BILL ANALYSIS H.B. 949 By: Hightower (Turner) Criminal Justice 05-10-95 Senate Committee Report (Unamended) BACKGROUND Currently, Texas inmates are able to receive information through Chapter 551, Government Code (Open Records Act). Through this avenue, inmates have been using information obtained through Chapter 551 to file bogus income tax returns on correctional officers, harass nurses at their home addresses, and send mail to the homes of Texas Department of Criminal Justice employees. Currently, Michigan does not allow inmates access to certain personal information regarding TDCJ employees and their families. PURPOSE As proposed, H.B. 949 provides that a governmental body is not required to comply with a request for information of certain incarcerated individuals. Provides that personal information about an employee of the Texas Department of Criminal Justice or a family member of an employee is privileged from civil discovery by an inmate. RULEMAKING AUTHORITY It is the committee's opinion that this bill does not grant any additional rulemaking authority to a state officer, institution, or agency. SECTION BY SECTION ANALYSIS SECTION 1. Amends Chapter 552B, Government Code, by adding Section 552.027, as follows: Sec. 552.027. REQUEST FOR INFORMATION FROM INCARCERATED INDIVIDUAL. (a) Provides that a governmental body is not required to accept or comply with a request for information from an individual who is imprisoned or confined in a correctional facility. (b) Provides that Subsection (a) does not prohibit a governmental body from disclosing to an individual described by that subsection information held by the governmental body pertaining to that individual. (c) Defines "correctional facility." SECTION 2. Amends Chapter 30, Civil Practice and Remedies Code, by adding Section 30.07, as follows: Sec. 30.07. PERSONAL IDENTIFYING INFORMATION PRIVILEGED FROM DISCOVERY BY INMATE. (a) Provides that certain personal identifying information pertaining to an individual is privileged from discovery by an individual who is imprisoned or confined in any correctional facility if the individual to whom the information pertains is an employee of any correctional facility or related within the first degree by consanguinity or affinity to an individual who is an employee of any correctional facility. (b) Authorizes personal identifying information that is privileged under this section to be discovered by an individual who is imprisoned or confined in a correctional facility only if the incarcerated individual shows good cause to the court for the discovery of the information and the court renders an order that authorizes the discovery of the information. (c) Defines "correctional facility." (d) Prohibits the supreme court from amending or adopting rules in conflict with this section. SECTION 3. Makes application of Section 2 of this Act prospective. SECTION 4. Emergency clause. Effective date: upon passage.