SRC-DBM S.B. 1042 76(R)   BILL ANALYSIS


Senate Research Center   S.B. 1042
By: Wentworth
State Affairs
4/7/1999
As Filed


DIGEST 

The Senate Interim Committee on Public Information recommended that the
Office of the Attorney General should be given the authority to issue a
"previous determination" to indicate that certain information is subject to
the disclosure requirements of the Public Information Act because of a
previous determination on similar records.  The attorney general already
has the authority to issue decisions indicating that information has been
held to be exempt from the Public Information Act.  S.B. 1042 would
prohibit a governmental body from asking for a decision from the attorney
general about whether information requested under this chapter is within an
exception under Subchapter C, Government Code, if the governmental body has
previously requested and received a determination from the attorney general
concerning the precise information at issue in a pending request; or a
previous determination by a court or the attorney general has been made
regarding a specific, clearly delineated category of information to which
the requested information belongs. 

PURPOSE

As proposed, S.B. 1042 regulates requests for attorney general decisions
under the public information law. 

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 552.301, Government Code, by adding Subsection
(c), to prohibit a governmental body from asking for a decision from the
attorney general about whether information requested under this chapter is
within an exception under Subchapter C if the governmental body has
previously requested and received a determination from the attorney general
concerning the precise information at issue in a pending request; or a
previous determination by a court or the attorney general has been made
regarding a specific, clearly delineated category of information to which
the requested information belongs.  Effective date:  90 days after
adjournment.