BILL ANALYSIS

Senate Research Center	S.B. 1219
88R7851 MCK-D	By: Kolkhorst
	Business & Commerce
	3/15/2023
	As Filed

AUTHOR'S / SPONSOR'S STATEMENT OF INTENT

Currently, the Texas Public Information Act provides a variety of exceptions from disclosure for certain requests, including some security-related measures. However, there are no current exceptions for fraud deterrence and detection and counterterrorism. There is great risk in not protecting from disclosure state agencies� methods for countering criminal activity.

In recent years, some state agencies have faced increased levels of attempted fraud. As those agencies have combatted that fraudulent activity, they have also tried to ensure their detection and deterrence methods are not made public. If they were to be made public, criminal actors would have the "playbook" of how to better scheme against agency programs. Specifically, the Texas Workforce Commission faced significant hurdles in combatting fraudulent unemployment claims, leading them to further develop their existing strategies and methods for identifying and fighting fraud.

Furthermore, if information regarding the efforts by the state and state agencies to combat counterterrorism, secure state facilities, or address related matters were to find their way into the public sphere, nefarious individuals would have methods to harm the state, its resources, and its people.

As proposed, S.B. 1219 amends current law relating to the confidentiality of fraud detection and deterrence and counterterrorism information under the public information law.

RULEMAKING AUTHORITY

This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency.

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Subchapter C, Chapter 552, Government Code, by adding Section 552.163, as follows:

Sec. 552.163. EXCEPTION: CONFIDENTIALITY OF INFORMATION REGARDING FRAUD DETECTION AND DETERRENCE MEASURES AND COUNTERTERRORISM MEASURES. Provides that information in the custody of a governmental body that relates to fraud detection and deterrence measures or counterterrorism measures is confidential and excepted from the requirements of Section 522.021 (Availability of Public Information).

SECTION 2. Effective date: September 1, 2023.