Public Information Act - Texas Tech University

Exceptions to Disclosure
(1) the date of the accident,
(2) the specific address or the highway or street where the accident occurred, or
(3) the name of any person involved in the accident. 510
Information contained in a public court record also is not excepted from disclosure under section
552.108. 511
4. Application of Section 552.108 to Information Relating to Police Officers and Complaints
Against Police Officers
Because of their role in protecting the safety of the general public, law enforcement officers generally
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can expect a lesser degree of personal privacy than other public employees. General information
about a police officer usually is not excepted from required public disclosure by section 552.108. For
example, a police officer’s age, law enforcement background, and previous experience and
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employment usually are not excepted from disclosure by section 552.108.
Similarly, information about complaints against police officers generally may not be withheld under
section 552.108. For example, the names of complainants, the names of the officers who are the
subjects of complaints, an officer’s written response to a complaint, and the final disposition of a
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complaint generally are not excepted from disclosure by section 552.108. The identities of
witnesses, informants, and persons interviewed in the course of a police internal investigation may
be withheld under section 552.108 if the police department can demonstrate how release of the
identities will interfere with the detection, investigation, or prosecution of crime. However, section
552.108 is inapplicable where a complaint against a law enforcement officer does not result in a
criminal investigation or prosecution. 515
Personnel Files of Police Officers Serving in Civil Service Cities
The disclosure of information from the personnel files of police officers serving in cities that have
adopted chapter 143 of the Local Government Code (the fire fighters’ and police officers’ civil service
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law) is restricted by section 143.089 of the Local Government Code. Section 143.089 contemplates
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Transp. Code § 550.065.
See Gov’t Code § 552.022(a)(17); Curry v. Walker, 873 S.W.2d 379 (Tex. 1994).
See Tex. State Employees Union v. Tex. Dep’t of Mental Health & Mental Retardation, 746 S.W.2d 203, 206
(Tex. 1987); Open Records Decision No. 562 at 8–9 n.2 (1990).
City of Fort Worth v. Cornyn, 86 S.W.3d 320, 326–27 (Tex. App.—Austin 2002, no pet.); Open Records
Decision Nos. 562 at 10 (1990), 329 at 1 (1982).
Open Records Decision Nos. 350 at 3 (1982), 342 at 2 (1982), 329 at 2 (1982).
Morales v. Ellen, 840 S.W.2d 519, 525–26 (Tex. App.—El Paso 1992, writ denied) (construing statutory
predecessor).
See City of San Antonio v. San Antonio Express-News, 47 S.W.3d 556 (Tex. App.—San Antonio 2000, pet.
denied); City of San Antonio v. Tex. Attorney Gen., 851 S.W.2d 946, 952 (Tex. App.—Austin 1993, writ
denied); see also Gov’t Code §§ 552.117(a)(2), (3), .1175 (excepting from disclosure home addresses and
home telephone numbers of peace officers and additional information of current and former employees of
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