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1992 Texas Attorney General Reports and Opinions 1 (1992)

handle is hein.sag/sagtx0045 and id is 1 raw text is: @ffice of the ttornep eneral 6tate of Texas January 7, 1992 Mr. William Grossenbacher Administrator Texas Employment Commission 101 East 15th Street Austin, Texas 78778-0001 Open Records Decision No. 599 Re: Whether certain information sub- mitted by employers to the Texas Employment Commission is subject to disclosure under the Open Records Act, article 6252-17a, V.T.C.S. (RQ-2121) Dear Mr. Grossenbacher: The Texas Employment Commission (TEC) received an open records request seeking access to information about employers in sixteen counties. TEC was asked to produce: (1) Standard Industrial Classification (SIC) codes, (2) information indicating the number of employees working for each employer, (3) TEC identification ru.,mbers, and (4) information relating to whether employer quarterly tax reports wlere filed last year. We previously issued Open Records Letter No. 263 (1990) which you have asked us to reconsider. Having done so, we conclude that all of the requested information is excepted from required public disclosure by section 3(a)(1) of the Open Records Act.' 10pen Records Letter No. 263 found that article 5221b-9(g), V.T.C.S., did not apply to the requested information, because it is information about the employing units, rather than information about employees collected from employers, citing Attorney General Opinion H-404 (1974). That opinion determined that the amount of unemployment compensation benefits paid particular individuals or groups is not within the confidentiality provision of article 522lb-9, because, since TEC makes the payments, such information is not information about employees collected from employers. However, Attorney General Opinion H-404 did not address information obtained from an employer. Nor did Attorney General Opinion H-626 (1975), which concluded that the phrase information thus obtained or otherwise secured embraced records pertaining to investigations by TEC, as well as records obtained from either the claimant or the employing unit. Attorney General Opinion H-626 (1975). Open Records Decision No. 235 (1980) concluded that information obtained by TEC relating to the identity of a named employing unit and the partners of the unit was not confidential under article DAN MORALES ATTORNEY GENERAL

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