IMF H.B. 1002 75(R)BILL ANALYSIS


STATE AFFAIRS
H.B. 1002
By: Dutton
4-3-97
Committee Report (Unamended)



BACKGROUND 

For 20 years, state courts and the Texas attorney general have interpreted
the Open Records Act to allow for the withholding of active or pending law
enforcement files.  The Open Records Act had also been interpreted to
require the disclosure of closed files, to the extent release of such
information would not unduly interfere with law enforcement. In June 1996,
in Holmes v. Morales, the Texas Supreme Court rejected this
interpretation, finding that the law enforcement exception categorically
permitted law enforcement agencies to withhold both active and closed
files. As a result, Texas law enforcement agencies are no longer required
to permit inspection of such records, even if a case has been closed
because prosecution has been declined, dismissed, or completed.  Part of
the court's ruling suggested that the Legislature closely examine the
issue of whether or not to impose restrictions on the Open Records Act. 

PURPOSE

This bill proposes to return the law on the exception for law enforcement
records (both investigative information and internal records) to its
interpretation prior to the Holmes v. Morales decision.  This would permit
inspection of records held by Texas law enforcement agencies in cases that
have been closed because prosecution has been declined , dismissed, or
completed, as long as disclosure would not unduly interfere with law
enforcement. 

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 Title 5, Chapter 552 Government Code as follows:

 Sec. 552.108. Law enforcement records exception is amended by adding
language in  subsection (a)   "if release of the information would unduly
interfere with the detection,  investigation, or prosecution of crime" and
subsection (b) "if release of the internal  record or notation would
unduly  interfere with the law enforcement or prosecution."  

SECTION 2. Applies to information collected on, before, or after the
effective date. 

SECTION 3. Emergency Clause.  Effective date:  upon passage.