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Dan Morales Aitoh'ue) General DAN MORALES AITOH‘UE)GENERAL April 9,1996 Mr. Scott A. Durfee General Counsel Office of the District Attorney Harris County, Texas 201 Farmin, Suite 200 Houston, Texas 77002-1901 OR96-05 13 Dear Mr. Durfee: You ask whether certain information is subject to required public disclosure under the Open Records Act, chapter 552 of the Government Code. Your request was assigned JD# 39483. The District Attorney of Harris County, Texas (the “district attorney”), received a request “to know the status and results of an investigation involving Ms. Roberta Bilsky and absentee mail-ballot voting.” You ask whether the district attorney is a governmental body subject to the Open Records Act. In the alternative, you ask whether the requested information is excepted from required public disclosure based on sections 552.101, 552.103,552.107 and 552.108 OftheGovernment Code. The Texas Supreme Court in Holmes v. Morales. 906 S.W.2d 570 (Tex. App.-Austin, 1994, writ granted), is currently deliberating the questions you raise in this request. It appears that the outcome of the case will determine the resolution of your questions regarding this request. We believe it would be inappropriate for this office to opine on your request at this time. For these reasons, we are closing the file to this request without answering the specific questions you pose. Consequently, we are returning the documents you submitted for our inspection. You may withhold the P.0. BOX 12548 AUSTIN, TEXAS 787 1 I-2548 Mr. Scott A. Durfee - Page 2 requested information pending the Texas Supreme Court’s decision. If you have l questions about this rulin& please contact our office. Yours very,p% Kay &jardo bJ Assistant Attorney General Open Records Division KHG/ch ReE: ID# 39483 Enclosures: Submitted documents cc: Mr. Dwayne Bohac 44 15 Lorinda Houston, Texas 770 18 (w/o enclosures) .
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