the City of Houston, Texas v. Ken Paxton, Attorney General of Texas

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.

(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