Honorable 0.H. "Ike" Harris Opinion No. JM-1235

Chairman Economic Development Re: Whether application forms Committee formixed 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 astowhether application forms formixed 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.' Section 5.48

## oftheAlcoholic Beverage Code provides:



### (4 'Private records,' asused in this section, means all records ofa permittee, licensee, or other person other than the name, proposed location, and type of permit or license sought inan application for an original orrenewal permit or license, or in aperiodic report relating tothe importation, distribution, or sale of alcoholic beverages required bythe commission tobe regularly filed by apermittee or licensee. (b) The private records ofa permittee, licensee, orother person that are required orobtained by the commission or its agents, in connection with investigation or otherwise, are privile:zd unless introduced inevidence ina hearing before the commission orbefore acourt inthis state or the United States.
See aenerally Open Records Decision No. 544 (1990).

p. 6573Honorable 0.H. "Ike" Harris -Page 2 (JM-1235)

You explain that each application furnishes "space for waiver ofnotice by the county judge, certificates of the city and county clerks asto compliance with ordinances and wet/dry status, and [a]certificate of the state comptroller asto sales tax status." You explain that the applicant files the formwith 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" inthe context ofthis statute has been held to mean lQzonfidentialll for purposes ofthe 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 towhich information may be transferred without waiving any exception under the act. Atransfer of information from one governmental agency toanother does not destroy the protected character of the information so long aseach 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 toanother within agovernmental body without losing its confidential status. **Open** Records Decision No. **468** (1987). Accordingly, wehold that application forms for mixed beverage permits 

### maybedistributed 

### amongparticular public o~fficialswithout thereby making such forms public under the Open Records Act andwithout violating section 5.48 of the Alcoholic Beverage Code.
SUMMARY Application forms for mixed beverage permits may be distributed among particular public officials, m, acounty 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. 6574I Honorable 0. **H.** "IkeOlHarris -Page 3 (JM-1235)

.

under the Open Records Act, article 6252-17a, V.T.C.S., andwithout violating SeCtiOn 5.48 of theAlcoholic Beverage Code.

gJzJf@& Attorney General ofTexas
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 byRick Gilpin Assistant Attorney General

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