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June 3, 1999

Ms. Regina T. Grimes
Office of General Counsel
Texas Department of Criminal Justice
209 W. 14th Street, Suite 500
Austin, Texas 78701

OR99-1529

Dear Ms. Grimes:

You ask whether certain information is subject to required public disclosure under the Texas Public Information Act, chapter 552 of the Government Code. Your request was assigned ID# 124676.

The Texas Department of Criminal Justice received a request for specific information pertaining to Perry A. Martinez. You state that certain responsive information has been released. You claim, however, that Mr. Martinez' family history information is excepted from disclosure under section 552.101 of the Government Code. We have considered the exception you claim and have reviewed the submitted information.

Section 552.101 excepts from required public disclosure information that is considered confidential by law, either constitutional, statutory, or by judicial decision. This section encompasses information protected by other statutes. Section 508.313 of the Government Code provides:

    (a) All information obtained and maintained, including a victim protest letter or other correspondence, a victim impact statement, a list of inmates eligible for release on parole, and an arrest record of an inmate, is confidential and privileged if the information relates to:

      (1) an inmate of the institutional division subject to release on parole, release to mandatory supervision, or executive clemency;

      (2) a releasee; or

      (3) a person directly identified in any proposed plan of release for an inmate.

You state that the submitted documents are "pages included in release plan records obtained and maintained by the Board of Pardons and Paroles which relate to" a releasee. After reviewing your arguments and the submitted documents, we conclude that the requested information is made confidential by section 508.313 and must only be released pursuant to that statute.

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

Sincerely,

June B. Harden
Assistant Attorney General
Open Records Division

JBH/ch

Ref: ID# 124676

Encl. Submitted documents

cc: Mr. Walker Arenson
Arenson & Spears
420 Barton Oaks Plaza One
901 Mopac Expressway, South
Austin, Texas 78746-5747
(w/o enclosures)


 

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