the City of Houston, Texas v. Ken Paxton, Attorney General of Texas, 03-15-00093-CV

the City of Houston, Texas v. Ken Paxton, Attorney General of Texas

03-15-00093-CV

Tex. App.

Apr 23, 2015

Check Treatment

Case Information

City of Houston

www.houstontx.gov

Legal Department April 23, 2015 Via e-Filing Hon. Velva L. Price Travis County District Clerk 1000 Guadalupe Street, Room 301 Austin, Texas 78701 Re: Cause No. D-1-GV-14-000227; The City of Houston v. Greg Abbott, Attorney General of Texas; in the 250th Judicial District Court of Travis County, Texas Appeal: No. 03-15-00093-CV; The City of Houston v. Ken Paxton, Attorney General of Texas; in the Court of Appeals for the Third District of Texas at Austin

Dear Ms. Price: Plaintiff/Appellant City of Houston (the City) requests that the documents listed below be included in a Supplemental Clerk's Record to be prepared, certified and filed in the abovenumbered appeal in the Third Court of Appeals:

| | Date filed | Document | | :--: | :-- | :-- | | 1. | $06 / 25 / 14$ | Agreed Protective Order | | 2. | $10 / 29 / 14$ | Order Sealing Information at Issue for In Camera Inspection | | 3. | $02 / 11 / 15$ | Letter Designating Clerk's Record | | 4. | | Certified Bill of Costs | | 5. | | Docket Sheet | | 6. | | This letter | | 7. | | Pursuant to the Order Sealing Information at Issue for In Camera
Inspection signed on October 28, 2014 (attached as Ex. A), and Tex.
Gov't Code $§ 552.3221$ (c)(3) (attached as Ex. B), please transmit under
seal to the Third Court of Appeals the Information at Issue (this is
information which must be protected from public view). |

*2 Hon. Velva L. Price April 23, 2015 Page 2

Please let me know the cost of preparing this Supplemental Clerk's Record at your earliest convenience so that I can make arrangements for payment.

Thank you for your courtesy and prompt attention to this matter. Sincerely, /s/ Mary Beth Stevenson Mary E. ("Mary Beth") Stevenson Assistant City Attorney 832.393.6269 marybeth.stevenson@houstontx.gov cc: Via e-service Matthew R. Entsminger

Hon. Velva L. Price April 23, 2015 Page 3

Certificate of Service

I hereby certify that on this 23rd day of April, 2015, a true and correct copy of the foregoing has been served on counsel below via e-service.

Matthew R. Entsminger Assistant Attorney General Open Records Litigation P.O. Box 12548, Capitol Station

Austin, Texas 78711-2548 matthew.entsminger@texasattorneygeneral.gov Attorney for Defendant/Appellee /s/ Mary Beth Stevenson Mary E. ("Mary Beth") Stevenson

*4 EXHIBIT A

THE CITY OF HOUSTON, TEXAS, $345 F, 8323936268$ $345 T H$ DISTRICT COURT

THE CITY OF HOUSTON, TEXAS, $11155 F, 84$ Plaintiff, $§$ v. 250th JUDICIAL DISTRICT $§$ GREG ABBOTT, ATTORNEY $§$ GENERAL OF TEXAS, $§$ Defendant. $§$ TRAVIS COUNTY, TEXAS

ORDER SEALING INFORMATION AT ISSUE FOR IN CAMERA INSPECTION

This is an open records lawsuit brought under the Public Information Act (PIA), Tex. Gov't Code ch. 552. This order is entered pursuant to Tex. Gov't Code § 552.3221. On this $28^{th}$ day of $C$ chol $_{s}$ 2014, at $3 : 30$ p.m., Defendant Attorney General filed with the Court for in camera inspection the information at issue, marked as Defendant's Exhibit 1.

IT IS ORDERED that the clerk shall file Defendant's Exhibit C under seal as "Information at Issue"; append a copy of this order to the information; maintain the information at issue in a sealed envelope or in a manner that precludes disclosure; and transmit the information at issue to any court of appeals as part of the clerk's record.

IT IS ORDERED that the information at issue shall not be made available by the clerk or any custodian of records for public inspection.

IT IS FURTHER ORDERED THAT THE INFORMATION AT ISSUE SHALL NOT BE RELEASED OR ACCESSED BY ANY PERSON OTHER THAN THE COURT, A REVIEWING COURT OF APPEALS, OR PARTIES PERMITTED TO INSPECT THE INFORMATION PURSUANT TO A PROTECTIVE ORDER.

Signed this day of 2014.

AGREED:

MATTHEW R. ENTSMINGER

State Bar No. 24059723 Assistant Attorney General Open Records Litigation Administrative Law Division P.O. Box 12548, Capitol Station

Austin, Texas 78711-2548 Telephone: (512) 475-4151 Facsimile: (512) 457-4686 matthew.entsminger@texasattorneygeneral.gov ATTORNEY FOR DEFENDANT GREG ABBOTT, ATTORNEY GENERAL OF TEXAS

Houston, Texas 77001-0368 Telephone: (832) 393-6293 Facsimile: (832) 393-6259 david.red@houstontx.gov ATTORNEY FOR PLAINTIFF CITY OF HOUSTON, TEXAS

*7 EXHIBIT B

Vernon's Texas Statutes and Codes Annotated

Government Code (Refs & Annos) Title 5. Open Government; Ethics (Refs & Annos) Subtitle A. Open Government Chapter 552. Public Information (Refs & Annos) Subchapter H. Civil Enforcement V.T.C.A., Government Code $§ 552.3221$

§ 552.3221. In Camera Inspection of Information Effective: September 1, 2013 Currentness (a) In any suit filed under this chapter, the information at issue may be filed with the court for in camera inspection as is necessary for the adjudication of the case. (b) Upon receipt of the information at issue for in camera inspection, the court shall enter an order that prevents release to or access by any person other than the court, a reviewing court of appeals, or parties permitted to inspect the information pursuant to a protective order. The order shall further note the filing date and time. (c) The information at issue filed with the court for in camera inspection shall be: (1) appended to the order and transmitted by the court to the clerk for filing as "information at issue"; (2) maintained in a sealed envelope or in a manner that precludes disclosure of the information; and (3) transmitted by the clerk to any court of appeal as part of the clerk's record. (d) Information filed with the court under this section does not constitute "court records" within the meaning of Rule 76a, Texas Rules of Civil Procedure, and shall not be made available by the clerk or any custodian of record for public inspection. (e) For purposes of this section, "information at issue" is defined as information held by a governmental body that forms the basis of a suit under this chapter.

Credits

Added by Acts 2013, 83rd Leg., ch. 461 (S.B. 983), § 1, eff. Sept. 1, 2013. V. T. C. A., Government Code § 552.3221, TX GOVT § 552.3221

§552.3221. In Camera Inspection of Information, TX GOVT § 552.3221

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