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Home My WebLink AboutCOHM-R003527-052626 - Final Letter to the Requestor (2026 August) Post Office Box 12548, Austin, Texas 78711-2548 • (512) 463-2100 • www.texasattorneygeneral.gov August 14, 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 OR2026-035536 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# 26-030490 (PIR# COHM-R003527-052626). The City of Humble (the “city”), which you represent, received a request for information pertaining to a specified location. You state you have released some of the requested information. You claim the submitted information is excepted from disclosure under section 552.101 of the Government Code. You also state release of the submitted information may implicate the proprietary interests of Aspen Manufacturing Company; ATR Engineering; Brewer Escalante; Century Engineering, Inc.; Garza+McLain Structural Engineers, Inc.; Harry Gendel Architects; Jarvis Civil Engineering; RDI Mechanical Inc.; and Schulte Building Systems. Accordingly, you state, and provide documentation showing, the city notified the third parties 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. Initially, we note 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) to submit its reasons, if any, as to why information relating to that party should be withheld from public disclosure. See Gov’t Code § 552.305(d)(2)(B). As of the date of this letter, we have not received comments from the third parties explaining why the submitted information should not be released. Therefore, we have no basis to conclude the third parties have a protected Mr. Joseph G. Hays - Page 2 proprietary interest in the submitted information. See, e.g., id. § 552.110 (requiring the provision of specific factual evidence demonstrating the applicability of the exception). Accordingly, the city may not withhold the submitted information on the basis of any proprietary interest the third parties may have in the 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.” Id. § 552.101. This section encompasses information that is made confidential by other statutes. The city raises section 552.101 in conjunction with section 418.181 of the Homeland Security Act (the “HSA”). Sections 418.176 through 418.182 were added to chapter 418 of the Government Code as part of the HSA. These provisions make confidential certain information related to terrorism. 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 the security, governance, public health and safety, economy, or morale of the state or the 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 state the submitted information identifies details and locations of components of the city’s storm, sewer, and water lines. These storm, sewer, and water lines critical infrastructure for purposes of section 418.181. See id. § 421.001(2). You state release of such 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 showing the storm, sewer, and water lines under section 552.101 of the Government Code in conjunction with section 418.181 of the Government Code. The city must release the remaining 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, Anna Lyall Assistant Attorney General Open Records Division AL/jxd Ref: ID# 26-030490 c: Requestor 9 Third Parties 1 Jennifer Namie From:No Reply <no-reply@mycusthelp.com> Sent:Monday, June 8, 2026 12:44 PM To:Alesia Brister Subject:Alesia Brister Forwarded Request: R003527-052626:: R003527-052626 Reference No: R003527-052626 Request Status: Sent for Legal Review Service Request Type: Public Records Request Priority: Medium Assigned To: Elanna Killian Customer Email: Name: Customer Phone: Create Date: 5/26/2026 12:29:58 PM Update Date: 6/5/2026 8:47:39 AM Last Reviewed: 6/5/2026 8:47:39 AM Source: Web : Public Information Center : City of Humble Pursuant to Texas Government Code, Ch. 552, I am requesting certain information, specifically: Please provide copies of any open/active building and fire code violations, certificates of occupancy (certificates of use & occupancy, non-RUPs, certificates of compliance, certificates of completion, certificates of continued occupancy, certificates of use, use and occupancy permits, or the equivalent of a certificate of occupancy), final approved site plan (site development plan or master development plan) on file at this time for the property located at 373 ATASCOCITA RD, Parcel # 1220080000001. Please do not exceed $25.00 with out prior approval.(OUR REF # 189325-1) Date Range From: 01/01/2001 Date Range To: 05/26/2026 City of Humble Address or Location(s): 373 ATASCOCITA RD / 1220080000001 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