The URL can be used to link to this page

Home My WebLink AboutCOHM-R003185-012626 Final Letter Post Office Box 12548, Austin, Texas 78711-2548 • (512) 463-2100 • www.texasattorneygeneral.gov April 17, 2026 Mr. Joseph G. Hays Counsel for the City of Humble Olson & Olson, L.L.P. 2727 Allen Parkway Houston, Texas 77019-2133 OR2026-015596 Dear Mr. Hays: You ask whether certain information is subject to required public disclosure under the Public Information Act (the “Act”), chapter 552 of the Government Code. Your request was assigned ID# 26-006564 (Ref. COHM-R003185-012626). The City of Humble (the “city”), which you represent, received a request for certain information pertaining to a specified address. You state some of the requested information has been released. Although the city does not take a position, you state release of the submitted information may implicate the proprietary interests of third parties. Accordingly, you state, and provide documentation showing, you notified Windrose and Kimley Horn of the request for information and of their right to submit arguments to this office as to why the submitted information should not be released. See Gov’t Code § 552.305(d); see also Open Records Decision No. 542 (1990) (statutory predecessor to section 552.305 permits governmental body to rely on interested third party to raise and explain applicability of exception in the Act in certain circumstances). We have reviewed the submitted information. An interested third party is allowed ten business days after the date of its receipt of the governmental body’s notice under section 552.305(d) of the Government Code to submit its reasons, if any, as to why requested information relating to it should be withheld from disclosure. See Gov’t Code § 552.305(d)(2)(B). As of the date of this letter, this office has not received comments from the notified third parties explaining why their information should not be released to the requestor. Thus, we have no basis to conclude the release of the information would implicate the third parties’ interests, and none of the information may be withheld on that basis. See, e.g., id. § 552.110 (requiring provision of specific factual evidence demonstrating applicability of exception). Mr. Joseph G. Hays - Page 2 Section 552.101 of the Government Code excepts from public disclosure “information considered to be confidential by law, either constitutional, statutory, or by judicial decision.”1 Id. § 552.101. This section encompasses information protected by chapter 418 of the Government Code. As part of the Texas Homeland Security Act (the “HSA”), sections 418.176 through 418.182 were added to chapter 418 of the Government Code. These provisions make confidential certain information related to terrorism or a hostile act by a foreign adversary of the United States. Section 418.181 of the Government Code provides the following: Those documents or portions of documents in the possession of a governmental entity are confidential if they identify the technical details of particular vulnerabilities of critical infrastructure to an act of terrorism or a hostile act by a foreign adversary of the United States. Id. § 418.181; see also id. § 421.001(2) (defining “critical infrastructure” to include all public or private assets, systems, and functions vital to security, governance, public health and safety, economy, or morale of state or nation). The fact that information may relate to a governmental body’s security concerns does not make the information per se confidential under the HSA. See Open Records Decision No. 649 at 3 (1996) (language of confidentiality provision controls scope of its protection). We note the submitted information identifies details and locations of components of the city’s utility systems. These systems are critical infrastructure for purposes of section 418.181. See Gov’t Code § 421.001(2). However, we are unable to determine whether the information at issue would identify the technical details of particular vulnerabilities of the city’s critical infrastructure to an act of terrorism or a hostile act by a foreign adversary of the United States. Accordingly, to the extent the city determines the information would identify the technical details of particular vulnerabilities of the city’s critical infrastructure to an act of terrorism or a hostile act by a foreign adversary of the United States, the city must withhold such information under section 552.101 in conjunction with section 418.181. To the extent the city does not make such a determination, the information is not confidential under section 418.181 and may not be withheld under section 552.101 on that basis. The remaining information must be released. This letter ruling is limited to the particular information 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 information or any other circumstances. This ruling triggers important deadlines regarding the rights and responsibilities of the governmental body and of the requestor. For more information concerning those rights and responsibilities, please visit our website at https://www.texasattorneygeneral.gov/open- government/members-public/what-expect-after-ruling-issued or call the OAG’s Open 1 The Office of the Attorney General will raise a mandatory exception on behalf of a governmental body but ordinarily will not raise other exceptions. See Open Records Decision Nos. 481 (1987), 480 (1987), 470 (1987). Mr. Joseph G. Hays - Page 3 Government Hotline, toll free, at (877) 673-6839. Questions concerning the allowable charges for providing public information under the Public Information Act may be directed to the Cost Rules Administrator of the OAG, toll free, at (888) 672-6787. Sincerely, Lindsay E. Hale Assistant Attorney General Open Records Division LEH/pt Ref: ID# 26-006564 c: Requestor 2 Third Parties 1 Jennifer Namie From: City of Humble <humbletx@govqa.us> Sent: Thursday, January 29, 2026 9:44 AM To: OlsonOpenRecordsGroup Subject: [GovQA] Activity Assignment on Request R003185-012626 - 2964 An Activity has been assigned to you on Request Public Records Request / R003185-012626 - Activity 2964 CLICK HERE TO COMPLETE ACTIVITY ASSIGNMENT ***Please check the box "No Files Found" if you don't have any responsive documents. Activity Information Activity Assigned Staff: Olson & Olson Records Group Activity Type: Provide Records Activity Due Date: 2/9/2026 Activity Details: Please confirm if development plat with land surveyor seal is releasable. Request Information Assigned Staff: Maria Jackson Status: Assigned Create Date: 1/26/2026 3:06:41 PM Record(s) Requested: Please provide the following for the property located 18840 HS-59, Humble, TX (Floor & Décor): *copy of existing Certificates of Occupancy *notice/documentation of any record of open/unresolved zoning code violations *notice/documentation of any record of open/unresolved building code violations *notice/documentation of any record of open/unresolved fire code violations *copies of resolutions/ordinances or minutes approving any zoning variances, special/conditional use approvals, site plan review or other entitlements *copy of the final approved site development plan (reviewed and approved for zoning compliance) *notice/documentation of any current or planned public improvement projects that will affect the traffic flow, access or property lines (ROW acquisition/condemnation) of the subject property This is an auto-generated email and has originated from an unmonitored email account. Please DO NOT REPLY 2 This email has been scanned for spam and viruses by Proofpoint Essentials. Click here to report this email as spam.