HBA-DMD H.B. 1353 76(R)BILL ANALYSIS


Office of House Bill AnalysisH.B. 1353
By: Deshotel
Public Safety
7/27/1999
Enrolled



BACKGROUND AND PURPOSE 

Prior to the 76th Legislature, information collected for disaster planning
purposes by certain governmental agencies was allowed to be accessed under
an open record request. H.B. 1353 provides that certain information related
to physically or mentally disabled individuals or other medically fragile
individuals is confidential and is excepted from required public
disclosure. This bill specifies which persons and entities must maintain
confidentiality of certain records for physically or mentally disabled
individuals or other medically fragile individuals. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

SECTION BY SECTION ANALYSIS


SECTION 1.  Amends Subchapter H, Chapter 418, Government Code, by adding
Section 418.175, as follows: 

Sec. 418.175. CERTAIN INFORMATION CONFIDENTIAL. (a) Sets forth that
information relating to physically or mentally disabled individuals or
other medically fragile individuals maintained for the purposes of
emergency management or disaster planning is confidential and is excepted
from the required disclosure under Chapter 552 (Public Information),
Government Code.  

(b) Provides that this section applies to information in the possession of
any person, including the state, a state agency, a political subdivision,
an agency of a political subdivision; or an electric, telecommunications,
gas, or water utility. 

SECTION 2.Emergency clause.
  Effective date: upon passage.