SRC-MAX S.B. 454 75(R)    BILL ANALYSIS


Senate Research CenterS.B. 454
By: Duncan
State Affairs
3-5-97
As Filed


DIGEST 

Currently, the definition of "state record" does not include any records,
correspondence, notes, memoranda, or other documents associated with a
matter conducted under an alternative dispute resolution (ADR) procedure
in which personnel of a state department or institution, local government,
special district, or other political subdivision of the state participated
as a party, facilitated as an impartial third party, or facilitated as the
administrator of a dispute resolution system or organization.  

Increasingly, state, county, and local governments are becoming involved
in ADR processes as either a party or an impartial third party.  As a
result, many state, county, and local government employees have found
themselves faced with a potential conflict between the confidentiality
requirements of Chapter 154, Texas Civil Practice and Remedies Code (Texas
ADR Act) and the records management and archival requirements of the Texas
Government and Local Government Codes. This bill redefines "state record,"
"county record," and "local government record" to alleviate any
discrepancies relating to ADR processes. 

PURPOSE

As proposed, S.B. 454 redefines "state record," "county record," and
"local government record" to include certain information for records
management and archival purposes.. 

RULEMAKING AUTHORITY

This bill does not grant any additional rulemaking authority to a state
officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Section 441.031(5), Government Code, to redefine "state
record." 

SECTION 2. Amends Section 441.091(1), Government Code, to redefine "county
record." 

SECTION 3. Amends Section 201.003(8), Local Government Code, to redefine
"local government record." 

SECTION 4. Effective date:  September 1, 1997.

SECTION 5. Emergency clause.