Suspending limitations on conference committee
jurisdiction, H.B. No. 1718
By ____________________ H.R. No. ____
74R14375 MRB-D
R E S O L U T I O N
1-1 BE IT RESOLVED by the House of Representatives of the State
1-2 of Texas, 74th Legislature, Regular Session, 1995, That House Rule
1-3 13, Section 9(a), be suspended in part as provided by House Rule
1-4 13, Section 9(f), to enable the conference committee appointed to
1-5 resolve the differences on House Bill No. 1718 to consider and
1-6 take action on the following matters:
1-7 (1) House Rule 13, Section 9(a)(2), is suspended to permit
1-8 the committee to omit text that is not in disagreement in Section
1-9 552.103, Government Code. The omitted text reads:
1-10 Sec. 552.103. EXCEPTION: LITIGATION OR SETTLEMENT
1-11 NEGOTIATIONS INVOLVING THE STATE OR A POLITICAL SUBDIVISION. (a)
1-12 Information is excepted from the requirements of Section 552.021 if
1-13 the attorney general or the attorney of the political subdivision
1-14 has determined that the information should be withheld from public
1-15 inspection, and it is information created:
1-16 (1) in anticipation of <relating to> litigation of a
1-17 civil or criminal nature <or settlement negotiations,> to which the
1-18 state or a political subdivision is or may be a party or to which
1-19 an officer or employee of the state or a political subdivision, as
1-20 a consequence of the person's office or employment, is or may be a
1-21 party; or <and>
1-22 (2) for the purpose of settlement negotiations to
1-23 which the state or a political subdivision is a party or to which
2-1 an officer or employee of the state or a political subdivision, as
2-2 a consequence of the person's office or employment, is a party
2-3 <that the attorney general or the attorney of the political
2-4 subdivision has determined should be withheld from public
2-5 inspection>.
2-6 (b) A determination by the attorney of the political
2-7 subdivision that the information should be withheld from public
2-8 inspection does not relieve the political subdivision of its
2-9 obligation to seek an attorney general decision under Section
2-10 552.301.
2-11 (c) For purposes of this section, the state or a political
2-12 subdivision is considered to be a party to litigation of a criminal
2-13 nature until the applicable statute of limitations has expired or
2-14 until the defendant has exhausted all appellate and postconviction
2-15 remedies in state and federal court.
2-16 (e) Information under this section includes the work product
2-17 of an attorney. Protection for the work product of an attorney
2-18 does not terminate on the conclusion of the litigation for which it
2-19 was created.
2-20 Explanation: This change is necessary to continue in effect
2-21 the current law regarding information related to litigation.
2-22 (2) House Rule 13, Sections 9(a)(1) and (2), are suspended
2-23 to permit the committee to change and omit text that is not in
2-24 disagreement so that Section 552.321, Government Code, may be
2-25 amended to read as follows:
3-1 Sec. 552.321. Suit for Writ of Mandamus. A requestor
3-2 <person requesting information> or the attorney general may file
3-3 suit for a writ of mandamus compelling a governmental body to make
3-4 information available for public inspection if the governmental
3-5 body refuses to request an attorney general's decision as provided
3-6 by Subchapter G or refuses to supply public information or
3-7 information that the attorney general has determined is <a> public
3-8 information <record>.
3-9 Explanation: This change is necessary to continue in effect
3-10 the current law regarding suits to make information available
3-11 through a writ of mandamus and omit unnecessary proposed
3-12 procedures.
3-13 ¯BEGCAPTIONÆ
3-14 Suspending limitations on conference committee jurisdiction, H.B.
3-15 1718.
3-16 ¯ENDCAPTIONÆ