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UNT UNT HF.Al.TH ScrHNcF. CF.NTEI\ LINT D.u.1.,1s UNT SYSTEM /\1>MINtSTR.

\TION

October 4, 2017

SENT VIA EMAIL ONLY


Re: Request for Open Records Ruling


UNTHSC Public Information Request No. 002091

Dear -

The University of North Texas Health Science Center is in receipt of your request
for information, dated September 19, 2017, related to UNTHSC accession number 09-
1341.

Pursuant to section 552.301(d) of the Texas Government Code, you are hereby
notified that the University is seeking a ruling from the Office of the Attorney General
Open Records Division concerning whether the information responsive to your request is
subject to public disclosure under the Texas Public Information Act. The Open Records
Division wiU inform you when they have issued their ruling. A copy of our request,
without attachments, is enclosed.

Feel free to call me at (940) 565-4118 if you have any questions regarding this
letter.

RespectfuUy,

lltW H
Alice Hawes
Public Information Coordinator.

Enclosure

cc: Open Records Division

1155 UNION CIRCLE 11310907 DENTON, TEXAS 76203 TEL 940.565.2717 FAX 940.369.7026

\II \11\1.1 U N'rS Y STEM.EDU


UNT UNT HEALTH ScrnNcE CnNTER UNT DALLAS UNT SYSTEM ADMINISTRATION

October 4, 2017

Honorable Ken Paxton


Attorney General of Texas
ATTN: Open Records Division
P.O. Box 12548
Austin, Texas 78711-2548

Re: Request for Open Records Ruling


UNTHSC Public Information Request No. 002091

Dear General Paxton:

On September 20, 2017, the University of North Texas Health Science Center
("Health Science Center" or "UNTHSC") received a request for information related to a
specified DNA report.' See Enclosure 1. The Health Science Center believes the
information responsive to this request is excepted from public disclosure under section
552.101 of the Texas Government Code (the "Code").

The requestor has been provided a copy of this brief in accordance with section
552.301(d) of the Code. See Enclosure 2. Sections of the brief that disclose or contain the
substance of information for which exceptions are asserted will be redacted from the copy
sent to the requestor as authorized by section 552.301(e-1).

Section 552.101 (Compliance Exception)

Section 552.101 of the Government Code excepts from disclosure "information


considered to be confidential by law, either constitutional, statutory, or by judicial
decision." Section 552.101 encompasses information protected by other statutes, such as
Chapter 63, subchapter B of the Texas Code of Criminal Procedure. Section 63.0515 of
this subchapter provides that the University of North Texas Health Science Center at Fort
Worth (the "Center") is a criminal justice agency that performs forensic DNA analyses on
evidence and further provides that the Center "shall comply with 42 U.S.C section
14132."2 This federal statute requires UNTHSC to maintain information pursuant to rules
that permit disclosure of DNA analysis only:

(A) to criminal justice agencies for law enforcement identification purposes;

1 The request was received electronically on September 19th at 8:02 p.m., which is after normal

business hours of 8:00 a.m. to 5:00 p.m. Monday through Friday.


2 42 U.S.C. section 14132 was transferred to 34 U.S.C. section 12592.

1155 UNION CIRCLE #310907 I DENTON, TEXAS 76203 I TEL 940.565.2717 I FAX 940.369.7026

WWW.UNTSYSTEM.EDU
General Paxton
October 4, 2017
Page 2

(B) in judicial proceedings, if otherwise admissible pursuant to applicable


statutes or rules;
(C) for criminal defense purposes, to a defendant, who shall have access to
samples and analyses performed in connection with the case in which such
defendant is charged; or,
(D) if personally identifiable information is removed, for a population statistics
database, for identification research and protocol development purposes, or
for quality control purposes.

In addition, section 63.062 of the Code of Criminal Procedure provides that results
of forensic DNA analysis performed by the Center are confidential except as provided in
section 63.062(b). Section 63.062(b) states: The Center may disclose the results of a
forensic DNA analysis "only to:

(1) personnel of the center;


(2) law enforcement agencies;
(3) justices of the peace, coroners, medical examiners, or other law enforcement
entities submitting a sample to the center under Article 63.056;
(4) attorneys representing the state; and,
(5) a parent or other appropriate person voluntarily providing a DNA sample or
an article under Article 63.057."

The information responsive to this request is a forensic DNA report generated


through the UNT Health Science Center DNA Laboratory. See Enclosure 3.

DNA records include broader information than what is contained in the state DNA
database. See City of Fort Worth v. Abbott, 258 S.W.3d 320, 327 (Tex. App. 2008)
(concluding that by its use of the phrase "information in a DNA record" the legislature in
section 411.153(b) prohibited the release of a broader categmy of information than DNA
records included in the state DNA database). A person commits an offense if the person
knowingly discloses to an unauthorized recipient information in a DNA record or
information related to a DNA analysis. Tex. Crim. Proc. Code Ann. art. 63.063 (West);
Tex. Gov't Code Ann. 411.153 (West).

Information requested in this request is a DNA record because it was generated for
the purpose of, and result from, a forensic DNA analysis. The requestor has not provided
any information that establishes she or he is authorized under federal or state law to
receive the DNA information, which was created as a result of a forensic DNA analysis
conducted by the UNTHSC, and which is required to be withheld under section 552.101
in connection with Texas Criminal Procedures Code Annotated section article 63.062 and
Texas Government Code Annotated section 41i.153.

For the reasons set forth above, the Health Science Center submits that the DNA
report is excepted from public disclosure in accordance with section 411.153.
General Paxton
October 4, 2017
Page 3

The Open Records Division may contact me at lindsey.bartula@untsystem.edu or


(940) 565-2717 regarding this request.

Respectfully,

0<4i2'A
Lindsey Bartula
Assistant General Counsel

Enclosures

cc: Requestor (without enclosures and redacted brief)

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