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HomeMy WebLinkAboutCOHM-R003563-060626 Final Letter to the Requestor - Sewer & Water Lines (2026 August) Post Office Box 12548, Austin, Texas 78711-2548 • (512) 463-2100 • www.texasattorneygeneral.gov August 26, 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 OR2026-037930 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# 26-033106 (Ref. COHM-R003563-060626). The City of Humble (the “city”), which you represent, received a request for certain utility information pertaining to a specified address. You claim the submitted information is excepted from disclosure under section 552.101 of the Government Code. 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 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 Mr. Joseph G. Hays - Page 2 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 submitted information under section 552.101 in conjunction with section 418.181. 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/jxd Ref: ID# 26-033106 c: Requestor Jennifer Namie From: No Reply <no-reply@mycusthelp.com> Sent: Wednesday, June 10, 2026 10:41 AM To: Alesia Brister Subject: Alesia Brister Forwarded Request: R003563-060926:: R003563-060926 Reference No: R003563-060926 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: 6/9/2026 10:21:19 AM Update Date: 6/9/2026 1:30:21 PM Last Reviewed: 6/9/2026 1:30:21 PM Source: Web : Public Information Center : City of Humble Pursuant to Texas Government Code, Ch. 552, I am requesting certain information, specifically: We are needing to see the sewer and water lines on the street that is east of the property at 19205 McKay Blvd. The street names are S. Memorial Drive and N. Memorial Dr. Can you assist in showing any waterlines in that vicinity?Thank you so very much Date Range From: 08/01/2018 Date Range To: 06/09/2026 City of Humble Address or Location(s): S. Memorial Drive. I have a attached an aerial view highlighting the streets I am referencing. 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 1