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.