GEC H.B. 3279 75(R)    BILL ANALYSIS


BUSINESS & INDUSTRY
H.B. 3279
By: Counts
3-28-97
Committee Report (Unamended)



BACKGROUND 

Information contained in various types of files compiled and maintained by
the Texas Workers' Compensation Commission ("commission") is made
confidential by numerous statutory provisions, including but not limited
to those addressing confidentiality of claim files  and investigatory
files.  Unlike other state agencies, these confidentiality provisions
affect almost all information requested from the commission.  To comply
with statutory mandates, the commission must edit a significant amount of
material from voluminous information prior to making requested copies or
providing access to the information.  For paper records, this requires
that a copy of the original document be made, the information confidential
by law be redacted, or blacked out, on that copy, and that a new copy be
made from the redacted version so the original text cannot be read from
the reverse side of the paper.  This is done at great cost to the agency
that is currently not recovered.  This bill will not affect claimants
seeking access to or copies of their own claim files, as no redaction of a
claim file is required prior to allowing a claimant access to or copies of
his or her own claim file. 

PURPOSE

The purpose of this bill is to allow the commission to recover the costs
of providing this service, as is already allowed by statute for providing
redacted copies of information.  In addition to requiring that the fee be
reasonable, the bill require the charge to conform to the rules of the
General Services Commission that prescribe the method for computing the
charge for copies. 

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:  Allows the commission to charge a reasonable fee for making
available for inspection information that contains confidential
information that must be redacted before it is made available.  Allows the
commission to recover the costs of providing this service, as is already
allowed by statute for providing redacted copies of information.  Requires
the charge to conform to the rules of the General Services Commission that
prescribe the method for computing the charge for copies. 

SECTION 2.  Emergency clause.