Letter to Texas A&M: Humane Society and Friends of the Earth Call Upon Texas A&M to Inform the Public About Controversial Research

May 8, 2002

Mr. Richard L. Floyd
Associate Vice President for Finance
Texas A&M University
1181 TAMU
College Station, TX 77843-1181

Dear Mr. Floyd,

Thank you for your letter dated March 22, 2002, which asked for a clarification regarding our earlier letter to the University President. We appreciate your concerns and trust that this letter will meet both of our needs.

Pursuant to the Texas Public Information Act ("TPIA"), Tex. Gov't Code § 552.001 et seq., Friends of the Earth ("FoE") and The Humane Society of the United States ("HSUS") hereby request copies of the following records and information related to animal cloning in the laboratories at Texas A&M University ("TAMU").

1. Any and all information or records, written or electronic, regarding which species of animals (e.g. cats, dogs) have been used as subjects in TAMU's cloning experiments.

2. Any and all information or records, written or electronic, regarding the number of individual animals that have been used in cloning work. Please include a tally of the number of representatives from each species as well.

3. Any and all information or records, written or electronic, regarding the number of animal deaths, deformities, and/or disabilities resulting, either directly or indirectly, from cloning attempts.

4. Any and all information or records, written or electronic, regarding TAMU's position on whether it will continue this line of genetic experimentation, including but not limited to specific plans for future cloning research.

Each of these records is described by Tex. Gov't Code § 552.002(a)(1) as "public information" possessed by a governmental body. As a part of the Texas public education system, TAMU qualifies as a governmental body under Tex. Gov't Code § 552.003(a)(1). The Texas Public Information Act has as its purpose to provide public access "at all times to complete information about the official acts of public officials and employees." Tex. Gov't Code § 552.001. "The Act mandates a liberal construction to implement this policy and one favoring a request for information." Tex. Gov't Code § 552.001; City of Garland, Texas v. The Dallas Morning News, 22 S.W.3d 351, 356 (Tex. 2000). See A&T Consultants v. Sharp, 904 S.W.2d 668, 675 (Tex. 1995); see also Industrial Found. of the South v. Texas Indus. Acc. Bd., 540 S.W.2d 668, 682 (Tex. 1976).

FoE and HSUS further request that TAMU waive all charges for search and review associated with this request, as provided by Tex. Gov't Code § 552.267(a). FoE is a national environmental organization dedicated to preserving the health and diversity of the planet and empowering citizens to have an influential voice in decisions affecting their environment. HSUS is a national organization with a mission of promoting the protection of all animals. HSUS is dedicated to creating a world where humans' relationship with animals is guided by compassion, a truly humane society in which animals are respected for their intrinsic value, and where the human-animal bond is strong. Both organizations have members residing in Texas. The subject matter of the requested records concerns activities of TAMU, a Texas governmental body, and is in the public interest and knowledge thereof will benefit the general public. As the treatment and extent of involvement of animals in cloning experiments is currently of public concern, analysis of the requested information by FoE and HSUS will benefit the general public. Because limited information and analysis regarding such experiments has been made public to date, distribution of the requested information will benefit the general public. As the experiments at TAMU, a Texas governmental body, are part of a public/private partnership, distribution of information regarding such experiments will contribute to the public's understanding of government in relationship to private commercial interests. FoE and HSUS have the capacity to communicate this information to a broad spectrum of the public through publications and websites.

FoE and HSUS are non-profit organizations supported by donations and, as such, both organizations have limited budgets. However, should the request for a waiver of charges associated with search and review not be granted, our organizations are able at this moment to expend up to $100 toward such costs.

Please respond to this request in writing within ten (10) business days as required by Tex. Gov't Code § 552.221(d). If all of the requested documents are not available within that time period, FoE and HSUS request that you provide them with all requested documents or portions of documents that are available within that time period. Should you have any questions about this request or foresee problems in fully releasing the requested records, please call us within the ten-day period at (202) 783-7400.

Thank you for your prompt consideration of this request.


Sincerely,

Please reply to: Friends of the Earth 1025 Vermont Ave., NW, Suite 300, Washington, DC 20005