City of Houston v. Ken Paxton, Attorney General of Texas

• Court: Court of Appeals of Texas
• Decided: May 22, 2015
• Docket: 03-15-00279-CV
• Status: Published

Opinion

ACCEPTED 03-15-00279-CV 5397358 THIRD COURT OF APPEALS AUSTIN, TEXAS 5/22/2015 12:45:07 PM JEFFREY D. KYLE

CITY OF HOUSTON Annise D. Parker CLERK

Legal Department Mayor RECEIVED IN Donna L. Edmundson 3rd COURT OF APPEALS City Attorney AUSTIN, TEXAS Legal Department P.O. Box 368 5/22/2015 12:45:07 Houston, TexasPM 77001-0368 City Hall Annex JEFFREY D. KYLE 900 Bagby, 4th Floor Clerk Texas 77002 Houston,

832.393.6491 - Telephone 832.393.6259 - Facsimile www.houstontx.gov May 20, 2015

Via e-Filing Hon. Velva L. Price Travis County District Clerk 1000 Guadalupe Street, Room 301 Austin, Texas 78701

Re: Cause No. D-1-GN-14-001654; The City of Houston v. Ken Paxton, Attorney General of Texas; in the 261st Judicial District Court of Travis County, Texas

Appeal: No. 03-15-00279-CV; The City of Houston v. Ken Paxton, Attorney General of Texas; in the Court of Appeals for the Third District of Texas at Austin

Dear Ms. Price:

Plaintiff/Appellant City of Houston (the City) requests that the documents listed below be included in the Clerk’s Record to be prepared, certified and filed in the above-numbered appeal in the Third Court of Appeals:

Date filed Document

1. 06/02/14 City of Houston’s Original Petition for Declaratory Relief 2. 06/18/14 Defendant’s Original Answer 3. 01/07/15 Agreed Protective Order 4. 03/03/15 City of Houston’s First Amended Original Petition for Declaratory Relief 5. 03/24/15 Defendant’s Cross-Motion for Summary Judgment 6. 03/25/15 City of Houston’s Cross-Motion for Summary Judgment 7. 04/07/15 Defendant Attorney General’s Response to Plaintiff’s Cross-Motion for Summary Judgment

Council Members: Brenda Stardig Jerry Davis Ellen R. Cohen Dwight A. Boykins Dave Martin Richard Nguyen Oliver Pennington Edward Gonzalez Robert Gallegos Mike Laster Larry V. Green Stephen C. Costello David W. Robinson Michael Kubosh C.O. “Brad” Bradford Jack Christie

Controller: Ronald C. Green Hon. Velva L. Price May 20, 2015 Page 2

8. 04/08/15 City of Houston’s Response to Defendant’s Cross-Motion for Summary Judgment 9. 04/15/15 Order Sealing Information at Issue for In Camera Inspection 10. 04/15/15 Final Judgment 11. 05/11/15 Notice of Appeal 12. 05/12/15 Letter from Courtland Crocker 13. Certified Bill of Costs 14. Docket Sheet 15. This letter 16. Pursuant to the Order Sealing Information at Issue for In Camera Inspection signed on April 15, 2015 (attached as Ex. A), and Tex. Gov’t Code § 552.3221(c)(3) (attached as Ex. B), please transmit under seal to the Third Court of Appeals the Information at Issue (this is information which must be protected from public view).

Please let me know the cost of preparing this Clerk’s Record at your earliest convenience so that I can make arrangements for payment.

Thank you for your courtesy and prompt attention to this matter.

Sincerely,

/s/ Mary Beth Stevenson Mary E. (“Mary Beth”) Stevenson Assistant City Attorney 832.393.6269 marybeth.stevenson@houstontx.gov

cc: Via e-service Kimberly L. Fuchs Hon. Velva L. Price May 20, 2015 Page 3

Certificate of Service

I hereby certify that on this 20th day of May, 2015, a true and correct copy of the foregoing has been served on counsel below via e-service.

Kimberly L. Fuchs Assistant Attorney General Open Records Litigation P.O. Box 12548, Capitol Station Austin, Texas 78711-2548 kimberly.fuchs@texasattorneygeneral.gov

Attorney for Defendant

/s/ Mary Beth Stevenson Mary E. (“Mary Beth”) Stevenson EXHIBIT A CAUSE NO. D-l-GN-14-001654

THE CITY OF HOUSTON, TEXAS § IN THE DISTRICT COURT Plaintiff, § § V. § OF TRAVIS COUNTY, TEXAS § GREG ABBOTT, § ATTORNEY GENERAL OF TEXAS, § Defendant. § 261st JUDICIAL DISTRICT

ORDER SEALING INFORMATION AT ISSUE FOR IN CAMERA INSPECTION

This is an open records lawsuit brought under the Public Information Act (PIA), Tex. Gov't

Code ch. 552. This order is entered pursuant to Tex. Gov't Code § 552.3221. On this 15th day of

April, 2015, at f ' 3 Q p.m., Plaintiff, the City of Houston, filed with the Court for in it. camera

inspection the information at issue, marked as Houston's Exhibit A and consisting of * I pages

bearing Bates Numbers McDonald - McDonald . fi/t £>3*42 WCC&f) ~

IT IS ORDERED that the clerk shall file Houston's Exhibit A under seal as "Information at

Issue"; append a copy of this order to the information; maintain the information at issue in a sealed

envelope or in a manner that precludes disclosure; and transmit the information at issue to any court

of appeals as part of the clerk's record.

IT IS ORDERED that the information at issue shall not be made available by the clerk or any

custodian of records for public inspection.

IT IS FURTHER ORDERED THAT THE INFORMATION AT ISSUE SHALL NOT BE

RELEASED OR ACCESSED BY ANY PERSON OTHER THAN THE COURT, A REVIEWING

COURT OF APPEALS, OR PARTIES PERMITTED TO INSPECT THE REFORMATION

PURSUANT TO A PROTECTIVE ORDER. Signed this _, 2015.

AGREED:

• DONNA L. EDMUNDSON KEN PAXTON CITY ATTORNEY Attorney General of Texas JUDITH L. RAMSEY CHARLES E. ROY' CHIEF, GENERAL LITIGATION SECTION First Assistant Attorney General JAxMES E. DAVIS Deputy Attorney General for Civil Litigation DAVID A. TALBOT, JR. Chief, Administrative Law Division

KlMBERLY BV Senior Assistant Ctoy Attorney State Bar No. 24044140 Texas Bar No, 16656900 Assistant Attorney General CITY OF HOUSTON LEGAL DEPARTMENT Chief, Open Records Ligation P.O. Box 368 Administrative Law Division Houston, Texas 77001-0368 Office of The Attorney General of Texas 832.393.6293 P.O. Box 12548, Capitol Station 832.393.6259 Fax Austin, Texas 78711-2548 E-mail: day^dj^ed^/Jhojj^^ 512.475.4195 Attorney for CITY OF HOUSTON 512.457.4677 Fax

Attorney for Defendant Attorney General of Texas EXHIBIT B § 552.3221. In Camera Inspection of Information, TX GOVT § 552.3221

Vernon’s Texas Statutes and Codes Annotated Government Code (Refs & Annos) Title 5. Open Government; Ethics (Refs & Annos) Subtitle A. Open Government Chapter 552. Public Information (Refs & Annos) Subchapter H. Civil Enforcement

V.T.C.A., Government Code § 552.3221

§ 552.3221. In Camera Inspection of Information

Effective: September 1, 2013 Currentness

(a) In any suit filed under this chapter, the information at issue may be filed with the court for in camera inspection as is necessary for the adjudication of the case.

(b) Upon receipt of the information at issue for in camera inspection, the court shall enter an order that prevents release to or access by any person other than the court, a reviewing court of appeals, or parties permitted to inspect the information pursuant to a protective order. The order shall further note the filing date and time.

(c) The information at issue filed with the court for in camera inspection shall be:

(1) appended to the order and transmitted by the court to the clerk for filing as “information at issue”;

(2) maintained in a sealed envelope or in a manner that precludes disclosure of the information; and

(3) transmitted by the clerk to any court of appeal as part of the clerk’s record.

(d) Information filed with the court under this section does not constitute “court records” within the meaning of Rule 76a, Texas Rules of Civil Procedure, and shall not be made available by the clerk or any custodian of record for public inspection.

(e) For purposes of this section, “information at issue” is defined as information held by a governmental body that forms the basis of a suit under this chapter.

Credits

Added by Acts 2013, 83rd Leg., ch. 461 (S.B. 983), § 1, eff. Sept. 1, 2013.

V. T. C. A., Government Code § 552.3221, TX GOVT § 552.3221 Current through the end of the 2013 Third Called Session of the 83rd Legislature End of Document © 2015 Thomson Reuters. No claim to original U.S. Government Works.

© 2015 Thomson Reuters. No claim to original U.S. Government Works. 1 § 552.3221. In Camera Inspection of Information, TX GOVT § 552.3221

© 2015 Thomson Reuters. No claim to original U.S. Government Works. 2