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TEXAS DEPARTMENT OF PUBLIC SAFETY 5805 N LAMAR BLVD BOX 4087 AUSTIN, TEXAS 78773-0001 512/424-2000 www.dps.texas.gov STEVEN C. McCRAW COMMISSION DIRECTOR A. CYNTHIA LEON, CHAIR DAVID G. BAKER MANNY FLORES ROBERT J. BODISCH, SR. FAITH JOHNSON DEPUTY DIRECTORS STEVEN P. MACH RANDY WATSON EQUAL OPPORTUNITY EMPLOYER COURTESY SERVICE PROTECTION January 26, 2016 Via Email Christina Garza The Brownsville Herald [email protected] RE: Public Information Request for the arrest warrants issused for Tony Yzaguirre Jr, Pedro Garza,Jose Mireles, and Omar Sanchez Paz. The four men were arrested on 01/06/2016 in Cameron County Texas (PIR # 16-0127) Ms. Garza: The Department received your above-referenced request on January 7, 2016. Please find enclosed the information the Department located in response to your request. These records are provided to you at no cost. The information you requested contains information that relates to: a motor vehicle operator’s or driver’s license or permit issued by an agency of this state or another state or country; or a motor vehicle title or registration issued by an agency of this state or another state or country; or a personal identification document issued by an agency of this state or another state or country or a local agency authorized to issue an identification document. This information is confidential under section 552.130 of the Texas Government Code. Our office is prohibited by law from releasing this information to you, and therefore we have removed this information from the enclosed information we are providing to you. Normally, we must request a ruling from the Texas Attorney General before we can withhold any of the information you requested. However, section 552.130 allows us to withhold this specific information without requesting a ruling from the attorney general. You have the right to appeal our decision to withhold this information from you. Instructions for appeal are at the end of this letter. If you do not want to appeal, you do not need to do anything else. Please note that we are only withholding the specific categories of information that are

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Page 1: TEXAS DEPARTMENT OF PUBLIC SAFETYbloximages.newyork1.vip.townnews.com/brownsvilleherald.com/conten… · TEXAS DEPARTMENT OF PUBLIC SAFETY 5805 N LAMAR BLVD ... This information is

TEXAS DEPARTMENT OF PUBLIC SAFETY 5805 N LAMAR BLVD BOX 4087 AUSTIN, TEXAS 78773-0001 512/424-2000

www.dps.texas.gov

STEVEN C. McCRAW COMMISSION DIRECTOR A. CYNTHIA LEON, CHAIR DAVID G. BAKER MANNY FLORES ROBERT J. BODISCH, SR. FAITH JOHNSON DEPUTY DIRECTORS STEVEN P. MACH RANDY WATSON

EQUAL OPPORTUNITY EMPLOYER

COURTESY SERVICE PROTECTION

January 26, 2016

Via Email

Christina Garza

The Brownsville Herald

[email protected]

RE: Public Information Request for the arrest warrants issused for Tony Yzaguirre Jr, Pedro

Garza,Jose Mireles, and Omar Sanchez Paz. The four men were arrested on 01/06/2016

in Cameron County Texas (PIR # 16-0127)

Ms. Garza:

The Department received your above-referenced request on January 7, 2016. Please find

enclosed the information the Department located in response to your request. These records are

provided to you at no cost.

The information you requested contains information that relates to:

a motor vehicle operator’s or driver’s license or permit issued by an agency of this state

or another state or country; or

a motor vehicle title or registration issued by an agency of this state or another state or

country; or

a personal identification document issued by an agency of this state or another state or

country or a local agency authorized to issue an identification document.

This information is confidential under section 552.130 of the Texas Government Code. Our

office is prohibited by law from releasing this information to you, and therefore we have

removed this information from the enclosed information we are providing to you.

Normally, we must request a ruling from the Texas Attorney General before we can withhold

any of the information you requested. However, section 552.130 allows us to withhold this

specific information without requesting a ruling from the attorney general.

You have the right to appeal our decision to withhold this information from you. Instructions for

appeal are at the end of this letter. If you do not want to appeal, you do not need to do anything

else. Please note that we are only withholding the specific categories of information that are

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confidential under section 552.130. We will process the rest of your request for information in

accordance with the terms of the Public Information Act.

The date of birth of any living person is excepted from required public disclosure under

common-law privacy. Paxton v. City of Dallas, No. 03-13-00546-CV, 2015 Tex. App. LEXIS

5228, at *10 (Tex. App.—Austin May 22, 2015, pet. denied) (mem. op.) The Department has

received a previous determination from the Attorney General’s office allowing us to redact the

dates of birth of living individuals from the records we are providing to you without requesting a

ruling. Open Records Letter Ruling 2015-27249; see Gov’t Code§ 552.301(a); see also Open

Records Decision No. 673 at 7 (2001).

If you have any questions regarding this request, please contact the Media and Communications

Office at [email protected]. Thank you.

Cordially,

Molly Cost

Assistant General Counsel

\\hqogcs001\ORA\2016 requests\16-0127\16-0127 (16-01-26) letter to requestor

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TEXAS DEPARTMENT OF PUBLIC SAFETY 5805 N LAMAR BLVD BOX 4087 AUSTIN, TEXAS 78773-0001 512/424-2000

www.dps.texas.gov

STEVEN C. McCRAW COMMISSION DIRECTOR A. CYNTHIA LEON, CHAIR DAVID G. BAKER MANNY FLORES ROBERT J. BODISCH, SR. FAITH JOHNSON DEPUTY DIRECTORS STEVEN P. MACH RANDY WATSON

EQUAL OPPORTUNITY EMPLOYER

COURTESY SERVICE PROTECTION

How to Appeal the Withholding of Information Without an AG Ruling Requested

If you wish to appeal the withholding of information discussed on the previous page, you must send

the following to the attorney general:

(1) a signed, written statement indicating your wish to appeal the withholding of

information;

(2) the name of the governmental body that withheld information from you;

(3) the date you made your original request for information; and

(4) a copy of your original request for information, or if you are unable to provide a

copy, a description of your original request for information.

You may also submit written comments stating why you think the information should be released to

you, but you are not required to do so.

Send your appeal by mail to the attorney general at:

Open Records Division

PO Box 12548

Austin, Texas 78711-2548

Within forty-five business days after receiving all of the above-listed items necessary to file your

appeal, the attorney general will issue a written ruling on the matter. You will receive a copy of this

ruling in the mail.

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From: [email protected] Sent: Thursday, January 07, 2016 4:32 PM To: OGC Webmaster Subject: Arrest/Offense Report Salutation: MS First Name: Christina Last Name: Garza Company: The Brownsville Herald E-Mail: [email protected] Mailing Address line1: 1135 E. Van Buren Mailing Address line2: City: Brownsville State: TX Zip: 78521 Phone: 9569826659 Fax: How would you prefer to be contacted? Email REQUEST Date of Arrest: 01/06/2016 Location of Arrest: Cameron County Arresting Officer: Arrestee: Tony Yzaguirre, Pedro Garza, Jose Mireles, O.Sanc Arrestee's Texas DL #: Description of Request Information: Good afternoon, I would like to please request the arrest warrants issused for Tony Yzaguirre Jr, Pedro Garza,Jose Mireles, and Omar Sanchez Paz. The four men were arrested on 01/06/2016 in Cameron County Texas. Thank you for your assistance in this matter

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