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Texas Commission on Environmental Quality v. Abbott

The issue presented is whether separation of powers limits the legislature's authority to obtain confidential and privileged communications between a state agency and its lawyers pursuant to �552.008 of the Texas Public Information Act. Because �552.008 requires disclosure of the documents at issue, the judgment is affirmed. Austin Court of Appeals, No. 03-09-00250-CV, 04-13-2010

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OPINION

In this appeal, the Texas Commission on Environmental Quality seeks reversal of the district court’s judgment requiring the Commission to disclose certain confidential and privileged documents to Texas Senator Elliot Shapleigh. The issue presented is whether separation of powers limits the legislature’s authority to obtain confidential and privileged communications between a state agency and its lawyers pursuant to section 552.008 of the Texas Public Information Act. See Tex. Gov’t Code Ann. § 552.008 (West 2004). Because we conclude that section 552.008 requires disclosure of the documents at issue to Senator Shapleigh, we affirm the judgment.

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