SRC-JFA S.B. 1101 75(R)   BILL ANALYSIS


Senate Research Center   S.B. 1101
By: Wentworth
State Affairs
3-26-97
As Filed


DIGEST 

Currently, the state courts' and the Texas Attorney General's
interpretation of the Texas Open Records Act to except from public
disclosure active or pending law enforcement files and to require the
disclosure of closed or inactive files to the extent release of such
information would not unduly interfere with  law enforcement activities
has been rejected by the Texas Supreme Court.  The high court found that
the law enforcement exception categorically permitted law enforcement
agencies to withhold active or closed files.  As a result of this holding,
Texas law enforcement agencies are no longer required to permit inspection
of such records.  This bill would amend the Texas Open Records Act to
allow the inspection of certain law enforcement records unless such
inspection of such information would unduly interfere with the detection,
investigation, or prosecution of the crime. 

PURPOSE

As proposed, S.B. 1101 authorizes the inspection of certain law
enforcement records unless inspection of such information would unduly
interfere with the detection, investigation, or prosecution of a crime.   

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 552.108, Government Code, by providing that
information held by a law enforcement agency or prosecutor that deals with
the detection, investigation, or prosecution of crime is excepted from the
requirements of Section 552.021 if release of the information would unduly
interfere with the detection, investigation, or prosecution of crime.
Provides that an internal record or notation of a law enforcement agency
or prosecutor that is maintained for internal use in matters relating to
law enforcement or prosecution is excepted from the requirements of
Section 552.021 if release of the internal record or notation would unduly
interfere with law enforcement or prosecution.   

SECTION 2. Makes application of this Act retroactive. 

SECTION 3. Emergency clause.
  Effective date: upon passage.