Texas Attorney General Opinion OR2026-023296
June 4, 2026
Ruling Summary #
The Texas Attorney General’s Open Records Division issued a decision regarding Colorado County’s handling of a Public Information Act (TPIA) request for specified communications. The county, represented by counsel J. Eric Magee of Allison, Bass & Magee, L.L.P., claimed exemptions under Gov’t Code §552.103 and §552.107.
Key Finding: Procedural Failure #
Colorado County failed to comply with mandatory procedures under §552.301.
- Request received: March 10, 2026
- Deadline to request AG ruling: March 24, 2026 (10 business days)
- Problem: The initial request for a ruling from the Attorney General’s office had no postmark and the county provided no proof of mailing date
This procedural failure triggered §552.302: the legal presumption that requested information is public and must be released unless there is a compelling reason to withhold it.
Attorney-Client Privilege Applied — Partially #
The county successfully demonstrated that some communications are protected by attorney-client privilege (§552.107(1)) because:
- Communications involved attorneys for the county and their representatives
- Communications involved county employees acting as clients
- Communications were made in furtherance of professional legal services
- Communications were intended to be, and have remained, confidential
Result: The county may withhold information meeting these privilege standards.
Remaining Information Must Be Released #
The AG ruled: “The remaining information must be released.”
The county failed to establish a “compelling reason” for withholding any other claimed exception (§552.103).
Full Ruling #
View the complete ruling: OR2026-023296
Significance #
This ruling underscores that governmental bodies cannot simply claim exemptions—they must follow precise procedural requirements and substantiate privilege claims with specific facts about each communication. Procedural failures result in a strong presumption of public disclosure.
References:
- Texas Gov’t Code §552.301 (procedures for requesting AG ruling)
- Texas Gov’t Code §552.302 (presumption of openness upon procedural failure)
- Texas Gov’t Code §552.107(1) (attorney-client privilege)
- Simmons v. Kuzmich, 166 S.W.3d 342 (Tex. App.—Fort Worth 2005, no pet.)
- Hancock v. State Bd. of Ins., 797 S.W.2d 379 (Tex. App.—Austin 1990, no writ.)