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.