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Texas Dep't of Public Safety v. Abbott

The Texas Department of Public Safety and the Texas Observer appeal from the trial court's summary judgment declaring that DVDs containing video recorded by security cameras in a Texas Capitol hallway were not confidential or excepted from public disclosure under the Texas Public Information Act and must be disclosed as requested. Because the DVDs contain information that relates to the specifications of the security system at the capitol, the DVDs at issue are not subject to disclosure under the Act. The court reversed that part of the district court's judgment requiring disclosure of the DVDs, and rendered judgment that DPS is authorized to withhold the DVDs as confidential under government code �418.182(a). Austin Court of Appeals, No. 03-07-00221-CV, 05-03-2010

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OPINION

The Texas Department of Public Safety (“DPS”) and the Texas Observer (the “Observer”) appeal from the trial court’s summary judgment declaring, consistent with the opinion of Texas Attorney General Greg Abbott, that DVDs*fn1 containing video recorded by security cameras in a Texas Capitol hallway were not confidential or excepted from public disclosure under the Texas Public Information Act (the “Act”) and must be disclosed as requested. DPS contends that the DVDs are confidential because the information on them relates to the specifications, operating procedures, or location of a security system used to protect public property from terrorism. See Tex. Gov’t Code Ann. § 418.182(a) (West 2005). DPS also asserts that the information is excepted from disclosure because it is an internal law enforcement record, the disclosure of which would interfere with law enforcement. Id. § 552.108 (West Supp. 2009). The Observer also appeals, contending that the trial court erred by denying the Observer’s request to amend its pleadings to include a claim for attorneys’ fees. We conclude that, because the DVDs contain information that relates to the specifications of the security system at the capitol, the DVDs at issue are not subject to disclosure under the Act. As a result of this conclusion, we need not address the merits of the denial of the Observer’s motion to file an amended petition because the Observer would not be entitled to attorneys’ fees even if allowed to file its amended petition. We reverse that part of the district court’s judgment requiring disclosure of the DVDs, and render judgment that DPS is authorized to withhold the DVDs as confidential under government code section 418.182(a).

Factual and Procedural Background

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