HBA-PDH H.B. 1379 76(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 1379
By: Allen
Corrections
2/22/1999
Introduced



BACKGROUND AND PURPOSE 

Currently, an inmate can obtain sensitive information about other inmates
through open records requests by friends and family.  This creates problems
in a prison environment because an inmate with this information can use it
to compromise the safety or independence of another inmate.  H.B. 1379
codifies current Texas Department of Criminal Justice policy by creating an
exception to the Public Information Act by prohibiting the disclosure of
certain sensitive information about inmates. The bill does allow 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) Provides that information is excepted
from the requirements of Section 552.021(Availability of Public
Information), Government Code, if it is information about an inmate of the
Texas Department of Criminal Justice that relates to the inmate's medical,
psychiatric, or psychological condition or the treatment of one of those
conditions; the inmate's educational attainments, intelligence quotient,
trust fund account, social history, known enemies, disciplinary record,
next of kin, or home address; or a use-of-force incident involving the
inmate that is still under investigation. 

(b)  Provides that Sections 552.023 (Special Right of Access to
Confidential Information), 552.229 (Consent to Release Information Under
Special Right of Access), and 552.307(Special Right of Access; Attorney
General Decisions), Government Code, apply to information described by
Subsection (a) that is requested by an inmate or an authorized
representative of an inmate to whom the information relates. 

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 Sections
508.313 (relating to confidential information in the parole context) and
552.131, Government Code, information about an inmate of the Texas
Department of Criminal Justice 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.