HBA-PDH H.J.R. 31 76(R)    BILL ANALYSIS


Office of House Bill AnalysisH.J.R. 31
By: Hupp
State Affairs
2/12/1999
Introduced



BACKGROUND AND PURPOSE 

Currently, there is no express right to privacy in the Texas Constitution
or statutes.  The right to privacy that Texas citizens do have exists as
court-created doctrine (as expressed in Texas State Employees Union v.
Texas Department of Mental Health and Mental Retardation, 746 S.W. 2d 203,
(Tex. 1987)) and is subject to change according to subsequent court
rulings.  H.J.R. 31 will not change the existing law, but will make the
existing law as expressed in current case law a part of the Texas
Constitution.  As proposed, H.J.R. 31 requires the submission to the voters
of a constitutional amendment recognizing every individual's right to
privacy and prohibiting the infringement of that right absent a compelling
state interest that may not be achieved in another manner. 

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 Article I, Texas Constitution, by adding Section 8a, to
recognize every individual's right to privacy and prohibit the infringement
of that right without the showing of a compelling state interest that may
not be achieved in a less intrusive and more reasonable manner. 

SECTION 2.  Requires this proposed constitutional amendment to be submitted
to the voters at an election to be held on November 2, 1999.  Sets forth
the required language for the ballot.