JIM MATTOX 

: ttornsy General 

9~1pr.m. Court Suildin9 

: o.eox12545 

,stin. TX. 78711-2546 

512l475.2501 

Tax 91aS?C13S? 

Iscopiar 51214750296 

714 Jackson. Suite 700 

~llas. TX. 75202.45W 

, u74M944 

24 Alberta Ave., Suite 150 

Paso. TX. ?9905.2?93 

915/533-3464 

~.. Tems, sulie 700 

Houston. TX. ??002-3111 

~‘Y223a.56 

606 Broadway. Suite 312 

’ ‘IbbCCk, TX. 79401-3479 

6’747.5235 

009 N. Tenth, Suits 8 

cAllen. TX. 70501.1555 

a552.4547 

m MaIn Ptua. Suite 400 

.” Antonlo. TX. 782052797 

5121225.4191 

n Equal Opportunilyl 

Alflrmative Acllon Employer 

The Attorney General of Texas 

December 28, 1984 

Mr. Bill Rale 

gxccutive Director 

Texas Commission on Buman Rights 

P. 0. Box 13493. Capitol Station 

Austin, Texas 78711 

Opinion No. JM-275 

Re: Whether the confidentiality 

provisions of article 5221k, 

V.T.C.S., apply to local human 

relations commissions 

Dear Mr. Ralc: 

Article 5221k. ‘I..T.C.S.. authorizes referral actions between the 

Texas Cmission on Human Rights and local human rights commissions 

with regard to certain employment discrimination complaints. See 

64.01 et seq. In light of this unique state-local working relati= 

ship, you ask whether the act’s confidentiality provision applies to 

complaints referred by the state commission to local commissions. 

The confidentiality provision of article 5221k protects certain 

complaint-related information which the Texas Open Records Act, 

V.T.C.S. art. 6252-17a. might otherwise require be disclosed. This 

provision, section 8.02(a). provides that 

[aln officw: or employee of the commission may not 

make publi,: any information obtained by the 

commission under its authority under Section 6.01 

of this Act except as necessary to the conduct of 

a proceedi:iS under this Act. 

The Open Records Act recognizes statutory confidentiality 

provisions such as ,rection 8.02(a) as exceptions to required public 

disclosure. V.T.C.!;., art. 6252-17a, 13(a) (1). Consequently, when 

information which frdls within section 8.02(a) is held by the state 

cosssisslon. it may r.ct be disclosed. Section 8.02(a) prohibits “[aIn 

officer or employee of the commission” from disclosing certain 

information. “Coami:ssion” in article 5221k refers to the Texas 

Cmisslon on Aumaa Rights. See 12.01(2) ; compare 12.01(9). The 

provision does not apply directlyto local commissions. Nevertheless, 

you ask whether thls information retains its confidential character 

when it is transi’erred from the state conrmission to a local 

commission. 

p. 1222 
Mr. gill gale - Page 2 (J&275) 

A preliminary clarification of the kind of local action in 

question is necessary. Arti,cle 5221k providea for two distinct 

methods that political subdivi~~!lons may employ to promote freedom from 

employment discrimination. Al:l:orttey General Opinion JM-228 (1984). 

Section 4.01 of the act authorizes the adoption and enforcement of 

local ordinances that prohibit practices designated as unlawful under 

article 5221k or under other laws. This type of local action does not 

involve a system of referralli from the state commission. Any protection from disclosure of Information related to employment discrimination complaints which are made solely pursuant to local 

ordinances must stem from the exceptions found within the Texas Open 

Records Act. See V.T.C.S. art. 

common-law 

6252-17a, 13; see 

(including and constitutional -a’ ::I:; I:; 

(informatlon relating to litig,rrion). 

The second type of local. action provided for in article 5221k 

involves referrals from the state comlssion. See 5$4.03(5), 4,04(a). 

These actions are guided by article 522lkyather. than by the 

provisions of a local ordinance. See a-228 (1984). You suggest that 

section 8.02(a) protects inf.omxon transferred from the state 

commission to local commissions in these referral actions. 

We agree with your sugglrstion that, because of the authorized 

state-local interaction, the state-level protection of section 8.02 is 

not lost when protected infcrmatlon is transferred from the state 

codsalon to a local commission pursuant to sections 4.03 and 4.04 of 

article 5221k. This conclusion results from the express authorization 

for such referrals and from the continuing supervision the state 

commission exercises over the referred complaints. See 54.04(b). 

Numerous attorney general opinions indicate that -&f idential 

information may be transferred from one state agency to another state 

agency without destroying the confidential character of the 

information. See, e.g., Attorney General Opinions H-917 (1976); H-242 

(1974). Similarly, confident:ial information may be disclosabI,e to 

county and municipal governments vhen they act as quasi-agencies of 

the state. Attorney General Cpinion H-636 (1976). 

Nevertheless, the protection of article 5221k from public 

disclosure extends only to the! Information covered by section 8.02(a). 

Section 8.02(a) grants confiden.tial status , except as necessary to the 

conduct of a proceeding under article 5221k. to “any information 

obtained by the cosm&rsion under its authority under Section 6.01 of 

this Act. . . .‘I The confidentiality of other information would 

depend upon specific provisionc; of the Open Records Act. Section 6.01 

deals with state commission actions to encourage voluntary resolution 

of complaints. Persons who have initiated actions in court or who 

have actions pending before an administrative agency may not file a 

complaint with respect to the same grievance under section 6.01. 

p. 1223 
Hr. Bill gals - Pags 3 (JH-27!i) 

Consequently, the ecope of the confidentiality protection of section 

8.02(a) is limited. 

Information regarding employment discrimination 

compl~~;;l;hich is protected by section 8.02(a) 

of 5221k retains it8 confidential 

character when it is transferred from the Texas 

C&ssion on Euman Rights to a local humsn rights 

conmission pursuant to section 4.04 of article 

5221k. 

JIqJdck 

Attorney General of Texas 

TOM GRBRN 

First Assistant Attorney Generr:l 

DAVID R. RICRARDS 

Executive Assistant Attorney General 

RIClt GILPIN 

Chairman, Opinion Cmittee 

Prepared by Jennifer Riggs 

Assistant Attorney General 

APPROVED: 

OPINION COWnITTEE 

Rick Gilpin, Chairman 

Colin Carl 

Susan Garrison 

Tony Guillory 

Jim Moellinger 

Jennifer Riggs 

Nancy Sutton 

p. 1224