SRC-JJJ, C.S.H.B. 1379 76(R)BILL ANALYSIS


Senate Research CenterC.S.H.B. 1379
76R115512 EBy: Allen (Armbrister)
Criminal Justice
5/13/1999
Committee Report (Substituted)


DIGEST 

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. C.S.H.B. 1379
would establish restrictions regarding the information about an inmate of
the Texas Department of Criminal Justice that is subject to public
disclosure or excepted from public disclosure. 
 
PURPOSE

As proposed, C.S.H.B. 1379 establishes restrictions regarding the
information about an inmate of the Texas Department of Criminal Justice
that is subject to public disclosure or excepted from public disclosure. 

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 Chapter 552C, Government Code, by adding Section
552.131, as follows: 

Sec. 552.131.  EXCEPTION: CERTAIN INFORMATION RELATING TO INMATE OF
DEPARTMENT OF CRIMINAL JUSTICE.  Provides that information obtained or
maintained by the Texas Department of Criminal Justice (TDCJ) is excepted
from the requirements of Section 522.021 if it is information about an
inmate who is confined in a facility operated by or under a contract with
TDCJ, with exceptions.  Establishes conditions for which Subsection (a)
does not apply.  Provides that this section does not affect whether
information is considered confidential or privileged under Section 508.313.
Provides that the release of certain information is not considered a
release of information to the public for purposes of Section 552.007 and
does not waive the right to assert in the future that the information is
expected from required disclosure under this section or other law. 

SECTION 2.  Amends Chapter 552B, Government Code, by adding Section
552.029, as follows: 

Sec. 522.029.  RIGHT OF ACCESS TO CERTAIN INFORMATION RELATING TO INMATE OF
DEPARTMENT OF CRIMINAL JUSTICE.  Sets forth information subject to required
disclosure about an inmate who is confined in a facility operated by or
under a contract with TDCJ, with certain exceptions. 
 
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. 

SECTION 4.  Emergency clause.
  Effective date: upon passage.