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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