Texas AG cites court opinion to deny info releases by local governments
Texas Attorney General Ken Paxton is citing a Texas Supreme court opinion to advise against release of information—ranging from the number of Uber driver permits issued by the city of Houston to the cost of an Enrique Iglesias appearance sponsored by the city of McAllen.
Now Texas lawmakers are considering a legislative fix that would effectively overturn the decision, the Texas Tribune reports.
Paxton is citing a June 2015 Texas Supreme Court decision (PDF) ordering his office to block the release of lease information involving Boeing and the Port Authority of San Antonio, the Texas Tribune reported in this story. The decision interpreted an exception to the state’s public records law protecting government information “that, if released, would give advantage to a competitor or bidder.” The court found that the exception is for the benefit of private parties as well as the government, and it may be asserted to protect “competitively sensitive information.”
Before the opinion, Texas would withhold public records under the exception only if releasing them would significantly hinder the government’s ability to get a good deal in the marketplace, the Texas Tribune explains. “Private and public entities have since seized on ruling, using it to persuade Paxton’s office to rule in their favor in a host of records disputes,” the Texas Tribune says.
