Honorable 0. H. "Ike" Harris Opinion No. JM-1235
Chairman
Economic Development Re: Whether application forms
Committee for mixed beverage permits may
Texas State Senate be distributed among certain
P. 0. Box 12068 public officials (RQ-2128)
Austin, Texas 78711
Dear Senator Harris:
You have requested our opinion as to whether applica-
tion forms for mixed beverage permits may be distributed
among certain public officials without thereby making such
forms public under the Open Records Act, article 6252-17a,
V.T.C.S.
Section 3(a)(l) of the Open Records Act excepts from
disclosure @Oinformation deemed confidential by law, either
Constitutional, statutory, or by judicial decision.' Sec-
tion 5.48 of the Alcoholic Beverage Code provides:
(4 'Private records,' as used in this
section, means all records of a permittee,
licensee, or other person other than the
name, proposed location, and type of permit
or license sought in an application for an
original or renewal permit or license, or in
a periodic report relating to the importa-
tion, distribution, or sale of alcoholic
beverages required by the commission to be
regularly filed by a permittee or licensee.
(b) The private records of a permittee,
licensee, or other person that are required
or obtained by the commission or its agents,
in connection with investigation or
otherwise, are privile:zd unless introduced
in evidence in a hearing before the commis-
sion or before a court in this state or the
United States.
See aenerally Open Records Decision No. 544 (1990).
p. 6573
Honorable 0. H. "Ike" Harris - Page 2 (JM-1235)
You explain that each application furnishes "space for
waiver of notice by the county judge, certificates of the
city and county clerks as to compliance with ordinances and
wet/dry status, and [a] certificate of the state comptroller
as to sales tax status." You explain that the applicant
files the form with the Texas Alcoholic Beverage Commission
(TABC) and that the TABC then circulates the application
among the officials who must sign it. YOU inquire as to
whether this practice violates section 5.48(b) of the
Alcoholic Beverage Code, which denominates as llprivileged'*
certain information contained in a permit application.
"Privileged" in the context of this statute has been held to
mean lQzonfidentialll for purposes of the Open Records Act.
Open Records Decision No. 186 (1978).1
It is well established that pursuant to the Open
Records Act, there are persons and entities to which infor-
mation may be transferred without waiving any exception
under the act. A transfer of information from one govern-
mental agency to another does not destroy the protected
character of the information so long as each agency is
authorized to possess that information. Attorney General
Opinions H-917 (1976); H-242 (1974); Open Records Decision
No. 272 (1981). Information may also be transferred from
one individual to another within a governmental body without
losing its confidential status. Open Records Decision No.
468 (1987).
Accordingly, we hold that application forms for mixed
beverage permits may be distributed among particular public
o~fficials without thereby making such forms public under the
Open Records Act and without violating section 5.48 of the
Alcoholic Beverage Code.
SUMMARY
Application forms for mixed beverage
permits may be distributed among particular
public officials, m, a county judge, city
and county clerks, and the state comptroller,
without thereby making such forms public
1. Whether *'privileged" means "confidentialV1 must be
determined from the context. Comoare Open Records Decision
No. 384 (1983) with Open Records Decision No. 290 (1981).
p. 6574
I
Honorable 0. H. "IkeOl Harris - Page 3 (JM-1235)
.
under the Open Records Act, article 6252-17a,
V.T.C.S., and without violating SeCtiOn 5.48
of the Alcoholic Beverage Code.
gJzJf@&
Attorney General of Texas
MARYFELLER
First Assistant Attorney General
LOU MCCREARY
Executive Assistant Attorney General
JUDGE ZOLLIE STEAKLBY
Special Assistant Attorney General
RENEA HICKS
Special Assistant Attorney General
RICK GILPIN
Chairman, Opinion Committee
Prepared by Rick Gilpin
Assistant Attorney General
p. 6575
Untitled Texas Attorney General Opinion
Combined Opinion