In an opinion released today. the Sixth Court of Appeals (Texarkana) upheld a trial court decision that found that noncore work product was "confidential" for the purposes of the Public Information Act, and thus could be withheld.
In Ken Paxton v. City of Dallas, Cause No. 06-18-00095-CV, the court found that the limited exception to the nondiscoverability of noncore work product did not make the information not "confidential." Noncore work product is work other than work done by attorneys in anticipation of litigation. The Public Information Act finds that completed reports and investigations are public information unless it is "made confidential under . . . other law."
The City of Dallas had requested 7 Public Information Act opinions from the Attorney General, and the Attorney General had denied the request to keep the information closed. The City of Dallas appealed, and the trial court found that the information was confidential and thus not required to be released.
The opinion can be found at http://www.search.txcourts.gov/SearchMedia.aspx?MediaVersionID=50212950-b7ab-4de7-ae98-81732de99fec&MediaID=d474865d-6543-4141-91c3-0f4154a10c70&coa=%22%20+%20this.CurrentWebState.CurrentCourt%20+%20@%22&DT=Opinion