|Office of the Attorney General - State of Texas
December 6, 1999
Mr. Monty Wade Sullivan
Dear Mr. Sullivan:
You ask whether certain information is subject to required public disclosure under chapter 552 of the Government Code. Your request was assigned ID# 130916.
The City of Houston (the "city") received a request for the offense report relating to Incident No. 121600497. You have submitted a copy of the requested information. You claim that it is excepted from disclosure under section 552.108 of the Government Code. We have considered the exception you claim and have reviewed the information you submitted.
Section 552.108(a)(2) of the Government Code excepts from required public disclosure "[i]nformation held by a law enforcement agency or prosecutor that deals with the detection, investigation, or prosecution of crime . . . if . . . it is information that deals with the detection, investigation, or prosecution of crime only in relation to an investigation that did not result in conviction or deferred adjudication[.]" You state that the requested information relates to an investigation that did not result in conviction or deferred adjudication. You also state that the city will release the public information page of the offense report, which we interpret as encompassing the basic front page offense report information held to be public in Houston Chronicle Publ'g Co. v. City of Houston, 531 S.W.2d 177 (Tex. Civ. App. -- Houston [14th Dist.] 1975), writ ref'd n.r.e. per curiam, 536 S.W.2d 559 (Tex. 1976). See Open Records Decision No. 127 (1976). Based upon your representations, we find that the rest of the requested information is excepted from disclosure pursuant to section 552.108(a)(2).
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.
James W. Morris, III
Ref: ID# 130916
Encl. Submitted documents
cc: Ms. Katherine Ehrmentraut
POST OFFICE BOX 12548, AUSTIN, TEXAS 78711-2548 TEL: (512) 463-2100 WEB: WWW.OAG.STATE.TX.US