§ 6-2-37. PUBLIC INFORMATION; EXCEPTION FROM DISCLOSURE.

(A)

Except as otherwise provided in this section, a materials management plan is a public record.

(B)

An applicant or permittee may identify hazardous material registered under this chapter by use of a code that prevents its identification by a person other than a city employee if the applicant requests that the City not disclose the information to the public, and:

(1)

the material is a trade secret;

(2)

its disclosure would cause substantial competitive harm to the applicant; or

(3)

its disclosure is not otherwise required by Chapter 552 ( Public Information Act ) of the Texas Government Code.

(C)

An applicant or permittee may request that the director not disclose to the public information described in Subsection (B) by:

(1)

making the request at the time the confidential information is provided to the director;

(2)

clearly identifying the confidential information; and

(3)

providing a statement by the applicant's or permittee's attorney that supports the claim of confidentiality.

(D)

The failure of an applicant or permittee to comply with Subsection (C) does not abrogate a claim of confidentiality.

Source: 1992 Code Sections 14-3-42 and 14-3-46(A); Ord. 031023-10; Ord. 031211-11.