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 application 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.' Section 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 importation, 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 commission 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 information may be transferred without waiving any exception 

under the act. A transfer of information from one governmental 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