Attorney General Opinion GA-0673

ATTORNEY GENERAL OF TEXAS GREG ABBOTT October 22, 2008 The Honorable Joe Driver Chair, Committee on Law Enforcement Texas House ofRepresentatives Post Office Box 2910 Austin, Texas 78768-2910 Dear Representative Driver: You ask: Opinion No. GA-0673 Re: Whether Government Code chapter 552, the Public Information Act, prohibits the disclosure of a vehicle identification number if the number is not accompanied by or identified with any personal information about any individual (RQ-0704-GA) Under section 552.130(a) ofthe PIA [Public Information Act], may a governmental body publicly disclose a manufacturer's permanent vehicle identificationnumber ("VIN"), ifthe VIN is not accompanied by or identified with any personal information about any individual?1 A VIN, a series of letters and numbers assigned by a manufacturer to a motor vehicle to identify it, is located inside the passenger compartment but readable from outside ofthe vehicle. See 49 C.F.R. §§ 565.3(0), 565.4(f), 565.13(f) (2007). Its purpose is to identify vehicles. Id. § 565.1. The PIA, Government Code chapter 552, provides in section 552.021 thatpublic information in the custody of a governmental body "is available to the public at a minimum during the normal business hours of the governmental body." TEx. GOV'T CODE ANN. § 552.021 (Vernon 2004). Certain categories of information are expressly excepted from required disclosure to the public, including the information described by Government Code section 552.130: (a) Information is excepted from the requirements ofSection 552.021 ifthe information relates to: (1) a motor vehicle operator's or driver's license or permit issued by an agency ofthis state; ILetter from Honorable Joe Driver, Chair, Committee on Law Enforcement, Texas House ofRepresentatives, to Honorable Greg Abbott, Attorney General ofTexas, at 2 (Apr. 24, 2008) (on file with the Opinion Committee, also available at www.texasattorneygeneral.gov) [hereinafter Request Letter]. The Honorable Joe Driver - Page 2 (GA-0673) (2) a motor vehicle title or registration issued by an agency ofthis state; or (3) a personal identification document issued by an agency of this state or a local agency authorized to issue an identification document. (b) Information described by Subsection (a) may be released only if, and in the manner, authorized by Chapter 730, Transportation Code. Id. § 552.130. We find nojudicial decision, attorney generafopinion, or open records decision ofthis office addressing your question. Informal letter rulings issued by the Open Records Division ofthis office have determined inparticularcircumstances thatVINs mustbe withheld under section 552.130(a)(2) as information that "relates to a motor vehicle title or registration issued by an agency ofthis state." See Tex. Att'y Gen. 0R2007-00066, at 2, 0R2004-0610, at 1; but see Tex. Att'y Gen. 0R2008- 06797, at 2 (VIN from Louisiana document may not be withheld pursuant to section 552.130). However, informal letterrulings apply onlyto the specific documents and circumstances surrounding them, and they are not considered precedent by this office.2 Accordingly, we treat your question as raising a novel question of law. Section 552.130(a) exc.epts from public disclosure "information [that] relates to" the following instruments issued by an agency of the state: (1) a motor vehicle operator's license or permit; (2) a motor vehicle title or registration; or (3) a personal identification document.3 TEX. GOV'TCODEANN. § 552.130(a) (Vernon 2004). Section 552.130 was adopted by a bill "relating to the release and use ofcertain personal information from motor vehicle records." See Act ofMay 29, 1997, 75th Leg., R.S., ch. 1187, §§ 1,4, 1997 Tex. Gen. Laws 4575,4580 (title). The legal question here is whether a VIN, severed from any information you describe as "personal," relates to the instruments listed in section 552.130(a) such that the VIN would be excepted from required public disclosure. 2See policy statement on informal letter rulings at http://www.oag.state.tx.us/open/index_orl.php (last visited Oct. 22, 2008). 3Neither section 552.130 nor Transportation Code chapter 730, the Motor Vehicle Records Disclosure Act, expressly refers to VINs. See TEX. TRANSP. CODEANN. §§ 730.001-.016 (Vernon 1999 & Supp. 2008). However, VINs must be included on motor vehicle certificates oftitle issued by the Department ofTransportation under Transportation Code chapter 501, the Certificate ofTitle Act. See id § 501.021(a)(4) (Vernon 2007). VINs must also be included on applications to register a new vehicle. See id § 502.151(b)(6). The registration sticker placed on the vehicle's windshield displays the partial VIN. See TEXAS DEPARTMENT OF TRANSPORTATION, VEHICLE REGISTRATION STICKER, available athttp://www.txdot.gov/services/vehicle_titles_and_registration/registration_sticker.htm(lastvisited Oct. 22, 2008). The Honorable Joe Driver -Page 3 (GA-0673) "Ordinarily, the words 'related to' mean 'pertaining to,' 'associated with,' or 'connected with.'" Univ. ofTex. Law Sch. v. Tex. Legal Found., 958 S.W.2d 479,483 (Tex. App.-Austin 1997, no pet.) (quoting Webster's Third International Dictionary 1916 (3d ed. 1986)). The term "related to" has at times been construed broadly. See ide at 481, 483 (construing the term "information relating to litigation" in Government Code section 552.103). However, you are inquiring about VINs that have been separated from any personal information or identifying information in the documents listed in section 552.130(a). In that case, the "relationship" has been severed, and the- VIN number does not relate to a motor vehicle title or registration and, as such, is not subject to section 552.130. Further, we find no other law requiring a governmental body to withhold a VIN that is completely severed and isolated from any other identifying information. We conclude that Government Code section 552.130 does not prohibit a governmental body from publicly disclosing a manufacturer's permanent VIN if the VIN is not accompanied by personal information about any individual and does not identify any individua1.4 4you asked a second question, contingent on a conclusion that Government Code section 552.130 prohibits a governmental body from disclosing a VIN that is not accompanied by or identified with any personal information about any individual. See Request Letter, supra note 1, at 2. In view ofour answer to your fIrst question, we need not answer your second question. The Honorable Joe Driver - Page 4 (GA-0673) SUMMARY Government Code section 552.130(a) does not prohibit a governmental body from publicly disclosing a manufacturer's permanent vehicle identification number ("VIN"), if the VIN is not accompanied by or identified with any personal information about any individual. Very truly yours, KENT C. SULLIVAN First Assistant Attorney General ANDREW WEBER Deputy Attorney General for Legal Counsel NANCY S. FULLER Chair, Opinion Committee Susan L. Garrison Assistant Attorney General, Opinion Committee