The Attorney General of Texas
JIM MATTOX December 28, 1984
: ttornsy General
9~1pr.m.CourtSuildin9 Mr. Bill Rale Opinion No. JM-275
: o.eox12545 gxccutive Director
,stin. TX. 78711-2546 Texas Commission on Buman Rights Re: Whether the confidentiality
512l475.2501 P. 0. Box 13493. Capitol Station provisions of article 5221k,
Tax 91aS?C13S?
Austin, Texas 78711 V.T.C.S., apply to local human
Iscopiar 51214750296
relations commissions
714 Jackson. Suite 700 Dear Mr. Ralc:
~llas. TX. 75202.45W
, u74M944
Article 5221k. ‘I..T.C.S.. authorizes referral actions between the
Texas Cmission on Human Rights and local human rights commissions
24 Alberta Ave., Suite 150 with regard to certain employment discrimination complaints. See
Paso. TX. ?9905.2?93 64.01 et seq. In light of this unique state-local working relati=
915/533-3464 ship, you ask whether the act’s confidentiality provision applies to
complaints referred by the state commission to local commissions.
~.. Tems, sulie 700
Houston. TX. ??002-3111 The confidentiality provision of article 5221k protects certain
~‘Y223a.56 complaint-related information which the Texas Open Records Act,
V.T.C.S. art. 6252-17a. might otherwise require be disclosed. This
provision, section 8.02(a). provides that
606 Broadway. Suite 312
’‘IbbCCk, TX. 79401-3479
6’747.5235 [aln officw: or employee of the commission may not
make publi,: any information obtained by the
commission under its authority under Section 6.01
009 N. Tenth, Suits 8
cAllen. TX. 70501.1555
of this Act except as necessary to the conduct of
a552.4547 a proceedi:iS under this Act.
The Open Records Act recognizes statutory confidentiality
m MaIn Ptua. Suite 400 provisions such as ,rection 8.02(a) as exceptions to required public
.” Antonlo. TX. 782052797
5121225.4191
disclosure. V.T.C.!;., art. 6252-17a, 13(a) (1). Consequently, when
information which frdls within section 8.02(a) is held by the state
cosssisslon. it may r.ct be disclosed. Section 8.02(a) prohibits “[aIn
n Equal Opportunilyl officer or employee of the commission” from disclosing certain
Alflrmative Acllon Employer information. “Coami:ssion” in article 5221k refers to the Texas
Cmisslon on Aumaa Rights. See 12.01(2) ; compare 12.01(9). The
provision does not apply directlyto local commissions. Nevertheless,
you ask whether thls information retains its confidential character
when it is transi’erred from the state conrmission to a local
commission.
p. 1222
Mr. gill gale - Page 2 (J&275)
A preliminary clarification of the kind of local action in
question is necessary. Arti,cle 5221k providea for two distinct
methods that political subdivi~~!lons may employ to promote freedom from
employment discrimination. Al:l:orttey General Opinion JM-228 (1984).
Section 4.01 of the act authorizes the adoption and enforcement of
local ordinances that prohibit practices designated as unlawful under
article 5221k or under other laws. This type of local action does not
involve a system of referralli from the state commission. Any pro-
tection from disclosure of Information related to employment dis-
crimination complaints which are made solely pursuant to local
ordinances must stem from the exceptions found within the Texas Open
Records Act. See V.T.C.S. art. 6252-17a, 13; see
(including common-law and constitutional -a’ ::I:; I:;
(informatlon relating to litig,rrion).
The second type of local. action provided for in article 5221k
involves referrals from the state comlssion. See 5$4.03(5), 4,04(a).
These actions are guided by article 522lkyather. than by the
provisions of a local ordinance. See a-228 (1984). You suggest that
section 8.02(a) protects inf.omxon transferred from the state
commission to local commissions in these referral actions.
We agree with your sugglrstion that, because of the authorized
state-local interaction, the state-level protection of section 8.02 is
not lost when protected infcrmatlon is transferred from the state
codsalon to a local commission pursuant to sections 4.03 and 4.04 of
article 5221k. This conclusion results from the express authorization
for such referrals and from the continuing supervision the state
commission exercises over the referred complaints. See 54.04(b).
Numerous attorney general opinions indicate that -&f idential
information may be transferred from one state agency to another state
agency without destroying the confidential character of the
information. See, e.g., Attorney General Opinions H-917 (1976); H-242
(1974). Similarly, confident:ial information may be disclosabI,e to
county and municipal governments vhen they act as quasi-agencies of
the state. Attorney General Cpinion H-636 (1976).
Nevertheless, the protection of article 5221k from public
disclosure extends only to the! Information covered by section 8.02(a).
Section 8.02(a) grants confiden.tial status , except as necessary to the
conduct of a proceeding under article 5221k. to “any information
obtained by the cosm&rsion under its authority under Section 6.01 of
this Act. . . .‘I The confidentiality of other information would
depend upon specific provisionc; of the Open Records Act. Section 6.01
deals with state commission actions to encourage voluntary resolution
of complaints. Persons who have initiated actions in court or who
have actions pending before an administrative agency may not file a
complaint with respect to the same grievance under section 6.01.
p. 1223
Hr. Bill gals - Pags 3 (JH-27!i)
Consequently, the ecope of the confidentiality protection of section
8.02(a) is limited.
Information regarding employment discrimination
compl~~;;l;hich is protected by section 8.02(a)
of 5221k retains it8 confidential
character when it is transferred from the Texas
C&ssion on Euman Rights to a local humsn rights
conmission pursuant to section 4.04 of article
5221k.
JIqJdck
Attorney General of Texas
TOM GRBRN
First Assistant Attorney Generr:l
DAVID R. RICRARDS
Executive Assistant Attorney General
RIClt GILPIN
Chairman, Opinion Cmittee
Prepared by Jennifer Riggs
Assistant Attorney General
APPROVED:
OPINIONCOWnITTEE
Rick Gilpin, Chairman
Colin Carl
Susan Garrison
Tony Guillory
Jim Moellinger
Jennifer Riggs
Nancy Sutton
p. 1224