October 31, 1972 

hon. Wilson E. Speit, Director 

Texas Department of Public Safety 

5805 N. Lamar Blvd., Box 4087 

Austin, Texas 78773 

Opinion No. M-1251 

Re: Whether third parties' 

Dear Sir2 

Tour request for an opinion 

Y%ere are occasions 

requests for the results of 

chemical tests taken of 

alleged offenders charged 

with operating a motor vehicle 

while under the minfluence' 

are authorized to be honored 

by the Public Safety Department or investigating officer? 

of this office states: 

when an officer of the 

Department of Public Safety, in the process 

of investigating an accident, is able, with 

the consent of the individual, to obtain 

from such individual a sample of his blood 

for chemical analysis for the purpose of 

determining its alcoholic content. After 

the blood has been analyzed, the report of 

the analysis is secured and used primarily 

for the purpose of prosecuting for an offense 

relating to operating a~ motor vehicle on the 

highway while under the influence. [sic] 

"Often a third party, such as an insurance 

company or retail credit association, will 

request of either the Department or the 

investigating officer the results of the 

chemical test. We would .like to know if 

either the Department or the officer may, 

or is obligated to furnish these test results 

to such parties." 
Bon. Wilson E. Speir, Page 2, (M-1251) 

you state that the analysis is secured as part of the 

Department's ariminal investigative activities, directed toward 

possible use by the district attorney in prosecution for a 

criminal offense. As such it is part of a criminal investigation 

file, and not open for general public inspection. The common 

law has traditionally held that such files are not public records, 

and may be kept secret, Although there is no Texas case on point, 

there is likewise no Texas statute altering the common law rule, 

except on accident reports. Article 67016, V.C.S. The Florida 

Supreme Court in Lee v. Beach Pub. Co., 173 So. 440, 442 (1937) 

stated the rule as followsr 

"The appellant contends that there are certain 

records in the police department of a city which 

,must be kept secret and free from common inspection 

as a matter of public policy. This is true. The 

rule as stated in 23 R.C.L. 161, is as followsr 

"The right of inspection does not extend 

to all public records or documents, for public 

policy demands that some of them, although of 

a public nature, must be kept secret and free 

from common inspection, such for example as 

diplomatic correspondence and letters and 

despatches [sic] in the detective police 

service or otherwise relating to the apprehension-and prosecution of criminals." 

As more recently stated in Whittle v. Munshower, 155 A.2d 670, 

672 (Md.App. 19601, cert. den. 362 U.S..981: 

'In the absence of statutory requirement, it is 

generally held that police records are confidential. 

See 45 Am.Jur., Records and Recording Laws, 526, 

p. 433.' 

In accord% Moore v. Bd. of Freeholders of Mercer Coun 

A.2d 748 (N. 

Act recognized and preserved the common law rule An its 

statutory scheme, which exempted from regulation @rider the 

act "investigatory files compiled for law enforcement purposes 

except to the extent available by law to a party other thank 

an agency," 5 U.S.C. 8552(b) (7). 

-6122- 
Hon. Wilson E. Speir, Page 3, (M-1251) 

Since Texas has no statute requiring public access to 

the contents of criminal investigatory files, the Department 

is not required to disclose the results of chemical blood tests 

to third persons. On the other hand, since such test results 

are part of such investigatory files, voluntary disclosure 

by the Department or one of its officers should be governed 

by the same considerations and regulations governing voluntary 

disclosure of the contents of any other criminal investigatory 

file. See Attorney General Opinion No. M-1172 (1972). If such 

decisions are reserved for the Director, or the District 

Attorney, such should be the rule here, as well, absent a 

special regulation to the contrary. 

SUMMARY 

The Department of Public Safety is not 

required to disclose to third parties the 

results of chemical tests taken of alleged 

offenders charged with operating a motor 

vehicle while intoxicated. 

Voluntary disclosure of such information 

to third parties should rest on the same 

considerations as disclosure of the contents 

of other criminal investi 

Prepared by Lang A. Baker 

Assistant Attorney General 

APPROVED: 

OPINION COMMITTEE 

Kerns Taylor, Chairman 

W. E. Allen, Co-Chairman 

John Banks 

Ben Harrison 

Bob Lattimore 

Wax Hamilton 

General of Texas