Texas Freedom of Information Act. Request: Texas Freedom of Information Act. Request: Pepsi and Coke (Tarleton State University)

Dear Kayla Henson:

We received your public information request for Tarleton State University.  Your request was given the reference number H000184-012323 for tracking purposes.  Please refer to this number when making inquiries about your request.

You can monitor the progress of your request at the link below and you'll receive an email when your request has been completed.

Thank you for your interest in Tarleton State University.

To monitor the progress or update this request please log into the Public Records Center. (https://u8387795.ct.sendgrid.net/ls/click?upn=nZGH0ylxadMp5hTpNkeAFtrg47L2ofMUYs8OodamNpS1EdZjb9-2FzP2oXYxRh8lNZeofpT-2BB6IrkfKCl9cQBTDoI1RuYMh6O98j8AILn1lciafoCPAwDi1u2VSX2zWkfaEJIl_PZxe2duny-2FBW4G9-2B8rp64h9x1FLyDlfzHm4zS4WvD3myfSzU9RYKpdLncGien-2BAJT9kOTKF4WOWdWNn00IALwbOAc2oNT-2FO03tSrN7iBcdtNtY9JR8VbQYIu0np7OVrF3bMKq0uJQ-2B1C7PxutcNZdpSmf38FBdeNAvwJF-2FeqrkZ0TFmQJrnlJ0XdnPZ8-2Bk24uVmxZIjKcXJzNkvm5vOakzTmQSaQKCJqDIuNpMy-2FjGzudGFvkq2K2mbuf8zm3U6TKFW9HJQotGv4tOzTiXFYKUdY7GBc0ScqAHNi0FJrf7Us5KW0QjqH4KR-2FMUyb-2FdCwT17DRgb7ZZpA7vuOpUBr-2FoxNTXQuH06t6UNFAXB3H7w8cqJOfduiPX1BiAx-2F0bFL)

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01/23/2023 Open Records No. H000184-012323,
REQUEST FOR CLARIFICATION/NARROWING: REDACTION RESPONSES REQUESTED There are now two statements regarding mandatory exceptions and discretionary exceptions you need to select for your open records request. These questions are derived from a form developed by the Office of the Attorney General, dated 10/01/19. Please type your response, “yes” or “no,” in regards to each of these two exception questions for your open records request. Answering “yes” will allow the university to expedite your request by avoiding the necessity of seeking a decision from the Office of the Attorney General. Statement #1: Do you agree to the redaction of information that is subject to mandatory exceptions, provided such redactions are clearly labeled on information you receive? (Please type your response: Yes or No) Statement #2: Do you agree to the redaction of information that is subject to discretionary exceptions, provided such redactions are clearly labeled on information you receive? (Please type your response: Yes or No) Note: This is a request for clarification/narrowing of your request. Section 552.222 of the Texas Government Code provides that a request for information is considered withdrawn if the requestor does not respond in writing to a governmental body's written request for clarification or additional information within 61 days. Sincerely, Kent Styron Public Information Officer
Tarleton State University – Open Records
To monitor the progress or update this request please log into the Public Records Center. (https://u8387795.ct.sendgrid.net/ls/click?upn=nZGH0ylxadMp5hTpNkeAFtrg47L2ofMUYs8OodamNpS1EdZjb9-2FzP2oXYxRh8lNZeofpT-2BB6IrkfKCl9cQBTDoI1RuYMh6O98j8AILn1lciafoCPAwDi1u2VSX2zWkfaaRDP_PZxe2duny-2FBW4G9-2B8rp64h9x1FLyDlfzHm4zS4WvD3myfSzU9RYKpdLncGien-2BAJT9kOTKF4WOWdWNn00IALwZrPBoRi1tFLyKlRN6qGf3LCpCbHUkuTvMnq7lbB4yTVGAh7xPVRhAy4WYayx90f5IcIRI9uGL6gmNXDAoDtTdIR9qpcOidS3-2BNkqJWnCGlVYLMzutwKmbWm7Xnx8096YbuqNN-2FRDww9ZcpVXVDlgC9SFGYoJpH737aEU8qcZ3XEbudR0PVbg6CJOoJH5Ye6Uh-2B9WZ74gL0WT5DiTXg1Tb055KCVeWUjo7iJ00Ks7y8t0IoHk6iAGDDYN-2BUG-2FG7z0Ls42nGM-2FfdyuXiFMt3qaKwdw2mG97LPE42yReJ6yj9yuBAn2A30ZGCHVN6YS4NN6w-3D-3D)

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01/30/2023
Kayla Henson (Open Records No. H000184-012323),

We have received your public information request for H000184-012323, dated 01/23/2023. The information you requested has some components redacted because disclosure would provide competitors an advantage per Tex. Govt. Code §552.104(a) and the documents consist of “commercial information” and “financial information” which, if disclosed, would cause substantial competitive harm per §552.110(b). The relevant exceptions from the Attorney General’s Public Information Handbook and the Texas Public information Act are stated below: Tex. Govt. Code §552.104: Information Relating to Competition or Bidding:  Section 552.104 of the Government Code provides as follows: (a) Information is excepted from the requirements of Section 552.021 if it is information that, if released, would give advantage to a competitor or bidder (b) The requirement of Section 552.022 that a category of information listed under Section 552.022(a) is public information and not excepted from required disclosure under this chapter unless expressly confidential under law does not apply to information that is excepted from required disclosure under this section. Section 552.104(a) of the Government Code excepts from disclosure information that, if released, would give advantage to a competitor or bidder. The Texas Supreme Court considered section 552.104 and held the “test under section 552.104 is whether knowing another bidder’s [or competitor’s information] would be an advantage, not whether it would be a decisive advantage.”408 The supreme court further held section 552.104 protection is not limited to governmental bodies, and therefore a private third party may also invoke this exception.409 The supreme court’s decision overrules a long line of attorney general decisions limiting the application of section 552.104 to governmental bodies and discussing the burden a governmental body must meet in order to withhold information under section 552.104. Both governmental bodies and third parties should therefore exercise caution in relying on prior attorney general decisions regarding the applicability of section 552.104. Section 552.104(b) provides that information excepted from disclosure under this section may be withheld even if it falls within one of the categories of information listed in Section 552.022(a). Tex. Govt. Code § 552.110(b): Exception; Confidentiality of Trade Secrets; Confidentiality of Certain Commercial and Financial Information Section 552.110 states: (b)Commercial or financial information for which it is demonstrated based on specific factual evidence that disclosure would cause substantial competitive harm to the person from whom the information was obtained is excepted from the requirements of Section 552.021. Section 552.110 now expressly includes the standard for excepting from disclosure commercial and financial information.577 An interested person must demonstrate “based on specific factual evidence that disclosure would cause substantial competitive harm to the person from whom the information was obtained.” This standard resembles part of the test for applying the correlative exemption in the federal Freedom of Information Act, 5 U.S.C. § 552(b)(4), as set out in Nat’l Parks & Conservation Ass’n v. Morton. 578 That part of the National Parks test states that commercial or financial information is confidential if disclosure of the information is likely to cause substantial harm to the competitive position of the person from whom the information was obtained.579 The current commercial and financial information branch of section 552.110 does not incorporate the part of the National Parks test for information that is likely to impair the government’s ability to obtain necessary information in the future. Like the federal standard, section 552.110(b) requires the business enterprise whose information is at issue to make a specific factual or evidentiary showing, not conclusory or generalized allegations, that substantial competitive injury would likely result from disclosure.580 The hyperlink for the portal is: https://www.tarleton.edu/compliance/open-records/ From the link above, click on “the Open Records Portal” and then select “My Request Center” to access this open records request using the assigned reference number above . This documentation may also be made available upon request by inspection or duplication or by receipt through United States Mail, as provided by section 552.221(b) of the Gov’t Code.  Please let us know if you have any issues accessing the requested documentation in the portal or if you would like to review the documentation in another format as per section 552.221(b) of the Gov’t Code by contacting openrecords@tarleton.edu (mailto:openrecords@tarleton.edu) .

Sincerely,

Kent Styron Public Information Officer
Tarleton State University – Open Records