Blankenship v. Brazos Higher Education Authority, Inc

In Blankenship v. Brazos Higher Education Authority, Inc., 975 S.W.2d 353 (Tex. App.--Waco 1998, pet. denied), a request was made for the City of Waco to produce documents showing what monies had been paid to two individuals by the Brazos Higher Education Authority, a non-profit organization that issued revenue bonds for the purchase of student loans. Id. at 354. Whether Waco had to disclose the documents depended on whether the records were considered "public information" under section 552.002(a)(2). Id. at 363. The court noted that the Authority was operating "at the request of" and "on behalf" of Waco, and that Waco exercised substantial control over the Authority because Waco's approval was required before the Authority could issue bonds or appoint a board of directors. Id. Based on this evidence, the court did not address whether the "for a governmental body" element was satisfied, and remanded the case only to determine whether Waco had a "right of access" to the documents. Id).