Texas Register, Volume 7, Number 40, Pages 2093-2130, June 1, 1982 Page: 2,097
2093-2130 p. ; 28 cm.View a full description of this periodical.
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Under provisions set -out in the Texas Constitution, Texas Civil
Statutes (Article 4399), and numerous statutes, the attorney
general is authorized to write advisory opinions for state and local
officials. These advisory opinions are requested by agencies or of-
ficials when they are confronted with unique or unusually difficult
legal questions. The attorney general also determines, under
authority of the Texas Open Records Act, whether information re-
quested for release from governmental agencies may be held from
public disclosure.
Requests for opinions, opinions, and open record decisions are sum-
marized for publication in the Register.
Questions on particular submissions, or requests for copies of opi-
nion requests should be addressed to Susan L. Garrison, Opinion
Committee chairwoman, Office of the Attorney General, Supreme
Court Building, Austin, Texas 78711, (512) 475-5445. Published
opinions and open records decisions may be obtained by address-
ing a letter to the file room, fourth floor, P.O. Box 12548, Austin,
Texas 78711-2548, or by telephoning (512) 475-3744. A single
opinion is free; additional opinions are $1.00 a copy.The
Attorney
GeneralOpinion
MW-447A. Request from Henry Wade,
Criminal District Attorney, Dallas, regard-
ing clarification of MW-447.
Summary of Opinion. The state is not re-
quired to pay filing fees for the filing of a
case, pay fees for service of citation, or give
any other security for costs, including any
appellate costs, although the state will
ultimately be liable for costs should it be the
losing party.
TRD-824342
Open Records Decision
ORD-316 (RQ-797). Request from
Charles A. Easterling, Pasadena city at-torney, Pasadena, concerning availability
under the Open Records Act of employment
file of police officer, including report of
polygraph exam.
Summary of Decision. The City of
Pasadena received a request under the Open
Records Act for the personnel file of a
police officer, including record of a
polygraph examination given him for
employment. Section 19a of Article
4413(29cc) limited disclosure of polygraph
records so that this requestor did not have
access to them. The officer's home address
and telephone number from his personnel
file were excepted from disclosure. Ques-
tionnaires from his character referenceswere not excepted from disclosure, because
release of this information would not con-
stitute a clearly unwarranted invasion of
personal privacy. Records of psychological
evaluations were exempted from disclosure
by Texas Civil Statutes, Article 5561h. The
medical history information in the file
which was furnished to the employer by the
employee was available to the public,
because it was not information "generated
by a physician" within Texas Civil Statutes,
Article 4495b, $50.08. The remainder of the
file contained information which was not
highly intimate or embarrassing and
therefore was not excepted from disclosure
by 3(a)(1) or 3(a)(2) of the Open Records
Act.
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June 1, 1982 7 TexReg 2097
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Texas. Secretary of State. Texas Register, Volume 7, Number 40, Pages 2093-2130, June 1, 1982, periodical, June 1, 1982; Austin, Texas. (https://texashistory.unt.edu/ark:/67531/metapth244678/m1/5/: accessed July 18, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.