal information at issue "in connection with a motor vehicle record." Under these circumstances, chapter 730 governs the release of the requested information. You indicate that none of the release provisions in chapter 730 is applicable here. Thus, the department must withhold the requested information from disclosure under section 552.101 of the Government Code as information deemed confidential by section 730.004 of the Transportation Code.

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 upon as a previous determination regarding any other records. If you have questions about this ruling, please contact our office.

Yours very truly,

Karen E. Hattaway
Assistant Attorney General
Open Records Division

KEH/ch

Ref: ID# 121286

Enclosures: Submitted documents

cc: Ms. Debbie Herring
26622 Virgo Lane
San Antonio, Texas 78260
(w/o enclosures)


 

Footnotes

1. We have previously determined that the department is an "agency" for purposes of chapter 730 of the Transportation Code. See Transp. Code 730.003(1) (defining "agency"); Open Records Letter No. 98-3109 (1998).

2. A "motor vehicle record" is defined as "a record that pertains to a motor vehicle operator's or driver's license or permit, motor vehicle registration, motor vehicle title, or identification document issued by an agency of this state or a local agency authorized to issue an identification document," but "[t]he term "does not include a record that pertains to a motor carrier." See Transp. Code 730.003(4).
 

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