CourtListener 10741001•Brian Beckcom v. Texas A&M University
Full text
ACCEPTED
15-25-00124-CV
FIFTEENTH COURT OF APPEALS
AUSTIN, TEXAS
11/17/2025 5:04 PM
Case No. 15-25-00124-CV CHRISTOPHER A. PRINE
___________________________________________________ CLERK
FILED IN
15th COURT OF APPEALS
Court of Appeals of Texas AUSTIN, TEXAS
Fifteenth District 11/17/2025 5:04:59 PM
___________________________________________________
CHRISTOPHER A. PRINE
Clerk
Brian Beckcom
Appellant
v.
Texas A&M University
Appellee
___________________________________________________
On Appeal from a Dismissal of a Petition for Writ of Mandamus
85th District Court; Bryan County, Texas
Cause No. 24-003177-CV-85
Hon. Kyle Hawthorne, Presiding
___________________________________________________
Appellant’s Brief
___________________________________________________
Matthew J. Kita
Texas Bar No. 24050883
3110 Webb Avenue, Suite 150
Dallas, Texas 75205
(214) 699-1863
matt@mattkita.com
Counsel for Appellant
Oral Argument Requested
Identity of Parties and Counsel
Appellant: Brian A. Beckcom
Appellate Counsel: Matthew J. Kita
3110 Webb Avenue, Suite 150
Dallas, Texas 75205
(214) 699-1863
matt@mattkita.com
Trial Counsel: Hunter Shurtleff
Texas Bar No. 00794629
Shurtleff Law Firm, PC
P.O. Box 9618
College Station, Texas 77842-9618
(979) 446-4012
hunter@shurtlefflaw.com
Brian A. Beckcom
VB Attorneys
6363 Woodway, Suite 400
Houston, Texas 77057
(713) 224-7800
brian@vbattorneys.com
Appellee: Texas A&M University
Appellate and Jason T. Contreras
Trial Counsel: Office of the Attorney General
P.O. Box 12548, Capitol Station
Austin, Texas 78711
(512) 463-2120
jason.contreras@oag.texas.gov
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Table of Contents
Identity of Parties and Counsel ...................................................................... 2
Index of Authorities ....................................................................................... 5
Statement of the Case .................................................................................... 7
Statement Regarding Oral Argument ............................................................. 8
Issue Presented .............................................................................................. 9
Statement of Facts ....................................................................................... 10
A. This proceeding is governed by the provisions of the Public
Information Act. ...................................................................... 10
B. Beckcom requests information regarding the University’s DEI
initiatives. ................................................................................ 13
C. Beckcom requests information regarding a University
investigation of the Corps of Cadets’ “Squadron 17.” ............ 15
D. Beckcom sues for a writ of mandamus to compel the
University’s compliance with his requests. ............................. 16
E. The University challenges the district court’s subject-matter
jurisdiction to consider Beckcom’s petition............................. 17
F. The University’s arguments in support of withholding
information. ............................................................................. 19
G. Beckcom’s response to the University’s jurisdictional
challenge. ................................................................................. 20
H. The district court holds a hearing on Beckcom’s petition and
the University’s plea. ............................................................... 22
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I. The district court denies the University’s plea but dismisses
Beckcom’s petition with prejudice............................................. 23
Argument ..................................................................................................... 26
A. Because the district court granted relief that was “tantamount
to the granting of a summary judgment,” the same standard of
review applies on appeal. ......................................................... 26
B. The University failed to conclusively establish that it obtained a
decision from the Attorney General that permitted it to
withhold information from Beckcom. ...................................... 29
1. There is a genuine factual dispute as to whether the
Attorney General reviewed information that was
responsive to Beckcom’s requests about the University’s
DEI initiatives. ............................................................... 29
2. There is a genuine factual dispute as to whether the
University may rely on the “student-records exception”
to Beckcom’s request for information about the
“Squadron 17” investigation. ........................................ 32
Conclusion ................................................................................................... 36
Certificate of Compliance ............................................................................ 37
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Index of Authorities
Cases
Bland Indep. Sch. Dist. v. Blue,
34 S.W.3d 547 (Tex. 2000) ..................................................................... 28
Bugle Shipping Co. Ltd. v. Sheikh,
No. 14-22-00470-CV, 2023 WL 7034213
(Tex. App.—Houston [14th Dist.] Oct. 26, 2023, no pet.) ..................... 33
Draughon v. Johnson,
631 S.W.3d 81 (Tex. 2021) ................................................................ 28, 29
Home Builders Ass'n of Miss., Inc. v. City of Madison,
143 F.3d 1006 (5th Cir. 1998) .................................................................. 28
M.D. Anderson Hosp. & Tumor Inst. v. Willrich,
28 S.W.3d 22 (Tex. 2000) ...................................................................... 29
Mack Trucks, Inc. v. Tamez,
206 S.W.3d 572 (Tex. 2006) ................................................................... 29
Tex. Dep’t of Parks & Wildlife v. Miranda,
133 S.W.3d 217 (Tex. 2004) .................................................................... 28
Thomas v. Long,
207 S.W.3d 334 (Tex. 2006) ................................................................... 28
Univ. of Tex. at Austin v. GateHouse Media Tex. Holdings II, Inc.,
711 S.W.3d 655 (Tex. 2024) ......................................................... 12, 33, 35
Whitesell v. Newsome,
138 S.W.3d 393 (Tex. App.—Houston [14th Dist.] 2004, pet. denied) .. 28
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Statutes
20 U.S.C. § 1232g ............................................................................. 12, 33, 35
Tex. Gov’t Code § 552.001 .......................................................................... 10
Tex. Gov’t Code § 552.002 ......................................................................... 11
Tex. Gov’t Code § 552.101 .......................................................................... 11
Tex. Gov’t Code § 552.114 ............................................................... 12, 33, 35
Tex. Gov’t Code § 552.221 .......................................................................... 11
Tex. Gov’t Code § 552.301 .......................................................................... 11
Tex. Gov’t Code § 552.302 ............................................................... 12, 32, 36
Tex. Gov’t Code § 552.321 ...........................................................7, 12, 20, 30
Tex. Gov’t Code § 552.322 .......................................................................... 12
Tex. Gov’t Code § 552.3221 ........................................................................ 12
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Statement of the Case
Nature of the Case: After Appellee denied Appellant’s request
for documents under the Public
Information Act, Appellant filed a petition
for a writ of mandamus to compel their
production.1
Course of Proceedings: Appellee filed a plea to the jurisdiction.2
Trial Court’s Disposition: Denied Appellee’s plea to the jurisdiction
but dismissed Appellant’s petition with
prejudice.3
1
App’x 10–11, 13–14; Tex. Gov’t Code § 552.321.
2
App’x 19–43.
3
App’x 585.
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Statement Regarding Oral Argument
Appellant respectfully submits that oral argument would assist this
Court in its deliberations because:
¾ This case has a complicated procedural history, as reflected by a
record that includes nearly 3,000 pages of documents;
¾ This case presents novel questions regarding statutory
mandamus proceedings under the Public Information Act; and
¾ This Court’s resolution of the issue may have substantial
implications for Public Information Act requests from the
state’s public universities.
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Issue Presented
A. The Texas Public Information Act requires governmental bodies to
produce properly requested information unless a specific statutory
exception applies. And to determine whether an exception applies, the
governmental body must request an opinion from the Attorney
General. In a suit to compel the disclosure of such information, can a
governmental body rely on a previous decision from the Attorney
General without presenting evidence to the trial court that
demonstrates how the previous decision applies to the present
request?
B. The Public Information Act also contains an exception to the above-
stated rule that permits public universities to withhold information
from responses to requests—without seeking a decision from the
Attorney General—if the information that would be produced is
directly related to a student. In a suit to compel the disclosure of such
information, can a public university withhold such information
without presenting evidence to the trial court that substantiates its
reliance on this exception?
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Statement of Facts
A. This proceeding is governed by the provisions of the Public
Information Act.
This appeal arises out of a statutory mandamus proceeding that is
authorized by the Texas Public Information Act. Accordingly, before
addressing the specific facts of this dispute, the Court should first consider
the statutory scheme at issue, the provisions of which are not (and cannot
be) disputed.
The Act, which is codified in chapter 552 of the Government Code,
has a preamble that addresses the proper construction of its provisions:
Under the fundamental philosophy of the American
constitutional form of representative government that adheres
to the principle that government is the servant and not the
master of the people, it is the policy of this state that each
person is entitled, unless otherwise expressly provided by law,
at all times to complete information about the affairs of
government and the official acts of public officials and
employees. The people, in delegating authority, do not give
their public servants the right to decide what is good for the
people to know and what is not good for them to know. The
people insist on remaining informed so that they may retain
control over the instruments they have created. The provisions
of this chapter shall be liberally construed to implement this
policy…[and] in favor of granting a request for information.4
4
Tex. Gov’t Code § 552.001.
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The Act defines “public information” as “information that is written,
produced, collected, assembled, or maintained under a law or ordinance or in
connection with the transaction of official business: (1) by a governmental
body; or (2) for a governmental body and the governmental body owns the
information or has a right of access to it.”5 And upon receiving a request for
public information, a governmental body must promptly produce the
information for inspection, duplication, or both.6
The Act does contain exceptions, however, for information that is
“considered to be confidential by law, either constitutional, statutory, or by
judicial decision.”7 If a governmental body receives a written request for
information that it (a) wishes to withhold from public disclosure and
(b) considers to be within one of these exceptions, it must ask the Attorney
General for a decision about whether the information is within that
exception.8 Importantly for the facts in this case, however, there is also an
exception to the rule regarding exceptions: If the request at issue involves
5
Tex. Gov’t Code § 552.002.
6
Tex. Gov’t Code § 552.221.
7
Tex. Gov’t Code § 552.101. The codified exceptions are found in §§ 552.102–.164.
8
Tex. Gov’t Code § 552.301.
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“records, files, documents, and other materials” that “contain information
directly related to a student [or an applicant],”9 the University is not required
to seek a decision from the Attorney General.10
But if the governmental body fails to timely request such a decision
when a request is required, the information is presumed to be subject to
public disclosure11 and the Act permits the requestor to “file suit [in a
district court] for a writ of mandamus compelling [the] governmental body to
make information available for public inspection.”12 The Act also permits
district courts to “order that the information at issue may be discovered only
under a protective order,”13 and permits governmental bodies to file “the
information at issue” with the district court “for an in camera inspection as
is necessary for the adjudication of the case.”14 Aside from these provisions,
however, the Act is silent as to the procedures that govern these “suits.”
9
Tex. Gov’t Code § 552.114(a); 20 U.S.C. § 1232g(a)(4)(A) (emphasis added).
10
Univ. of Tex. at Austin v. GateHouse Media Tex. Holdings II, Inc., 711 S.W.3d 655, 665
(Tex. 2024).
11
Tex. Gov’t Code § 552.302.
12
Tex. Gov’t Code § 552.321(a).
13
Tex. Gov’t Code § 552.322.
14
Tex. Gov’t Code § 552.3221(a).
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B. Beckcom requests information regarding the University’s DEI
initiatives.
In February 2024, Appellant Brian Beckcom made a Public
Information Act request from Appellee Texas A&M University in which he
sought information regarding diversity, equity, and inclusion initiatives for
the University’s Corps of Cadets.15 A month later, the University produced
some documents, but informed Beckcom that because he agreed to the
redaction of certain information, it also withheld information that was
responsive to his request.16 Following an e-mail discussion with Beckcom’s
counsel,17 the University informed Beckcom that if he withdrew his consent
to redactions, it would seek an opinion from the Attorney General—
provided that the University had not already obtained “an applicable letter
ruling on the same information.”18
In a separate e-mail, the University informed Beckcom that it had
already “received multiple letter rulings” addressing its compliance with a
newly enacted statute addressing diversity, equity, and inclusion initiatives
15
App’x 13–14.
16
App’x 1588.
17
App’x 1635–41.
18
App’x 1640.
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that covered “various groups of information.”19 The University attached
“one of the letter rulings that we could locate most quickly” to its e-mail,
noting “the reasoning is the same for all of them.”20
After Beckcom withdrew his consent for the redactions,21 the
University sent a letter to the Attorney General.22 In that correspondence,
the University informed the Attorney General that it was withholding
information from Beckcom because the University believed that information
responsive to Beckcom’s request was “subject to a prior [Attorney General]
decision.”23 The prior Attorney General decision to which the University
referred included the following statements:
Texas A&M University received a request for information
pertaining to specified information relating to diversity, equity,
and inclusion initiatives. You claim the submitted information is
excepted from disclosure under section 552.101 of the
Government Code. We have considered the exception you
claim and reviewed the submitted representative sample of
information.24
19
App’x 1638.
20
App’x 1638.
21
App’x 1638.
22
App’x 1643–46.
23
App’x 1644.
24
App’x 1647 (emphasis added).
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The decision included a footnote after the boldfaced text above which stated:
We assume the “representative sample” of records submitted
to this office is truly representative of the requested records as a
whole. This open records letter does not reach, and
therefore does not authorize the withholding of, any other
requested records to the extent that those records contain
substantially different types of information than that
submitted to this office.25
There is no evidence in the record suggesting that the Attorney General
responded to the University’s correspondence about Beckcom’s request.
C. Beckcom requests information regarding a University
investigation of the Corps of Cadets’ “Squadron 17.”
Beckcom sent the University a separate Public Information Act
request in March 2024.26 In this request, Beckcom sought information
related to the University’s investigation of “Squadron 17,”27 a unit of the
Corps of Cadets in which Beckcom’s son is a member.28 The University
informed him that it would produce some redacted documents, but would
also withhold information that was responsive to his request.29
25
App’x 1647 (emphasis added).
26
App’x 10–11.
27
App’x 10–11.
28
App’x 2786.
29
App’x 135–36.
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D. Beckcom sues for a writ of mandamus to compel the University’s
compliance with his requests.
Between March and November 2024, Beckcom initiated three
separate proceedings in a Brazos County district court in which he sought
writs of mandamus compelling the University to comply with his Public
Information Act requests.30 Beckcom nonsuited the first-filed matter31 and
the parties agreed to consolidate the remaining two under the second suit’s
cause number.32
Although Beckcom’s petitions originally also addressed Public
Information Act requests not discussed above, he amended his petition in
March 2025 to narrow the court’s focus to these two requests.33 The
amended petition cited the Act when identifying the district court’s subject-
matter jurisdiction,34 referenced and attached the two requests that are the
30
App’x 45–48 (Cause No. 24-000902-CV-85); 106–12 (Cause No. 24-003177-85-CV);
114–19 (Cause No. 2024-003358-CV-85). Although Beckcom also sought—and then non-
suited—a proceeding for injunctive relief against the University in a Harris County
district court, App’x 102, the arguments presented in that case were not presented to the
district court in this case and, accordingly, are not relevant to the issues presented in this
appeal.
31
App’x 95–96.
32
App’x 16.
33
App’x 4–8.
34
App’x 5.
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subject of his suit35 and, in his prayer for relief, asked the district court to
order the University “to produce the requested documents and information
or perform an in-camera review of the materials to determine the
applicability of the alleged privileges.”36 Beckcom never filed a motion for
summary judgment, nor did he file any additional documents seeking
affirmative relief.
E. The University challenges the district court’s subject-matter
jurisdiction to consider Beckcom’s petition.
In response to Beckcom’s first-filed suit, the University challenged his
standing to pursue mandamus relief in the district court.37 According to the
University, the evidence attached to its plea supported its arguments that it
“met its obligations under the Public Information Act.”38 And based on its
belief that “there was no violation of the Public Information Act that can be
redressed by this lawsuit,” the University argued that the district court
lacked subject-matter jurisdiction to consider Beckcom’s arguments that the
35
App’x 10–11, 13–14.
36
App’x 7.
37
App’x 579–612.
38
App’x 579; 614–1581 (evidence); 1582–2433 (first supplement to evidence); 2434–2775
(second supplement to evidence).
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University did violate the Public Information Act.39 These jurisdictional
allegations notwithstanding, the University also asked the district court to
dismiss Beckcom’s suit with prejudice.40
The University reiterated these arguments in an amended its plea in
response to Beckcom’s third-filed suit.41 After the district court signed the
parties agreed consolidation order,42 this version of the University’s plea
became the University’s operative pleading in this appeal.43 It later
supplemented its operative plea with additional argument and evidence.44
39
App’x 579.
40
App’x 579, 611.
41
App’x 19–43.
42
App’x 16.
43
App’x 19–43.
44
After Beckcom amended his petition in March 2025 under the consolidated case
number, the University filed a document entitled “First Supplement to Plea to the
Jurisdiction,” which contained the plea and evidence that it filed in response to
Beckcom’s first-filed suit. App’x 576–2775. The University also filed a 561-page
document entitled “Second Supplement to Plea to the Jurisdiction,” whose contents
were identical to the operative plea discussed above. (To minimize the size of the Court’s
already voluminous record, Beckcom did not include it. Although the University’s
operative plea bears the cause number of his third-filed action, Beckcom does not dispute
that it was on file with district court, was consolidated into the pending proceeding, and
remains the University’s operative filing.) The University’s “Third Supplement to Plea
to the Jurisdiction” is included. App’x 2776–87.
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F. The University’s arguments in support of withholding
information.
With respect to Beckcom’s request for DEI-related information, the
University relied on a business-records affidavit that authenticated (a) its
email conversations with Beckcom’s counsel; (b) the Attorney General’s
opinion from an unrelated proceeding that it provided to Beckcom’s counsel;
and (c) the letter in which the University informed the Attorney General that
it was withholding documents in this proceeding.45
With respect to Beckcom’s request for information related to the
“Squadron 17” investigation, the University’s operative plea stated that it
“withheld a 46-page document because it contained personally identifiable
student record information that cannot be sufficiently de-identified.”46 To
support this assertion, the University attached an affidavit from its records
custodian, who testified that she had sufficient personal knowledge to form a
“good-faith belief” that Beckcom:
¾ served as a legal representative of at least one student involved
45
App’x 590–92 (facts); 600–602 (argument); 1632–42 (Beckcom’s request and
communications between counsel); 1643–46 (University’s letter to the Attorney General
regarding Beckcom’s request for DEI information); 1647–49 (Attorney General’s letter to
the University in an unrelated matter); 2319–21 (business-records affidavit).
46
App’x 28, 32, 2779.
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in the Squadron 17 investigation;
¾ knew the identities of the other students that were also
members of “Squadron 17;” and
¾ had knowledge of the underlying facts and allegations.47
The records custodian then testified that—based on her personal knowledge
of the above—the University “determined within its discretion” that the
Act permitted it to withhold documents from Beckcom without seeking an
opinion from the Attorney General.48 The University did not submit the 46
pages of documents to the district court for in camera review.
G. Beckcom’s response to the University’s jurisdictional challenge.
In his response to the University’s challenge to the district court’s
ability to consider the subject matter of this dispute, Beckcom cited the
provision of the Public Information Act that specifically authorized him to
file a suit in a district court for a writ of mandamus that would compel the
University to make information available.49 Beckcom then argued that it
would be an “absurd result” if a district court had subject-matter jurisdiction
to consider the defenses in the University’s plea but did not have subject-
47
App’x 2784.
48
App’x 2784.
49
App’x 2788–93 (citing Tex. Gov’t Code § 552.321(a)).
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matter jurisdiction to consider the allegations in Beckcom’s petition.50
With respect to the merits of the University’s argument that it
complied with the Act, Beckcom argued that the district court should deny
its request to dismiss his petition with prejudice because (a) the summary-
judgment standard applied; and (b) the University’s filings failed to
“conclusively establish” the absence of a genuine factual dispute.51 Beckcom
also provided the district court with his own declaration in which he
affirmed:
¾ He did not serve as a legal representative for any student in
“Squadron 17;”
¾ The University’s rules prohibit students from having legal
representation during administrative hearings; and
¾ He was permitted to attend his son’s hearing in his capacity as a
father and “advisor” but was not permitted to speak.52
Beckcom’s response also noted that the University’s plea did not contain
any “no-evidence” arguments and, therefore, was not entitled to
“summary-judgment-like” relief on this basis either.
50
App’x 2791–92.
51
App’x 2791–92.
52
App’x 2794.
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Finally, Beckcom concluded his response to the University’s plea by
asking it to “provide the parties with guidance for submitting arguments and
evidence to this Court for a ruling on the merits.”53
H. The district court holds a hearing on Beckcom’s petition and the
University’s plea.
The district court held a hearing on Beckcom’s petition and the
University’s plea.54 The parties did not call witnesses and instead relied on
the documents already on file.55
At the hearing, the University’s counsel conceded that there were
“parts of documents that were withheld in their entirety.”56 Accordingly,
Beckcom’s counsel asked the court to deny the University’s plea and to
conduct an in camera review of the documents that the University claimed to
withhold.57 The University responded by arguing that its discretion was
absolute and that there was no authority suggesting that the district court
53
App’x 2793.
54
RR 4.
55
RR 2–3
56
RR 30.
57
RR 25.
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had the ability to conduct an in camera review.58 During this discussion, the
district court noted, “I guess that’s going to create some law about whether I
can take something in camera to look at…you would think that if you’ve got
a judge to make a decision about it, he ought to be able to take a look at it,
make a decision, [and] seal it.”59 At the conclusion of the hearing, the district
court stated that he would take the parties’ arguments under advisement.60
I. The district court denies the University’s plea but dismisses
Beckcom’s petition with prejudice.
A week later, the district court sent a letter to both parties informing
them of its determination that both Beckcom’s petition and the University’s
plea should be denied.61 It also ordered the University’s counsel to prepare an
order “in compliance with the court’s ruling noted above.”62 Nothing in the
district court’s letter indicated that its ruling was with or without prejudice,
nor did it use the word “dismiss.” 63 The district court signed the order that
58
RR 56–57.
59
RR 66.
60
RR 67.
61
App’x 2796.
62
App’x 2796.
63
App’x 2796.
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the University prepared, which denied both the petition and the plea, but
also noted that petition was dismissed with prejudice.64
Beckcom timely filed a request for findings of fact and conclusions of
law, as well as his own proposed findings and conclusions.65 The University
objected to Beckcom’s request and proposal.66 According to the University,
the district court’s ruling was “tantamount to the granting of a summary
judgment” and that the district court “effectively dismissed the case
because Beckcom’s Public Information Act claims were unmeritorious and
lacked any genuine issue of material fact.”67 The University further argued
that “there was no indicia to indicate or suggest that the [Beckcom’s
petition] was ‘tried’ within the meaning of Rule 296.”68
The district court sustained the University’s objections and signed an
order “denying and disregarding” Beckcom’s request for findings of fact and
conclusions of law.69 Beckcom then filed a motion for new trial in which he
64
App’x 2797.
65
App’x 2798–99 (request); 2810–14 (proposed findings and conclusions).
66
App’x 2800–04.
67
App’x 2802.
68
App’x 2802.
69
App’x 2828.
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argued that the district court’s ruling was contrary to law and against the
overwhelming weight of the evidence.70 Because the district court did not
hold a hearing or rule on Beckcom’s motion, it was denied by operation of
law. Beckcom then timely appealed.71
70
App’x 2826.
71
App’x 2834.
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Argument
A. Because the district court granted relief that was “tantamount to
the granting of a summary judgment,” the same standard of
review applies on appeal.
Before addressing the merits of Beckcom’s arguments, this Court
should conclude that it must review the evidence supporting the district
court’s judgment under a de novo standard of review. The record supports
this conclusion because:
¾ When Beckcom requested the district court to prepare filings of
fact and conclusions of law, he argued that the proceedings were
akin to a bench trial under Rule 296;72
¾ The University responded to Beckcom’s request by arguing that
(a) the Public Information Act does not specifically authorize
bench trials or jury trials; (b) the district court’s hearing “was
more akin to a dispositive summary-judgment versus a “trial”
within the meaning of Rule 296; and (c) the district court’s
ruling was “tantamount to the granting of a summary
judgment.”73
¾ The district court sustained the University’s objections and
“denied and disregarded” Beckcom’s request;74 and
¾ When Beckcom asked this Court to order the district court to
prepare findings and conclusions; the University reiterated the
arguments it presented to the district court.
72
App’x 2798; 2807.
73
App’x 2801–02.
74
App’x 2828.
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Moreover, this Court also denied Beckcom’s request for a remand on this
basis. Accordingly, Beckcom presents its arguments in this appeal as if this
Court and the court below agreed with the University’s arguments.
If the district court’s ruling was “tantamount to the granting of a
summary-judgment,” this Court should first conclude that only the
University sought this relief. There is no dispute that Beckcom did not
attempt to prove his allegations in his pleadings,75 nor does the Act require
him to do so.76 And although the University’s plea did not contain the words
“traditional,” “no-evidence,” or “summary judgment” and did not cite or
reference Texas Rule of Civil Procedure 166a, it did attach more than 2,700
pages of exhibits77 in support of its argument that it was entitled to a dismissal
of Beckcom’s suit with prejudice.”78
There should also be no dispute that Beckcom’s response to the
University’s plea was not a cross-motion for summary judgment. Indeed,
Beckcom’s response did not even ask the district court to grant his petition
75
App’x 4–14.
76
Tex. Gov’t Code § 552.321–.328.
77
App’x 44–2787.
78
App’x 19, 43
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for mandamus relief.79 Instead, Beckcom argued that plaintiffs are not
required “to put on their case simply to establish jurisdiction,”80 and that
trial courts cannot sustain a plea to the jurisdiction “if the evidence creates a
fact question regarding the jurisdictional issue.”81 In sum, Beckcom’s
argument and declaration should leave no doubt that his response brief was
not seeking affirmative relief, but was merely attempting to defeat the
University’s jurisdictional challenge.
The district court’s decision to dismiss Beckcom’s suit with prejudice—
despite having also denied the University’s implied arguments regarding the
ability to address the merits of this dispute82—necessarily reflects its belief
that the University’s evidence “conclusively established” its defenses to
Beckcom’s suit.83 And because a defendant can only obtain such relief
79
App’x 2788–93.
80
App’x 2791 (citing Bland Indep. Sch. Dist. v. Blue, 34 S.W.3d 547, 554 (Tex. 2000)).
81
App’x 2791 (citing Tex. Dep’t of Parks & Wildlife v. Miranda, 133 S.W.3d 217, 227–28
(Tex. 2004)).
82
See, e.g., Thomas v. Long, 207 S.W.3d 334, 339-40 (Tex. 2006) (the trial court’s rulings
on the merits constituted an implicit rejection of a challenge to the trial court’s subject-
matter jurisdiction); see also Whitesell v. Newsome, 138 S.W.3d 393, 397 (Tex. App.—
Houston [14th Dist.] 2004, pet. denied) (citing Home Builders Ass'n of Miss., Inc. v. City of
Madison, 143 F.3d 1006, 1013 (5th Cir. 1998) (dismissal for lack of subject-matter
jurisdiction is not a ruling on the merits).
83
Draughon v. Johnson, 631 S.W.3d 81, 91 (Tex. 2021).
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through a “traditional” summary-judgment motion, this Court should apply
the same de novo standard of review.84
As this Court is certainly well-aware, the de novo standard requires it
to consider all of the evidence in the light most favorable to Beckcom,
crediting evidence favorable to the Beckcom if a reasonable factfinder could,
and disregarding contrary evidence unless a reasonable factfinder could
not.85 And because a “traditional” summary-judgment motion must “stand
on its own merits,” Beckcom did not even have an obligation to respond to
the University’s plea.86
B. The University failed to conclusively establish that it obtained a
decision from the Attorney General that permitted it to withhold
information from Beckcom.
1. There is a genuine factual dispute as to whether the Attorney
General reviewed information that was responsive to Beckcom’s
requests about the University’s DEI initiatives.
This Court should conclude that the University failed to conclusively
establish its right to withhold documents that were responsive to Beckcom’s
request for information about its DEI initiatives. Here, the University has
84
Draughton, 631 S.W.3d at 91.
85
See, e.g., Mack Trucks, Inc. v. Tamez, 206 S.W.3d 572, 582 (Tex. 2006).
86
See, e.g., M.D. Anderson Hosp. & Tumor Inst. v. Willrich, 28 S.W.3d 22, 23 (Tex. 2000).
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never disputed that Beckcom’s request complied with the Act’s procedural
requirements. As noted at the outset of this brief, the Public Information Act
authorizes a requestor to “file suit [in a district court] for a writ of
mandamus compelling a governmental body to make information available
for public inspection” when it refuses to ask the Attorney General for a
decision.87 And when determining whether the University made such a
request from the Attorney General, the evidence in the record reveals:
¾ The University informed the Attorney General that it believed
that Beckcom’s requests were covered by one of the Attorney
General’s previous decisions;88
¾ The previous decision on which the University relied was not
issued in response to one of Beckcom’s requests;89
¾ The Attorney General made its previous decision after
reviewing only a “representative sample” of responsive
documents that the University submitted for review;90
¾ The Attorney General’s previous decision specifically stated
that it “does not authorize the withholding of any other
requested records to the extent that those records contain
substantially different types of information than that submitted
87
Tex. Gov’t Code § 552.321(a).
88
App’x 1644 (citing Tex. Atty. Gen. OR2024-004322).
89
App’x 1647 (noting that the University was seeking a decision from the Attorney
General regarding a request with an internal reference number that is not identified on
any other document in the record).
90
App’x 1647.
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to this office;”91
¾ The University’s plea did not include any evidence addressing
the substance of the previous request, the contents of the
“representative sample” that it provided to the Attorney
General when seeking that request, or an explanation of how the
evidence was the same or similar to the information that was
responsive to Beckcom’s requests;
¾ The University never submitted any records to the district court
for an in camera inspection; and therefore,
¾ The district court did not (because it could not) make any
finding as to whether the “representative sample” of
documents that the University submitted to the Attorney
General when obtaining the previous decision were
“representative” or “substantially different” from documents
responsive to Beckcom’s request.
Accordingly, when the evidence in the record is viewed through the requisite
standard of review, this Court should conclude that the University did not
“conclusively establish” that it asked the Attorney General for a decision as
to whether any exception applied to documents that were responsive to
Beckcom’s request for documents related to DEI initiatives.92 And because
the Act requires this Court to presume that the information Beckcom
91
App’x 1647.
92
App’x 1643–46. Although this letter did ask the Attorney General for a decision on
certain portions of Beckcom’s request, it advised the Attorney General in a separate letter
sent four days later that it “changed its position” and no longer sought a decision. Id. at
1802.
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requested is subject to required public disclosure,93 it should conclude that
the district court erred when tacitly concluding that—as a matter of law—
Beckcom was not entitled to pursue mandamus relief with respect to this
request.
2. There is a genuine factual dispute as to whether the University
may rely on the “student-records exception” to Beckcom’s
request for information about the “Squadron 17” investigation.
For similar reasons, this Court should also conclude that the
University failed to conclusively establish its right to withhold documents
that were responsive to Beckcom’s request for information about its
“Squadron 17” investigation. Again, the University has never argued that
Beckcom did not follow the required procedures to trigger its responsibilities
under the Act. Instead, the University argues that its evidence demonstrates
that its records custodian had sufficient personal knowledge to form a
“good-faith belief” that Beckcom “knows the identities of the students to
whom the ‘Squadron 17’ documents relate.”94 And based on this “good-
faith belief,” the University invoked the exception in the Act that applies to
93
Tex. Gov’t Code § 552.302.
94
App’x 2780.
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“records, files, documents, and other materials” that “contain information
directly related to a student [or an applicant].”95 In sum, the University’s
arguments reflect its belief that its decision to withhold documents from
Beckcom without seeking a decision from the Attorney General is not subject
to judicial review.96
But the University’s claims of having a “good-faith belief” about what
Beckcom knows are unsubstantiated and Texas courts have long held that
conclusory assertions in an affidavit or declaration are—as a matter of law—
“not evidence.”97 Here, the University’s argument ultimately turns on the
declaration of its records custodian, which only provides the following
information regarding the source of her “good-faith belief”:
¾ She was “involved in” the University’s response to Beckcom’s
request about the “Squadron 17” investigation;
¾ While collecting information responsive to Beckcom’s request,
“it was determined” that Beckcom served as a legal
representative to “at least one student involved in the
investigation” and has a child who was a current member of
“the outfit;”
95
Tex. Gov’t Code § 552.114(a); 20 U.S.C. § 1232g(a)(4)(A) (emphasis added).
96
GateHouse Media, 711 S.W.3d at 665.
97
See, e.g., Bugle Shipping Co. Ltd. v. Sheikh, No. 14-22-00470-CV, 2023 WL 7034213, at
*4 (Tex. App.—Houston [14th Dist.] Oct. 26, 2023, no pet.).
- 33 -
¾ Based on the “determination” that Beckcom “represented”
other students, it concluded that Beckcom “had knowledge of
the underlying facts and associated conduct allegations” and
“knows the identities of the students to whom the ‘Squadron
17’ investigation documents relate.”98
There is nothing in the records custodian’s declaration, however, that
provides any factual basis for how the University “determined” that
Beckcom represented anyone involved in its investigation. It also does not say
who took part in making this “determination,” nor does it identify any
information the that the “determining” party (or parties) considered. And it
does not claim to have made any efforts to substantiate this determination.
Accordingly, to the extent the University’s “good-faith belief” about
Beckcom’s knowledge is based on this unexplained “determination,” the
opinion is conclusory and cannot support a summary judgment.
Moreover, and assuming—without conceding—that it is necessary for
this Court to look to the evidence that Beckcom provided when considering
whether the University conclusively established its “good-faith belief,”
Beckcom’s declaration specifically denied the University’s allegation that he
ever “represented” any member of “Squadron 17”—including his own
98
App’x 2783–84.
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son.99 The University did not file any objection to Beckcom’s declaration,
nor did it offer any legal authority in a reply brief or at the hearing to suggest
that this contradiction does not demonstrate a genuine factual dispute.
Finally, regardless of the source of the information supporting the
University’s “good-faith belief,” the statutory exception on which it relies
only covers “records, files, documents, and other materials” that “contain
information directly related to a student.”100 Here, there is no dispute that the
University did not ask the district court to conduct an in camera review of
any information that would allow it to conclude—as a matter of law—that
the 46-pages of withheld documents that satisfied the statute’s direct-
relationship requirement. And although the University directed the district
court to a recent Texas Supreme Court decision holding that it was not
required to seek a decision from the Attorney General when a student’s
confidential information is the subject of the request,101 it did not (and cannot)
cite to any provision of the Public Information Act—nor any case
interpreting it—that prohibits a district court from conducting an in camera
99
App’x 2794.
100
Tex. Gov’t Code § 552.114(a); 20 U.S.C. § 1232g(a)(4)(A) (emphasis added).
101
App’x 34, 2777–80 (citing GateHouse Media, 711 S.W.3d at 665).
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review of information to determine whether this exception applies to the
information that a public university seeks to withhold. Beckcom respectfully
submits that this case should not be the first.
In sum, when the evidence in the record is viewed through the
requisite standard of review, this Court should conclude that the University
did not “conclusively establish” that the Public Information Act permits it to
unilaterally withhold responsive information about the “Squadron 17”
investigation without asking the Attorney General if an exception applies.
And because the Act requires this Court to presume that information
Beckcom requested is subject to required public disclosure,102 it should
conclude that the district court erred when tacitly concluding that—as a
matter of law—Beckcom was not entitled to pursue mandamus relief with
respect to this request as well.
Conclusion
This Court should reverse the district court’s judgment and remand
this case to the district court for further proceedings consistent with its
opinion.
102
Tex. Gov’t Code § 552.302.
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Respectfully submitted,
s/ Matthew J. Kita
Matthew J. Kita
Texas Bar No. 24050883
3110 Webb Avenue, Suite 150
Dallas, Texas 75205
(214) 699-1863
matt@mattkita.com
Counsel for Appellants
Certificate of Compliance
This brief complies with Texas Rule of Appellate Procedure 9.4(i)
because it contains 5,086 words (excluding the parts of the brief exempted by
this rule).
Signed this 17th day of November, 2025.
s/ Matthew J. Kita
Matthew J. Kita
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Automated Certificate of eService
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The filer served this document via email generated by the efiling system
on the date and to the persons listed below. The rules governing
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Matthew Kita on behalf of Matthew Kita
Bar No. 24050883
matt@mattkita.com
Envelope ID: 108145218
Filing Code Description: Brief Requesting Oral Argument
Filing Description: Appellant's Brief
Status as of 11/18/2025 7:21 AM CST
Case Contacts
Name BarNumber Email TimestampSubmitted Status
Matthew J.Kita matt@mattkita.com 11/17/2025 5:04:59 PM SENT
Jason T.Contreras jason.contreras@oag.texas.gov 11/17/2025 5:04:59 PM SENT
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