IMF S.B. 454 75(R)    BILL ANALYSIS


STATE AFFAIRS
S.B. 454
By: Duncan (Jones, Delwin)
4-10-97
Committee Report (Unamended)



BACKGROUND 

Currently the definitions of "state record," "county record," and "local
government record" do not specifically exclude any records,
correspondence, notes, memoranda, or other documents associated with a
matter conducted under an alternative dispute resolution (ADR) process
that involves state personnel or personnel from any political subdivision
of the state. 

PURPOSE

As proposed, S.B. 454 would expressly exclude any records, correspondence,
notes, memoranda, or other documents associated with a matter conducted
under an ADR procedure that involved state personnel or personnel from any
other political subdivision of the state. 

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 441.031 (5) of the Government Code as follows:

Section 441.031 (5) redefines "state record" to expressly exclude any
records, correspondence, notes, memoranda, or other documents associated
with a matter conducted under an ADR procedure in which personnel of the
state or any political subdivision of the state participated as a party,
an impartial third party, or facilitated as an ADR administrator. 

SECTION 2. Amends Section 441.091 (1) of the Government Code as follows:

Section 441.091 (1) redefines "county record" to expressly exclude any
records, correspondence, notes, memoranda, or other documents associated
with a matter conducted under an ADR procedure in which personnel of the
state or any political subdivision of the state participated as a party
party, an impartial third party, or facilitated as an ADR administrator. 

SECTION 3. Amends Section 201.003 (8) of the Local Government Code as
follows: 

Section 201.003 (8) redefines "local government record" to exclude any
records, correspondence, notes, memoranda, or other documents associated
with a matter conducted under an ADR procedure in which personnel of the
state or any political subdivision of the state participated as a party,
an impartial third party, or facilitated as an ADR administrator. 

SECTION 4. Effective date:  September 1, 1997.

SECTION 5. Emergency clause.