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HomeMy WebLinkAboutCOHM-R002875-091425 - Final Letter to the Requestor (2025 December)�OrttNF. Y '� r"l h KEN PAXTON ATrORNF,Y GENERAL OF TEXAS December 8, 2025 Mr. Joseph G. Hays _.Counsel for__the_City of Humble Olson & Olson, LLP 2727 Allen Parkway, Suite 600 Houston, Texas 77019-2133 Dear Mr. Hays: EC 15 ; OR2025-043559 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# 25-044237 (Ref. No. COHM-R002875-091425). The City of Humble (the "city"), which you represent, received a request for construction plans related to a specified area. You claim the submitted information is excepted from disclosure under section 5 52. 101 of the Government Code. Additionally, you state release of the submitted information may implicate the proprietary interests of Method Architecture ("Method"). Accordingly, you state, and provide documentation showing, you notified Method of the request for information and of its 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 Method explaining why the submitted information should not be released. Therefore, we have no basis to conclude Method has a protected 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, Post Office Box 12548, Austin, Texas 78711-2548 • (512) 463-2100 • awvw.texasattorneygeneral gov Mr. Joseph G. Hays - Page 2 the city may not withhold the submitted information on the basis of any proprietary interest Method 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. You raise 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. 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." Id. § 418.181. 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 reveals the location of the city's fiberoptic, water, and sewer systems. You state, and we agree, the city's fiberoptic, water, and sewer systems are critical infrastructure for purposes of section 418.181. See generally 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"). You assert release of the information at issue "could make the citizens vulnerable to significant damage, injury[,] and loss of life." Based on these representations and our review, we find you have demonstrated the applicability of section 418.181 to some of the information at issue, which we have marked. Therefore, the city must withhold the information we have marked under section 552.101 of the Government Code in conjunction with section 418.181 of the Government Code. However, we find you have failed to demonstrate the remaining information at issue identifies the technical details of particular vulnerabilities of critical infrastructure to an act of terrorism. See Open Records Decision Nos. 542 (1990) (stating that governmental body has burden of establishing that exception applies to requested information), 532 (1989), 515 (1988), 252 (1980). Consequently, the city may not withhold any of the remaining information under section 552.101 of the Government Code in conjunction with section 418.181 of the Government Code. As no further exceptions to disclosure have been raised, 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 littps://w\vA` .texasattorne�eneral.�-,ov/open- government/members-public/what-expect-sifter-Tulin-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, Tim Neal Assistant Attorney General Open Records Division --TN/mo -- - Ref: ID# 25-044237 Enc. Submitted documents c: Requestor (w/o enclosures) Third Party (w/o enclosures) Jennifer Namie From: No Reply <nc-reply@mycusthelp.com> Sent: Wednesday, September 24, 2025 11:23 AM To: Alesia Bdster Subject: Alesia Brister Forwarded Request: R002875-091425:: R002875-091425 Reference No: R002875-091425 Request Status: Sent for legal Review Service Request Type: Public Records Request Priority: Medium Assigned To: Elanna Killian Customer Email: Name EM Customer Phone Create Date: 9/14/2025 1:45:09 PM Update Date: 9/18/20254:50:49 PM Last Reviewed: 9/19/2025 4:50:49 PM Source: Web : Public Information Center : City of Humble Pursuant to Texas Government Code, Ch. 552, 1 am requesting certain information, specifically: Hellel am requesting construction plan records / as-builts (both wet & dry) for an area along Birchridge Dr near Eastex Freeway Feeder Rd intersection. Exact coordinates: 30.011949, 95.26S952. Nearest Address: 20325 US-S9, Humble, Tx 77338. HCAD ID: 1159180030002. 1 have attached an aerial map with the requested area shown in red. Please refer to coordinates for exact location. Thank you, Date Range From: 06/01/2015 Date Range To: 09/01/2025 City of Humble Address or Location(s): 30.011949, 95.265952 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 amountto 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 PasASSCCN79S INC. •_.•n. nr.._i ...,,3.. e,a a s FFIJLCI s99. os6a E:SIK'li1MJi^13514iSZ'E"+86C xnr: Mat d4 ,veE. OF¢omMrs.N,1. 1111IWIM IMs OMIT 'L IF ";E AN Mr waFme. u.0 uu: .p S A .,5:,1g56o8¢5___ C<<� t p4 JAC"rfn EiSE ua�. r :eLsol AeG V C.n .:.1 -� r1UMBLE.TE%AS 7733B.(7Fry144 3C61 ,.AA Y Fe Fi.. Yam FAX'.'T13) aa60Bs3 I:. �. pr. C".c. PHAR-MOR PHARMACY -' EI 20325 HIGHWAY 59 — 1. NO ARCHITECTURAL SEAL OR SIGNATURE. 2. SUBMIT SOILS REPORT TO BUILDING OFFICIAL PRIOR TO POURING OF ANY CONCRETE. 3. SUBMIT SURVEY CURRENT SIGNED BY REGISTERED PROFESSIONAL SURVEYOR LESS THAN 90 DAYS OLD PRIOR TO POURING OF DLAB. 4, SUBMIT LETTER OF APPROVAL FROM HARRIS COUNTY FLOOD CONTROL FOR STORM DRAINAGE. 5. UNDERGROUND FIREMAIN PIPE SHALL BE A.W.W.A. APPROVED C-900 P.V.C. A TRANSI— TION TO DUCTILE IRON PIPE WITHIN 510" OF BUILDING RISER MUST BE MADE. 6. PIT LOCATION FURTHER FROM BUILDING LOCATION SHALL BE VERIFIED BY CHIEF RANDALL NORDIN, HUMBLE FIRE DEPARTMENT AT 446-2212. 7. A HYDRANT CONNECTED TO EXISTING WATERLINE MUST BE PROVIDED. FIRE HOSE LENGTH SHALL CONFORM TO SEC. 25 HE CITY OF HUMBLE CODE OF ORDINANCES. VERIFY G.P.M. FLOW TEST. B. FACILITY PROPOSED SHALL CONFORM TO TEXAS HANDICAP LAWS. TEXAS VERNON STATUTES 60-1B 9. PARKING STALLS SHALL BE 1840" DEEP, 9 FEET WIDE AND 24'0" MANUVERING SPACE FOR ALL NON —HANDICAP PARKING. SEE ATTACHE SPECIFICATION FOR HANDICAP SIGN. 10. SUBMIT CERTIFICATE OF TESTING FROM STEEL FABRICATOR. IT. PARKING LOT LIGHTING SHALL ILLUMINATE TO AN AVERAGE OF 0.2 FOOT CANDLES AT GROUND LEVEL, 12. NEED ARCHITECTURAL SEAL AND SIGNATURE ON AFFECTED DOCUMENTS. 13. NEED ENGINEERS SEAL AND SIGNATURE ON SOILS REPORT SUBMITTED 3-20-90. 14. SUBMIT PLANS FOR ALL SIGNAGE (2) SETS FOR APPROVAL AND PROVIDE NECESSARY PERMITS. 15, OCCUPANCY CLASSIFICATION MIXED GROUP MAS2 LOW HAZARD. 16. PROVIDE A 2 HOUR RATED FIREWALL, FLOOR TO ROOF TIGHT, NO PENETRATIONS, FIRE TAPE. EXIT DOORS OCCURING IN THIS WALL SHALL BE CLASS B LABLED FIRE DOORS AND FRAMES EQUIPPED WITH PANIC HARDWARE (ALL EXIT DOORS) AND EXIT LIGHTS W/BATTERY BACK—UP. DOORS NO. 11, 18, 23, 19, 10 A 20. PHAR-MOR PHARMACY 20325 HIGHWAY 59 17. DETAILS INDICATING 1/2" SHEETROCK SHALL READ 5/8" FIRE CODE SHEETROCK, A.S.T.N. C-36. 18. FLOORS FOR MEZZANINE AND ELEVATED STORAGE SHALL HAVE 1 HOUR RATED FLOORS MINIMUM. 19. SEE GAS PIPING SIZE CHANGES M.E.P.2 20. GAS PIPING SHALL BE ACCESSIBLE AT ALL POINTS EXPOSED. 22. ROOF TOP CONDENSATE LINE TO ROUTE TO NEAREST STORM ROOF DRAIN, BY NOT TO SANITARY. 23. NEED ENGINEERS SEAL AND SIGNATURE AT M-1, P-I, E-11 E-2, E-3, E-49 E-5 AND E/6. 24. ROOF DRAINAGE SHALL CONFORM TO TABLE 84-M & 84-N. FIELD VERIFY. 25. SUBMIT H&C WATER RISERISOMETRIC DRAWING FOR PROPOSED PLUMBING. 26. PROVIDE VACUUM RELIEF VALVE 6" ABOVE WATER HEATER ON COLD INLET. 27. 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