|Office of the Attorney General - State of Texas
November 18, 1999
Mr. Peter Vaky
Dear Mr. Vaky:
You ask whether certain information is subject to required public disclosure under chapter 552 of the Government Code. Your request was assigned ID# 130516.
The City of Fort Worth received a request for all information in files of the Fort Worth City Aviation Department regarding a lease to Fort Worth Jet Center, Inc. You seek to withhold only one document from the responsive information under section 552.107 of the Government Code.
Section 552.107(1) incorporates the attorney-client privilege. It protects information "that the attorney general or an attorney of a political subdivision is prohibited from disclosing because of a duty to the client under the Texas Rules of Civil Evidence, the Texas Rules of Criminal Evidence, or the Texas Disciplinary Rules of Professional Conduct." See Open Records Decision No. 574 (1990). In instances where an attorney represents a governmental entity, the attorney-client privilege protects only an attorney's legal advice and confidential attorney-client communications. Id. Accordingly, these two classes of information are the only information contained in the records at issue that may be withheld pursuant to the attorney-client privilege. Having examined the information at issue, we conclude that you may withhold the information at issue under section 552.107(1).
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.
Ref: ID# 130516
Encl. Submitted documents
cc: Mr. Bill F. Bogle
POST OFFICE BOX 12548, AUSTIN, TEXAS 78711-2548 TEL: (512) 463-2100 WEB: WWW.OAG.STATE.TX.US