IMF H.B. 2768 75(R)BILL ANALYSIS


STATE AFFAIRS
H.B. 2768
By: Goolsby
5-6-97
Committee Report (Unamended)



BACKGROUND 

The Texas Open Records Act, adopted in 1973, assures public access to all
information in the possession of governmental bodies with certain
enumerated exceptions.  The Texas Open Records Act is a balance by the
legislature to provide public access to government information and the
limited circumstances that exist which support a governmental body not
releasing information to the public.  The Texas Open Records Act is relied
upon by both the general public and state agencies as a guide to the
accessibility of public information.  Informal letter rulings from the
Texas Attorney General's Open Records Division suggest that the Open
Records Act does not apply to the Texas Lottery Commission. 

PURPOSE

As proposed, H.B. 2768 would make all records of the Texas Lottery
Commission subject to open records law, except for security plans and
procedures of the commission and personal information of the lottery
winners. 

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 466.022 of the Government Code to require that
all Texas Lottery Commission records are subject to public inspection as
defined by open records law except for security plans and procedures of
the commission and personal information of lottery winners. 

SECTION 2.  Amends Section 467.104(a) of the Government Code to require
that all Texas Lottery Commission records are subject to public inspection
as defined by open records law. 

SECTION 3.  Amends Section 28 of the Bingo Enabling Act (Article 179d of
V.T.C.S.)  to require that all Texas Lottery Commission records are
subject to public inspection as defined by open records law. 

SECTION 4.  Effective Date:  September 1, 1997.

SECTION 5.  Emergency clause.