|Office of the Attorney General - State of Texas
February 9, 1999
Ms. Judy Ponder
Dear Ms. Ponder:
You have asked whether certain information is subject to required public disclosure under chapter 552 of the Government Code. Your request was assigned ID# 122000.
The General Services Commission (the "commission") received a request for "copies of all the bids that co-terminate in February 1999 in conjunction with the Tex-An 2000 project." You state that the commission does not believe that information responsive to the request is protected from disclosure. However, some of the information submitted to the commission from Sprint Corporation ("Sprint") and MCI Telecommunications Corporation ("MCI") is marked as confidential or proprietary. Thus, pursuant to section 552.305 of the Government Code, you have asked this office to determine whether the information at issue is actually proprietary or confidential and thus may not be released. The documents at issue were provided to this office for review.
This office provided both Sprint and MCI the opportunity to submit reasons as to why the records at issue should be withheld from disclosure. However, those corporations did not submit any arguments against disclosure of these records. See Open Records Decision No. 363 (1983) (third party has duty to establish how and why exception protects particular information). It does not appear that release of the records would implicate privacy interests that are protected under the Open Records Act. Because this office has no basis on which to conclude that any of the submitted records are confidential or proprietary, they must be released.
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,
Ruth H. Soucy
Ref: ID# 122000
Enclosures: Submitted documents
cc: Mr. Dan Wingo
Mr. Tim Richter
Ms. Lori Bell
POST OFFICE BOX 12548, AUSTIN, TEXAS 78711-2548 TEL: (512) 463-2100 WEB: WWW.OAG.STATE.TX.US