ACCEPTED 03-15-00093-CV 5004129 THIRD COURT OF APPEALS AUSTIN, TEXAS 4/23/2015 11:57:05 AM JEFFREY D. KYLE CITY OF HOUSTON Annise D. Parker CLERK Legal Department Mayor RECEIVED IN Donna L. Edmundson 3rd COURT OF APPEALS City Attorney AUSTIN, TEXAS Legal Department P.O. Box 368 4/23/2015 11:57:05 Houston, TexasAM 77001-0368 City Hall Annex JEFFREY D. KYLE 900 Bagby, 4th Floor Clerk Texas 77002 Houston, 832.393.6491 - Telephone 832.393.6259 - Facsimile www.houstontx.gov April 23, 2015 Via e-Filing Hon. Velva L. Price Travis County District Clerk 1000 Guadalupe Street, Room 301 Austin, Texas 78701 Re: Cause No. D-1-GV-14-000227; The City of Houston v. Greg Abbott, Attorney General of Texas; in the 250th Judicial District Court of Travis County, Texas Appeal: No. 03-15-00093-CV; The City of Houston v. Ken Paxton, Attorney General of Texas; in the Court of Appeals for the Third District of Texas at Austin Dear Ms. Price: Plaintiff/Appellant City of Houston (the City) requests that the documents listed below be included in a Supplemental Clerk’s Record to be prepared, certified and filed in the above- numbered appeal in the Third Court of Appeals: Date filed Document 1. 06/25/14 Agreed Protective Order 2. 10/29/14 Order Sealing Information at Issue for In Camera Inspection 3. 02/11/15 Letter Designating Clerk’s Record 4. Certified Bill of Costs 5. Docket Sheet 6. This letter 7. Pursuant to the Order Sealing Information at Issue for In Camera Inspection signed on October 28, 2014 (attached as Ex. A), and Tex. Gov’t Code § 552.3221(c)(3) (attached as Ex. B), please transmit under seal to the Third Court of Appeals the Information at Issue (this is information which must be protected from public view). Council Members: Brenda Stardig Jerry Davis Ellen R. Cohen Dwight A. Boykins Dave Martin Richard Nguyen Oliver Pennington Edward Gonzalez Robert Gallegos Mike Laster Larry V. Green Stephen C. Costello David W. Robinson Michael Kubosh C.O. “Brad” Bradford Jack Christie Controller: Ronald C. Green Hon. Velva L. Price April 23, 2015 Page 2 Please let me know the cost of preparing this Supplemental Clerk’s Record at your earliest convenience so that I can make arrangements for payment. Thank you for your courtesy and prompt attention to this matter. Sincerely, /s/ Mary Beth Stevenson Mary E. (“Mary Beth”) Stevenson Assistant City Attorney 832.393.6269 marybeth.stevenson@houstontx.gov cc: Via e-service Matthew R. Entsminger Hon. Velva L. Price April 23, 2015 Page 3 Certificate of Service I hereby certify that on this 23rd day of April, 2015, a true and correct copy of the foregoing has been served on counsel below via e-service. Matthew R. Entsminger Assistant Attorney General Open Records Litigation P.O. Box 12548, Capitol Station Austin, Texas 78711-2548 matthew.entsminger@texasattorneygeneral.gov Attorney for Defendant/Appellee /s/ Mary Beth Stevenson Mary E. (“Mary Beth”) Stevenson EXHIBIT A OCT-31-2014 10:17 From:Citu of Hou-Le9a1 8323936260 To:98323959485 Pa•e:2./3 OCT-31-2014 10:32 345TH DISTRICT COURT P.02/03 Filed in The District Court of Travis County, Texas CICT 2 9 2014 CAUSE NO. D-1-GV-14-000227 At THE CITY OF HOUSTON, TEXAS, § IN THE DISTRICT CotitilithtueziMottfaza, Cie* Plaintiff, v. § 250th JUDICIAL DISTRICT GREG ABBOTT, ATTORNEY GENERAL OF TEXAS, Defendant. § TRAVIS COUNTY, TEXAS ORDER SEALING INFORMATION AT ISSUE FOR IN CAMERA INSPECTION This is an open records lawsuit brought under the Public Information Act (PIA), Tex. Gov't Code ch. 552. This order is entered pursuant to Tex. Gov't Code § 552.3221. tt, On this Z1 day of (TCI-0 r , 2014, at p.m., Defendant Attorney General filed with the Court for in camera inspection the information at issue, marked as Defendant's Exhibit 1. IT IS ORDERED that the clerk shall file Defendant's Exhibit C under seal as "Information at Issue"; append a copy of this order to the information; maintain the information at issue in a sealed envelope or in a manner that precludes disclosure; and transmit the information at issue to any court of appeals as part of the clerk's record. IT IS ORDERED that the information at issue shall not be made available by the clerk or any custodian of records for public inspection. IT IS FURTHER ORDERED THAT THE INFORMATION AT ISSUE SHALL NOT BE RELEASED OR ACCESSED BY ANY PERSON OTHER THAN THE COURT, A REVIEWING COURT OF APPEALS, OR PARTIES PERMITTED TO INSPECT THE INFORMATION PURSUANT TO A PROTECTIVE ORDER. 10/31/2014 10:20AM (GMT-05:00) OCT-31-2014 10:17 From:Citu of Hou-Le9a1 8323936260 To:98323959485 Pa•e:3./3 OCT-31-2014 10:33 345TH DISTRICT COURT P.03/03 Signed this 2? day of r , 2014. AGREED: MATTHEW R. ENTS INGER DAVID L. RED State Bar No. 24059723 State B. r No. 16656900 Assistant Attorney General Senior Assistant City Attorney Open Records Litigation City of Houston's City Attorney's Office Administrative Law Division P.O. Box 368 P.O. Box 12548, Capitol Station Houston, Texas 77001-0368 Austin, Texas 78711-2548 Telephone: (832) 393-6293 Telephone: (512) 475-4151 Facsimile: (832) 393-6259 Facsimile: (512) 457-4686 david.red@houstontx.gov matthew.entsminger@texasattorneygeneral.gov ATTORNEY FOR PLAINTIFF CITY OF ATTORNEY FOR DEFENDANT GREG ABBOTT, HOUSTON, TEXAS ATTORNEY GENERAL OF TEXAS Order Sealing Information at Issue for In Camera Inspection Page 2 of 2 Cause No. D-1-GV-14-000227 10/31/2014 10:20AM (GMT-05:00) EXHIBIT B § 552.3221. In Camera Inspection of Information, TX GOVT § 552.3221 Vernon’s Texas Statutes and Codes Annotated Government Code (Refs & Annos) Title 5. Open Government; Ethics (Refs & Annos) Subtitle A. Open Government Chapter 552. Public Information (Refs & Annos) Subchapter H. Civil Enforcement V.T.C.A., Government Code § 552.3221 § 552.3221. In Camera Inspection of Information Effective: September 1, 2013 Currentness (a) In any suit filed under this chapter, the information at issue may be filed with the court for in camera inspection as is necessary for the adjudication of the case. (b) Upon receipt of the information at issue for in camera inspection, the court shall enter an order that prevents release to or access by any person other than the court, a reviewing court of appeals, or parties permitted to inspect the information pursuant to a protective order. The order shall further note the filing date and time. (c) The information at issue filed with the court for in camera inspection shall be: (1) appended to the order and transmitted by the court to the clerk for filing as “information at issue”; (2) maintained in a sealed envelope or in a manner that precludes disclosure of the information; and (3) transmitted by the clerk to any court of appeal as part of the clerk’s record. (d) Information filed with the court under this section does not constitute “court records” within the meaning of Rule 76a, Texas Rules of Civil Procedure, and shall not be made available by the clerk or any custodian of record for public inspection. (e) For purposes of this section, “information at issue” is defined as information held by a governmental body that forms the basis of a suit under this chapter. Credits Added by Acts 2013, 83rd Leg., ch. 461 (S.B. 983), § 1, eff. Sept. 1, 2013. V. T. C. A., Government Code § 552.3221, TX GOVT § 552.3221 Current through the end of the 2013 Third Called Session of the 83rd Legislature End of Document © 2015 Thomson Reuters. No claim to original U.S. Government Works. © 2015 Thomson Reuters. No claim to original U.S. Government Works. 1 § 552.3221. In Camera Inspection of Information, TX GOVT § 552.3221 © 2015 Thomson Reuters. No claim to original U.S. Government Works. 2