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.