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HomeMy WebLinkAboutCOHM-R003270-022026 Final Letter to the Requestor Post Office Box 12548, Austin, Texas 78711-2548 • (512) 463-2100 • www.texasattorneygeneral.gov May 12, 2026 Mr. Joseph G. Hays Counsel for the City of Humble Olson & Olson, L.L.P. 2727 Allen Parkway, Suite 600 Houston, Texas 77019-2133 OR2026-019469 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# 26-011392 (Ref. COHM-R003270-022026). The City of Humble (the “city”), which you represent, received a request for information pertaining to a specified location. You claim the submitted information is excepted from disclosure under section 552.101 of the Government Code. Additionally, you state release of the submitted information may implicate the proprietary interests of third parties. Accordingly, you state, and provide documentation showing, you notified Embree Group and TGI Friday’s 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 considered the exception you claim and 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 Mr. Joseph G. Hays - Page 2 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). 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.” 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). You assert the submitted information identifies details and locations of components of city utility systems. We agree the systems are critical infrastructures for purposes of section 418.181. See Gov’t Code § 421.001(2). Additionally, you assert such information identifies 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, the city must withhold the first three pages of the information you have submitted, consisting of the city’s public works plans, under section 552.101 in conjunction with section 418.181. However, we find you have not demonstrated the remaining submitted information identifies 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. Consequently, the city may not withhold any of the remaining information at issue under section 552.101 of the Government Code in conjunction with section 418.181 of the Government Code. The city must release the remaining submitted information. 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. Mr. Joseph G. Hays - Page 3 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 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, Debbie Lee Assistant Attorney General Open Records Division DKL/jxd Ref: ID# 26-011392 c: Requestor 2 Third Parties Reference No: R003270-022026 Request Status: Sent for Legal Review Service Request Type: Public Records Request Priority: Medium Assigned To: Maria Jackson Customer Email: NameIIIWM Customer Phone: Create Date: 2/20/2026 12:25:10 PM Update Date: 3/4/2026 1109:42 AM Last Reviewed: 3/4/2026 11:09:42 AM Source: Web Public Information Center City of Humble Pursuant to Tesas Government Code, Ch. 552, I am requesting certain information, specifically: Any architectural or engineering plans for the closed TGIFridays restaurant at 20430 59N, Humble TX 77338. Slte plans, building plans, M/E/P/ utility drawings etc. Date Range From: 02/20/2000 Date Range To: 02/20/2026 City of Humble Address or Location(s): 20430 59N, Humble TX 77338 Preferred Method to Receive Records: Electronic via Customer Portal Clarifications Requested: Clarifications Received: Public Archive Summary: I agree that if the cost of my request is between $10 and $39.99, then I will pay that amount to obtain the requested records. I acknowledge that if the cost of my request is $40 or more, then I will receive a cost estimate before any work is done.: I agree Redaction Disclaimer: I acknowledge that the City of Humble will not provide me with any further notice that those types of information have been redacted: I agree