HomeMy WebLinkAboutCOHM-R003701-072826 - Final Letter to the Requestor (2026 October)
Post Office Box 12548, Austin, Texas 78711-2548 • (512) 463-2100 • www.texasattorneygeneral.gov
October 15, 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
OR2026-046509
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# 26-044212 (Ref. COHM-R003701-072826).
The City of Humble (the “city”), which you represent, received a request for certain
information pertaining to a specified address. You claim the submitted information is
excepted from disclosure under section 552.101 of the Government Code. Additionally,
you state release of the information may implicate the interests of third parties.
Accordingly, you state, and provide documentation demonstrating, you notified Watler P.
Moore & Associates and the United States Postal Service of the right to submit arguments
stating why the information should not be released.1 See Gov’t Code §§ 552.304, .305
(permitting interested third party to submit to attorney general reasons why requested
information should not be released); Open Records Decision No. 542 (1990) (determining
statutory predecessor to section 552.305 permits governmental body to rely on interested
third party to raise and explain applicability of exception in certain circumstances). We
have considered the exception you raise 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:
1 As of the date of this letter we have not received comments from either third party.
Mr. Joseph G. Hays - Page 2
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). The submitted information
pertains to a United States Postal Services building and identifies technical details of the
city’s water and sewer systems, each of which constitute 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# 26-044212
c: Requestor
2 Third Parties
1
Jennifer Namie
From:No Reply <no-reply@mycusthelp.com>
Sent:Wednesday, August 5, 2026 5:10 PM
To:Alesia Brister
Subject:Alesia Brister Forwarded Request: R003701-072826:: R003701-072826
Reference No: R003701-072826
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: 7/28/2026 4:12:29 PM
Update Date: 8/3/2026 12:25:22 PM
Last Reviewed: 8/3/2026 12:25:00 PM
Source: Web
: Public Information Center
: City of Humble
Pursuant to Texas Government Code, Ch. 552, I am requesting certain information, specifically: 1202 1st
St E Humble, TX 77338I would like to request all drawings for the abovementioned property (drainage
areas, drainage and utility, ROW).Let us know if you need any other information.Thank you!
Date Range From: 01/01/1900
Date Range To: 07/28/2026
City of Humble Address or Location(s): 1202 1st St E Humble, TX 77338
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