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Home My WebLink AboutCOHM-R002871-091125_Letter_to_the_Requestor (2025 September) September 25, 2025 The Honorable Ken Paxton VIA E-FILE Texas Attorney General Open Records Division P.O. Box 12548 Austin, Texas 78711-2548 RE: Public Information Request Received September 11, 2025 Requestor: Chaundra Hugel Broughton Reference: COHM-R002871-091125 Dear Attorney General: The City of Humble, Texas, (the “City”) received a public information request on September 11, 2025. [EXHIBIT 1 The 10th business day after the date of the request is September 25, 2025. In accordance with Texas Government Code § 552.301(e), the City now submits this brief or other written comments stating the reasons why the information requested is excepted from disclosure. The requestor is seeking information for a particular location in the City. The responsive information is attached for your review. [EXHIBIT 2] § 552.101 - Homeland Security Act. Section 552.101 of the Government Code excepts from disclosure “information considered to be confidential by law, either constitutional, statutory, or by judicial decision.” This section encompasses information protected by other statutes. As part of the Texas Homeland Security Act, sections 418.176 through 418.182 were added to chapter 418 of the Government Code. These provisions make certain information related to terrorism confidential. Section 418.181 provides: 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. Gov’t Code § 418.181. The submitted information reveals the exact location of all water and sewer mains in the City. The requested files show the City’s system of water supply, which provides the water service for all citizens within the City and show the vulnerability of the City’s critical infrastructure. Office of the Attorney General September 25, 2025 Page 2 Because the submitted information identifies the technical details of particular vulnerabilities of the City’s fiber optic cable system, the information is confidential pursuant to section 418.181 of the Texas Government Code. The Attorney General, has in the past, issued Open Record Letters that allow a city’s water mains or water infrastructure to be withheld. ORL2006-06481 (ARC GIS layer file of current and future water & sewer lines); ORL2005-07574 (City water mains). Additionally, the City asserts that the Texas Homeland Security Act, Section 418.181 of the Government Code, creates a compelling interest under Section 552.302. Chapter 418 of the Government Code, which provides for confidentiality under Section 418.181, also lists a compelling reason to withhold information of this nature. Section 418.002(1) provides that one of the purposes of Chapter 418 is to “reduce vulnerability of people and communities of this state to damage, injury, and loss of life and property resulting from natural or man-made catastrophes, riots, or hostile military or paramilitary action.” As the City has previously discussed, releasing data consisting of all main lines for storm, sewer, water, zoning, city limits, and ETJ for the City could make the citizens vulnerable to significant damage, injury and loss of life. § 552.305. The responsive information involves the privacy of third parties. Section 552.305 of the Public Information Act provides: (a) In a case in which information is requested under this chapter and a person’s privacy or property interests may be involved, including a case under Sections 552.101, 552.104, 552.110, or 552.114, a governmental body may decline to release the information for the purpose of requesting an attorney general decision. (b) A person whose interests may be involved under Subsection (a), or any other person, may submit in writing to the attorney general the person’s reasons why the information should be withheld or released. (c) The governmental body may, but is not required to, submit its reasons why the information should be withheld or released. Tex. Gov’t Code § 552.305. The third parties whose information is responsive to the request have been provided notice at their last known addresses of this request pursuant to the statute. [EXHIBIT 3] The City notes that some of these third parties are no longer in operation and no contact information is available. Office of the Attorney General September 25, 2025 Page 3 Thank you for your consideration of this matter. If you should require more information, please do not hesitate to contact me. Respectfully submitted, OLSON & OLSON, LLP /s/ Joseph G. Hays Joseph G. Hays JGH/jn Enclosures cc w/o enclosures: Chaundra Hugel Broughton, Requestor VIA E-MAIL Philip Boedeker, City Attorney VIA E-MAIL Maria Jackson, City Secretary VIA E-MAIL Third Parties: VIA CMRRR Ashkar Engineering Corporation 11943 River Meadow Ln. Houston, TX 77477 Volz Engineering and Surveying, Inc. 10849 Indian Head Industrial Blvd. St. Louis, MO 63132 EXHIBIT 1 WRITTEN REQUEST FOR PUBLIC INFORMATION 1 Jennifer Namie From:Maria Jackson <mjackson@cityofhumble.net> Sent:Thursday, September 18, 2025 11:21 AM To:Jennifer Namie; Alesia Brister Cc:Maria Jackson Subject:Maria Jackson Forwarded Request: R002871-091125:: R002871-091125 (Responsive Records in GovQA) Follow Up Flag:Follow up Flag Status:Flagged Reference No: R002871-091125 Request Status: Sent for Legal Review Service Request Type: Public Records Request Priority: Medium Assigned To: Maria Jackson Customer Email: chaundra@kwcommercial.com Name: Chaundra Hugel Broughton Customer Phone: 9177436241 Create Date: 9/11/2025 3:01:36 PM Update Date: 9/18/2025 11:16:30 AM Last Reviewed: 9/18/2025 11:16:30 AM Source: Web : Public Information Center : City of Humble Pursuant to Texas Government Code, Ch. 552, I am requesting certain information, specifically: Floor plans, layouts, MEP drawings and other building construction specific records Date Range From: 09/01/1970 Date Range To: 09/11/2025 City of Humble Address or Location(s): 123 - 125 W Main Street, Humble, TX 77338Parcel ID: 041-051- 001-0106 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 2 This email has been scanned for spam and viruses by Proofpoint Essentials. Click here to report this email as spam.