Texas Attorney General Open Records Letter Ruling: OR2000-0376 Page: Page2
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Mr. Steven D. Monte - Page 2
(3) maintained on a local basis only and not sent to a central state or
federal depository, except as provided by Subchapter B.
The information at issue involves juvenile conduct that occurred after September 1, 1997.
It does not appear that any of the exceptions in section 58.007 apply; therefore, the requested
information is confidential pursuant to section 58.007(c) of the Family Code. You must
withhold the information from disclosure under section 552.101 of the Government Code.
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.
This ruling triggers important deadlines regarding the rights and responsibilities of the
governmental body and of the requestor. For example, governmental bodies are prohibited
from asking the attorney general to reconsider this ruling. Gov't Code 552.301(f). If the
governmental body wants to challenge this ruling, the governmental body must appeal by
filing suit in Travis County within 30 calendar days. Id. 552.324(b). In order to get the
full benefit of such an appeal, the governmental body must file suit within 10 calendar days.
Id. 552.353(b)(3), (c). If the governmental body does not appeal this ruling and the
governmental body does not comply with it, then both the requestor and the attorney
general have the right to file suit against the governmental body to enforce this ruling.
If this ruling requires the governmental body to release all or part of the requested
information, the governmental body is responsible for taking the next step. Based on the
statute, the attorney general expects that, within 10 calendar days of this ruling, the
governmental body will do one of the following three things: 1) release the public records;
2) notify the requestor of the exact day, time, and place that copies of the records will be
provided or that the records can be inspected; or 3) notify the requestor of the governmental
body's intent to challenge this letter ruling in court. If the governmental body fails to do one
of these three things within 10 calendar days of this ruling, then the requestor should
report that failure to the attorney general's Open Government Hotline, toll free, at
877/673-6839. The requestor may also file a complaint with the district or county attorney.
If this ruling requires or permits the governmental body to withhold all or some of the
requested information, the requestor can appeal that decision by suing the governmental
body. Id. 552.321(a); Texas Dep't of Public Safety v. Gilbreath, 842 S.W.2d 408, 411
(Tex. App.-Austin 1992, no writ).
If the governmental body, the requestor, or any other person has questions or comments
about this ruling, they may contact our office. Although there is no statutory deadline for
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Texas. Attorney-General's Office. Texas Attorney General Open Records Letter Ruling: OR2000-0376, letter, February 3, 2000; Austin, Texas. (texashistory.unt.edu/ark:/67531/metapth640825/m1/2/: accessed October 20, 2018), University of North Texas Libraries, The Portal to Texas History, texashistory.unt.edu; crediting UNT Libraries Government Documents Department.