HBA-MPM, ATS, PDH H.B. 1379 76(R)BILL ANALYSIS Office of House Bill AnalysisH.B. 1379 By: Allen Corrections 8/11/1999 Enrolled BACKGROUND AND PURPOSE Prior to the 76th Legislature, an inmate could obtain sensitive information about other inmates through open records requests by friends and family. This created problems in a prison environment because an inmate with this information could use it to compromise the safety or independence of another inmate. H.B. 1379 establishes an exception to the Public Information Act by prohibiting the disclosure of certain sensitive information about inmates who are confined in a facility operated by or under a contract with the Texas Department of Criminal Justice. This bill allows the continued release of information relating to certain descriptive facts about an inmate or the inmate's offense, conviction, or confinement. 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 C, Chapter 552, Government Code, by adding Section 552.131, as follows: Sec. 552.131. EXCEPTION: CERTAIN INFORMATION RELATING TO INMATE OF DEPARTMENT OF CRIMINAL JUSTICE. (a) Excepts from the requirements of Section 552.021(Availability of Public Information), Government Code, information obtained or maintained by the Texas Department of Criminal Justice (department) if it is information about an inmate who is confined in a facility operated by or under a contract with the department, except as provided by Subsection (b) or by Section 552.029. (b) Provides that proposed Section 552.131(a) does not apply to statistical or other aggregated information relating to inmates confined in one or more facilities operated by or under a contract with the department, or information about an inmate sentenced to death. (c) Provides that this section does not affect whether information is considered confidential or privileged under Section 508.313 (Confidential Information), Government Code. (d) Provides that a release of information described in Subsection (a) to an eligible entity, as defined by Section 508.313(d), Government Code, for a purpose related to law enforcement, prosecution, corrections, clemency, or treatment, is not considered release of information to the public for purposes of Section 552.007 (Voluntary Disclosure of Certain Information When Disclosure Not Required), Government Code, and does not waive the right to assert in the future that the information is excepted from required disclosure under this section or other law. Section 508.313(d) defines "eligible entity" as a government agency, including the office of a prosecuting attorney; an organization with which the department contracts or an organization to which the department provides a grant; or an organization to which inmates are referred for services by the department. SECTION 2. Amends Subchapter B, Chapter 552, Government Code, by adding Section 552.029, as follows: Sec. 552.029. RIGHT OF ACCESS TO CERTAIN INFORMATION RELATING TO INMATE OF DEPARTMENT OF CRIMINAL JUSTICE. Provides that notwithstanding Section 508.313 or 552.131, Government Code, information about an inmate who is confined in a facility operated by or under a contract with the department is subject to required disclosure under Section 552.021, Government Code, if the information sought relates to certain descriptive facts about an inmate or the inmate's offense, conviction, or confinement. SECTION 3. Amends Section 508.313, Government Code, by adding Subsection (f), to provide that this section does not apply to information that is subject to required public disclosure under Section 552.029, Government Code. SECTION 4.Emergency clause. Effective date: upon passage.