1-1     By:  Wentworth                                        S.B. No. 1101

 1-2           (In the Senate - Filed March 10, 1997; March 13, 1997, read

 1-3     first time and referred to Committee on State Affairs;

 1-4     April 4, 1997, reported favorably by the following vote:  Yeas 13,

 1-5     Nays 0; April 4, 1997, sent to printer.)

 1-6                            A BILL TO BE ENTITLED

 1-7                                   AN ACT

 1-8     relating to access to certain law enforcement and prosecutorial

 1-9     records under the open records law.

1-10           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

1-11           SECTION 1.  Section 552.108, Government Code, is amended to

1-12     read as follows:

1-13           Sec. 552.108.  EXCEPTION:  CERTAIN LAW ENFORCEMENT AND

1-14     PROSECUTORIAL INFORMATION.  (a)  Information held by a law

1-15     enforcement agency or prosecutor that deals with the detection,

1-16     investigation, or prosecution of crime is excepted from the

1-17     requirements of Section 552.021 if release of the information would

1-18     unduly interfere with the detection, investigation, or prosecution

1-19     of crime.

1-20           (b)  An internal record or notation of a law enforcement

1-21     agency or prosecutor that is maintained for internal use in matters

1-22     relating to law enforcement or prosecution is excepted from the

1-23     requirements of Section 552.021 if release of the internal record

1-24     or notation would unduly interfere with law enforcement or

1-25     prosecution.

1-26           SECTION 2.  The change in law made by this Act to Section

1-27     552.108, Government Code, applies to information, records, and

1-28     notations collected, made, assembled, or maintained on, before, or

1-29     after the effective date of this Act.

1-30           SECTION 3.  The importance of this legislation and the

1-31     crowded condition of the calendars in both houses create an

1-32     emergency and an imperative public necessity that the

1-33     constitutional rule requiring bills to be read on three several

1-34     days in each house be suspended, and this rule is hereby suspended,

1-35     and that this Act take effect and be in force from and after its

1-36     passage, and it is so enacted.

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