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HomeMy WebLinkAboutCOHM-R003518-052026 - Final Letter to the Requestor (2026 August)Post Office Box 12548, Austin, Texas 78711-2548 • (512) 463-2100 • www.texasattorneygeneral.gov August 11, 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 OR2026-034828 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# 26-029674 (Ref. COHM-R003518-052026). The City of Humble (the “city”), which you represent, received a request for certain information pertaining to a specified address. You state the city released some of the requested information. 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 Harry Gendel Architects, Aspen Manufacturing Company, Century Engineering, Inc., Garza+McLain Structural Engineers, Inc., RDI Mechanical Inc., Schulte Building Systems, Jarvis Civil Engineering, and ATR Engineering 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. 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.” Gov’t Code § 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 Mr. Joseph G. Hays - Page 2 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 state the submitted information identifies details and locations of components of the city’s water and sewer utility systems. These systems are critical infrastructure for purposes of section 418.181. See Gov’t Code § 421.001(2). You assert release of the submitted 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. Accordingly, the city must withhold the information identifying the sewer and water utility systems under section 552.101 in conjunction with section 418.181. 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 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# 26-029674 c: Requestor c: 8 Third Parties May 20, 2026 Office of the City Secretary City of Humble 114 W. Higgins Humble, Texas 77338 RE: Freedom of Information Act (FOIA) Request To whom it may concern: is a consulting firm currently conducting a review of the below-referenced facility. Through the Freedom of Information Act, we request your assistance by providing us with written information concerning the site and building at the following property: Aspen Manufacturing 373 Atascocita Road Humble, TX 77396 Building/Development Department: • Copies of permits and plans for initial construction, demolition, wastewater treatment, storage tanks, wells, septic systems, and a list of later building permits; copies of all permits are not required • Copy of the most recent inspection report (if periodic inspections are conducted). • Information regarding any outstanding building code violations • A copy of the current Certificate of Occupancy Planning/Zoning Department: • Information regarding any current, outstanding zoning code violations • Current zoning • Current parking requirements for the zone/use of the property • Information regarding historical land use and zoning (if historical maps or knowledge is available) Fire Department: • Information regarding any hazardous material or petroleum product storage, use or releases, including aboveground or underground storage tanks • Information regarding any current, outstanding fire code violations • Copies of any recent inspection reports • Incident reports associated with fires at the abovementioned property. Health Department: • Current/former septic systems and water wells • Violations related to hazardous materials or public health • Hazardous material or public incident reports If copies of records or information requested is not available by mail or fax, but only available for inspection in-person, or require payment of fees, please inform us prior to fulfilling this request.