HBA-DMD S.B. 57 76(R)    BILL ANALYSIS


Office of House Bill AnalysisS.B. 57
By: Harris
State Affairs
4/21/1999
Engrossed



BACKGROUND AND PURPOSE 

Under current Texas law, information requests relating to pending or
reasonably anticipated litigation involving the government agency of which
the information is requested, is excepted from the Public Information Act.
However, there has been confusion regarding the date upon which the
litigation exception may be invoked. S.B. 57 provides that information is
excepted from public disclosure relating to litigation involving a
governmental body or an officer or employee of a governmental body only if
the litigation is pending or reasonably anticipated on the date that the
requestor applies to the officer for public information for access to or
duplication of the information.             
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 Section 552.103, Government Code, by adding Subsection
(c), to provide that information is excepted from public disclosure
relating to litigation involving a governmental body or an officer or
employee of a governmental body only if the litigation is pending or
reasonably anticipated on the date that the requestor applies to the
officer for public information for access to or duplication of the
information.  

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