SGN H.B. 1667 75(R)BILL ANALYSIS


CORRECTIONS
H.B. 1667
By: Junell
4-16-97
Committee Report (Unamended)

BACKGROUND 

The Texas Open Records Act, Chapter 552, Government Code, states that as a
matter of policy, people should have access to information about the
affairs of their government and the official acts of their public
officials and employees.  Although part of the Open Records Act exempts
certain personal information contained in personnel files, employee
evaluations and the majority of personnel files are available with the
proper request.   

According to an Attorney General's opinion, records maintained by a
community supervision and corrections department are not records of the
judiciary and are therefore not exempt from the Open Records Act.  Thus,
employee evaluations of community supervision officers may be turned over
to any person making the proper request.  Such a request, and the
subsequent disclosure could interfere with the effective supervision of
defendants and with the proper execution of department duties. 

PURPOSE

H.B. 1667 would clarify that the employee evaluations of community
supervision officers are confidential. 

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 76.006, Government Code by adding Subsection
(f) to provide that a document evaluating the performance of an officer of
the department who supervises defendants placed on community supervision
is confidential. 

SECTION 2:  Emergency clause.