|Office of the Attorney General - State of Texas
September 28, 2000
Ms. Pamela Smith
Dear Ms. Smith:
You have asked whether certain information is subject to required public disclosure under the Public Information Act, chapter 552 of the Government Code. Your request was assigned ID# 140802.
The Texas Department of Public Safety received a request for a copy of a video tape. We believe that a prior ruling, Open Records Letter No. 2000-3300 (2000), answers your question concerning whether this tape is excepted from public disclosure under section 552.108(a)(1) of the Government Code. You may rely upon Open Records Letter No. 2000-3300 (enclosed) as a previous determination on this issue under section 552.301 of the Government Code and thus need not ask this office again for a decision concerning the video tape as long as the case investigation or prosecution remains active. See Gov't Code § 552.108(a)(1); 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) (court delineates law enforcement interests that are present in active cases); Open Records Decision No. 216 at 3.(1978).
If you have any questions about this ruling, please contact our office.
Nathan E. Bowden
Ref: ID# 140802
Encl. Copy of OR2000-3300
cc: Dessie W. Andrews
POST OFFICE BOX 12548, AUSTIN, TEXAS 78711-2548 TEL: (512) 463-2100 WEB: WWW.OAG.STATE.TX.US