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Home My WebLink AboutCOHM-R003474-050526 Final Letter to the Requestor- Fire Sprinkler Plans Post Office Box 12548, Austin, Texas 78711-2548 • (512) 463-2100 • www.texasattorneygeneral.gov July 28, 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 OR2026-032146 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# 26-026541 (Ref. No. COHM-R003474-050526). The City of Humble (the “city”), which you represent, received a request for certain information pertaining to a specified address. You claim the submitted information is excepted from disclosure under section 552.101 of the Government Code. Additionally, you state release of the information at issue may implicate the proprietary interests of American Fire Systems, Inc., which you state the city notified of the request for information and of the 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. Section 552.101 of the Government Code excepts from disclosure “information considered to be confidential by law, either constitutional, statutory, or by judicial decision.” Gov’t Code § 552.101. This section encompasses information that is made confidential by other statutes, such as section 418.181 of the Government Code, which was added to chapter 418 of the Government Code as part of the Texas Homeland Security Act (the “HSA”). Section 418.181 provides “[t]hose 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 the security, governance, public health and safety, economy, or morale of the state or the Mr. Joseph G. Hays - Page 2 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). Furthermore, the mere recitation by a governmental body of a statute’s key terms is not sufficient to demonstrate the applicability of a claimed provision. As with any confidentiality provision, a governmental body asserting one of the confidentiality provisions of the HSA must adequately explain how the responsive information falls within the scope of the claimed provision. See Gov’t Code § 552.301(e)(1)(A) (governmental body must explain how claimed exception to disclosure applies). You claim the submitted information is confidential under section 552.101 in conjunction with section 418.181. We note the information at issue consists of layouts of a medical facility within the city (the “facility”), which reveal the locations of components of the facility’s fire suppression system. We find the facility’s fire suppression system constitutes critical infrastructure for purposes of section 418.181. See generally id. § 421.001(2). You assert release of the information at issue would reveal potential vulnerabilities in the city’s critical infrastructure. Based upon your representations and our review, we find you have demonstrated the release of 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, the city must withhold the submitted information under section 552.101 of the Government Code in conjunction with section 418.181 of the Government Code. 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 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, Blake Brennan Assistant Attorney General Open Records Division BBX/jxd Ref: ID# 26-026541 c: Requestor c: Third Party 1 Jennifer Namie From:No Reply <no-reply@mycusthelp.com> Sent:Wednesday, May 6, 2026 1:04 PM To:Alesia Brister Subject:Alesia Brister Forwarded Request: R003474-050526:: R003474-050526 Reference No: R003474-050526 Request Status: Sent for Legal Review Service Request Type: Public Records Request Priority: Medium Assigned To: Maria Jackson Customer Email: Name: Customer Phone: Create Date: 5/5/2026 8:36:16 AM Update Date: 5/5/2026 4:53:39 PM Last Reviewed: 5/5/2026 4:53:39 PM Source: Web : Public Information Center : City of Humble Pursuant to Texas Government Code, Ch. 552, I am requesting certain information, specifically: Approved Fire Sprinkler Plans.Permit # - 241813Address - 18970 N Memorial Dr, Humble, TX 77338 Date Range From: 09/03/2025 Date Range To: 12/31/2025 City of Humble Address or Location(s): 18970 N Memorial Dr, 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