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In Re: The City of Georgetown

If documents are privileged or confidential under the Texas Rules of Civil Procedure or Texas Rules of Evidence, they are within a "category of information [that] is expressly made confidential under other law" within the meaning of Texas Public Information Act section 552.022.

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The full case caption appears at the end of this opinion.

We are once again called upon to construe the Texas Public Information Act (formerly known as the Texas Open Records Act). The City of Georgetown contends that section 552.022 of the Act does not require it to disclose to the Austin American-Statesman a report prepared by a consulting expert in connection with pending and anticipated litigation. Section 552.022 provides that a governmental body must disclose completed reports or evaluations “unless the category of information is expressly made confidential under other law.” Tex. Gov’t Code � 552.022(b). The Texas Rules of Civil Procedure are “other law,” and consulting-expert reports are within a category of information that is expressly confidential under those rules. Accordingly, the trial court should not have ordered the City to disclose the report, and we conditionally issue a writ of mandamus.

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