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