Case Information
*1 Honorable 0. H. "Ike" Harris Opinion No. JM-1235 Chairman
Economic Development Re: Whether application forms
Committee for mixed beverage permits may be distributed among certain Texas State Senate P. 0. Box 12068 public officials (RQ-2128) Austin, Texas 78711
Dear Senator Harris:
You have requested our opinion as to whether applica- tion forms for mixed beverage permits may be distributed among certain public officials without thereby making such forms public under the Open Records Act, article 6252-17a, V.T.C.S.
Section 3(a)(l) of the Open Records Act excepts disclosure @Oinformation deemed confidential by law, either Sec- Constitutional, statutory, or by judicial decision.' tion 5.48 of the Alcoholic Beverage Code provides: 'Private records,' as used in this (4 section, means all records of a permittee, licensee, or other person other than the name, proposed location, and type of permit or license sought in an application for an original or renewal permit or license, or in a periodic report relating to the importa- tion, distribution, or sale of alcoholic beverages required by the commission to be regularly filed by a permittee or licensee. (b) The private records of a permittee, licensee, or other person that are required or obtained by the commission or its agents, in connection with investigation or otherwise, are privile:zd unless introduced in evidence in a hearing before the commis- sion or before a court in this state or the United States.
See aenerally Open Records Decision No. 544 (1990).
Honorable 0. H. "Ike" Harris - Page 2 (JM-1235)
You explain that each application furnishes "space for waiver of notice by the county judge, certificates of the city and county clerks as to compliance with ordinances and wet/dry status, and [a] certificate of the state comptroller as to sales tax status." You explain that the applicant files the form with the Texas Alcoholic Beverage Commission (TABC) and that the TABC then circulates the application who must sign it. YOU inquire as to among the officials whether this practice violates section 5.48(b) of the Alcoholic Beverage Code, which denominates as llprivileged'* in a permit application. certain information contained "Privileged" in the context of this statute has been held to mean lQzonfidentialll for purposes of the Open Records Act. Open Records Decision No. 186 (1978).1
It is well established that pursuant to the Open Records Act, there are persons and entities to which infor- mation may be transferred without waiving any exception under the act. A transfer of information from one govern- mental agency to another does not destroy the protected character of the information so long as each agency is authorized to possess that information. Attorney General Decision Opinions H-917 (1976); H-242 (1974); Open Records No. 272 (1981). Information may also be transferred one individual to another within a governmental body without losing its confidential status. Open Records Decision No. 468 (1987).
Accordingly, we hold that application forms for mixed beverage permits may be distributed among particular public o~fficials without thereby making such forms public under the Open Records Act and without violating section 5.48 of the Alcoholic Beverage Code.
SUMMARY Application forms for mixed beverage permits may be distributed among particular public officials, m, a county judge, city and county clerks, and the state comptroller, without thereby making such forms public 1. Whether *'privileged" means "confidentialV1 must be determined from the context. Comoare Open Records Decision No. 384 (1983) with Open Records Decision No. 290 (1981).
I Honorable 0. H. "IkeOl Harris - Page 3 (JM-1235) .
under the Open Records Act, article 6252-17a, V.T.C.S., and without violating SeCtiOn 5.48 of the Alcoholic Beverage Code.
gJzJf@& Attorney General of Texas MARYFELLER
First Assistant Attorney General
LOU MCCREARY
Executive Assistant Attorney General
JUDGE ZOLLIE STEAKLBY
Special Assistant Attorney General
RENEA HICKS
Special Assistant Attorney General
RICK GILPIN
Chairman, Opinion Committee
Prepared by Rick Gilpin
Assistant Attorney General