2001 Texas Attorney General Reports and Opinions 1 (2001)

handle is hein.sag/sagtx0078 and id is 1 raw text is: Page 1 of 5

Office of the Attorney General - State of Texas
John Cornyn
February 5, 2001

Mr. G. Chadwick Weaver              Open Records Decision No. 670
First Assistant City Attorney
City of Midland                     Re: What information is excepted
300 N. Loraine, Rm. 320             under section 552.117(2) of the
P.O. Box 1152                       Government Code and whether a
Midland, Texas 79702-1152           governmental body may withhold
the information without requesting
a decision from the Attorney
General. (ORQ-56)
Dear Mr. Weaver:
The City of Midland (the city) received a request from a former peace officer
for a copy of his personal records [sic] under the Public Information Act (the
Act), chapter 552 of the Government Code. The City claims that peace
officers' addresses and phone numbers are excepted under section 552.117(2)
of the Government Code. Therefore, pursuant to section 552.301 of the
Government Code, we consider what information is excepted under section
552.117(2) of the Government Code and whether a governmental body may
withhold the information without requesting a decision from the Attorney
General.
Section 552.117(2) of the Government Code provides:
Information is excepted from the requirements of Section 552.021 if it is
information that relates to the home address, home telephone number, or social
security number, or that reveals whether the following person has family
members:
(2) a peace officer as defined by Article 2.12, Code of Criminal Procedure, or a
security officer commissioned under Section 51.212, Education Code,
regardless of whether the officer complies with Section 552.024.0)
Article 2.12 of the Code of Criminal Procedure provides:
The following are peace officers:
(1) sheriffs, their deputies, and those reserve deputies who hold a permanent peace officer
license issued under Chapter 415, Government Code;
(2) constables, deputy constables, and those reserve deputy constables who hold a permanent
peace officer license issued under Chapter 415, Government Code;

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