Texas Attorney General Open Records Letter Ruling: OR2000-0378 Page: Page1
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nEPOS~ TR URARY NO. 610
February 3, 2000
S2000
DIVERSITY OF TEXAS PAN AMERICAN
Ms. Janice Marie Wilson 1nSRG TEXAS 78539-2999
Associate General Counsel
Texas Department of Transportation
125 E. 11 Street
Austin, Texas 78701-2483
OR2000-0378
Dear Ms. Wilson:
You ask whether certain information is subject to required public disclosure under chapter
552 of the Government Code. Your request was assigned ID# 133543.
The Department of Transportation (the "department") received a request for information
relating to a department investigation of the requestor. You seek to withhold a portion of the
information responsive to the request under sections 552.101 and 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 reviewed the information at issue, we conclude that you
may withhold it under section 552.107(1). Since we have determined that you may withhold
the information at issue under section 552.107(1), we need not address your other claimed
exception to disclosure.
This letter ruling is limited to the particular records at issue in this request and limited to the
facts as presented to us; therefore, this ruling must not be relied upon as a previous
determination regarding any other records or any other circumstances.
PosT OFFICE Box 12548, AUSTIN, TEXAS 78711-2548 TEL: (512)463-2100 WEB: WWW.OAG.STATE.TX.US
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Texas. Attorney-General's Office. Texas Attorney General Open Records Letter Ruling: OR2000-0378, letter, February 3, 2000; (https://texashistory.unt.edu/ark:/67531/metapth640541/m1/1/: accessed April 24, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.