SRC-ARR S.B. 57 76(R) BILL ANALYSIS
Senate Research Center S.B. 57
76R1482 JD-DBy: Harris
State Affairs
2/15/1999
As Filed
DIGEST
Currently, Texas law provides an exception to the Public Information Act
for information requests relating to pending or reasonably anticipated
litigation involving the government agency of which the information is
requested. Confusion has arisen regarding the date upon which the
litigation exception can be invoked. S.B. 57 would clarify that the
litigation exception to the Public Information Act is applied based on
pending or reasonably anticipated litigation on the actual date of an open
records request.
PURPOSE
As proposed, S.B. 57 relates to the exception from required disclosure
under the public information law of information relating to litigation.
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 Section 552.103, Government Code, by adding Subsection
(c), to provide that information relating to litigation involving a
governmental body is excepted from disclosure only if the litigation is
pending or reasonably anticipated on the date the information is requested.
SECTION 2. Emergency clause.
Effective date: upon passage.