Public Information Act - Texas Tech University

Exceptions to Disclosure
Thus, section 552.123 expressly permits the withholding of any identifying information about
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candidates, not just their names. Before the addition of the statutory predecessor to section
552.123, the names of all persons being considered for public positions were available under the
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Public Information Act. The addition of this section changed the law only in respect to applicants
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for the position of university president. The exception protects the identities of all applicants for
the position of university president, whether they apply on their own initiative or are nominated. 673
Section 552.123 does not protect the names of finalists for the university president position.
Z. Section 552.1235: Confidentiality of Identity of Private Donor to
Institution of Higher Education
Section 552.1235 of the Government Code provides as follows:
(a)
(b)
(c)
The name or other information that would tend to disclose the identity of a person,
other than a governmental body, who makes a gift, grant, or donation of money or
property to an institution of higher education or to another person with the intent that
the money or property be transferred to an institution of higher education is excepted
from the requirements of Section 552.021.
Subsection (a) does not except from required disclosure other information relating to
gifts, grants, and donations described by Subsection (a), including the amount or value
of an individual gift, grant, or donation.
In this section, “institution of higher education” has the meaning assigned by Section
61.003, Education Code.
There are no cases or formal opinions interpreting this exception. However, in an informal letter
ruling, the attorney general interpreted the term “person,” as used in this exception, to include a
“corporation, organization, government or governmental subdivision or agency, business trust, estate,
trust, partnership, association, and any other legal entity.” 674
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Id; see also Open Records Decision No. 540 (1990) (construing statutory predecessor to Gov’t Code §
552.123).
See Hubert v. Harte-Hanks Tex. Newspapers, Inc., 652 S.W.2d 546, 557 (Tex. App.—Austin 1983, writ ref’d
n.r.e.); Open Records Decision No. 439 at 2 (1986).
See Open Records Decision No. 585 (1991) (availability of names of applicants for position of city manager).
See Open Records Decision No. 540 at 5 (1990).
Open Records Letter No. 2003-8748 (2003) (citing to Gov’t Code § 311.005(2)).
2012 Public Information Handbook • Office of the Attorney General
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