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RULE §101.10Public Information

(a) Except as provided in subsections (b)-(d) of this section, information included in a report filed under this chapter is public information and is not confidential unless it is determinded to be confidential under this section.

(b) The department may not disclose information under subsection (a) of this section until the department has obtained the advice of the attorney general under this section with respect to the particular information disclosed. If the attorney general determines that the disclosure of particular information would constitute an unconstitutional taking of property, the information is confidential and the department shall exclude that information from disclosure.

(c) Information included in a report filed under this subchapter is confidential if the department determines that there is no reasonable scientific basis for concluding that the availability of the information could reduce risks to public health.

(d) Information included in a report filed under this subchapter is confidential under Government Code, Chapter 552, if the information would be excepted from public disclosure as a trade secret under state or federal law.

(e) Before releasing any information, the department shall:

  (1) submit the information to the attorney general with a request that he/she make the determinations called for under subsections (b) and (d) of this section, and Government Code §552.110;

  (2) submit the information to the attorney general in accordance with procedures set out in the Government Code, Chapter 552, and the attorney general's Open Records Handbook;

  (3) contemporaneous with each submission under this subsection, notify the person who submitted the information, so they may exercise their rights under Government Code §552.305; and

  (4) following an opinion from the attorney general under this subsection which would allow release of any information, the submitter shall be immediately notified, and the department shall delay release for 30 days to allow:

    (A) the department to make the determination called for in subsection (c) of this section; and

    (B) the submitter of the information opportunity to obtain judicial review of the attorney general's opinion.

Source Note: The provisions of this §101.10 adopted to be effective June 4, 1998, 23 TexReg 5687.

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