BILL ANALYSIS



H.B. 1538
By: Nixon
04-18-95
Committee Report (Unamended)


BACKGROUND


Currently, under Section 18, Article 42.18, Code of Criminal
Procedure, all information obtained and maintained in connection
with inmates of the institutional division subject to parole,
release to mandatory supervision, or executive clemency, or an
individual who may be on mandatory supervision or parole is
considered confidential.  This information is available to the
governor, members of the parole board, and the Criminal Justice
Policy Council.  However, this information is not available to law
enforcement agencies.  This may be a burden on these agencies since
they are not able to find out information on those they have in
custody regarding whether or not they may be on parole.

PURPOSE

H.B. 1538 would amend Section 18, Article 42.18 to make available
to law enforcement agencies certain information relating to inmates
in the institutional division of the Texas Department of Criminal
Justice.

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly
grant any additional rulemaking authority to a state officer,
department, agency, or institution.

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Section 18, Article 42.18, Code of Criminal
Procedure, to require that confidential information relating to
inmates in the institutional division of the Texas Department of
Criminal Justice also be available to law enforcement agencies.

SECTION 2. Emergency clause.
           Effective date: upon passage.


SUMMARY OF COMMITTEE ACTION

H.B. 1538 was considered by the Committee on Corrections in a
public hearing on April 18, 1995.  The Chair recognized
Representative Nixon to explain the bill.  

The Chair recognized the following persons to testify neutrally on
the bill:
     Robert Kepple, representing the Texas District and County
     Attorneys Association; and
     Carl Reynolds, representing the Texas Board of Criminal
     Justice.

The bill was reported favorably, without amendment, with the
recommendation that it do pass and be printed, by a record vote of
6 ayes, 1 nay, 0 pnv, and 2 absent.