Helping Trial Lawyers Navigate the Appellate System

State Employees’ Birth Dates Are Public Information

In Texas Comptroller of Public Accounts v. Attorney General of Texas (No. 03-07-00102-CV), the Third Court of Appeals has agreed with an attorney general opinion that state employees’ birth dates are public information subject to disclosure under the Texas Public Information Act.  Justice Diane Henson (pictured) wrote the panel opinion (joined by Chief Justice Law and Justice Waldrop) affirming the trial court’s summary judgment for the AG.  The appellate court also rejected a request for attorney’s fees by The Dallas Morning News, which made the public information request that generated the controversy.

D. Todd Smith
About the Author

D. Todd Smith is an Austin-based civil appellate specialist who works with trial teams from the earliest stages of litigation. In trial courts, he takes the lead on strategic analysis and briefing, jury charges, and potentially dispositive motions, all with a focus on preserving error and positioning cases for appellate review.

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