SRC-JXG S.B. 1367 76(R)BILL ANALYSIS


Senate Research CenterS.B. 1367
By: Harris
Administration
6/29/1999
Enrolled


DIGEST 

Currently, the open records law allows a legislator to obtain one copy of
any public information without charge. The Texas Legislative Council
(council) conducts investigations, studies, and gathers and disseminates
information for the legislature. The council also  maintains databases of
statistical and demographic information to obtain and correlate information
for legislative policy analysis and development. S.B. 1367 will authorize
legislative agencies and committees to cooperate with the council in
providing information to the extent permitted by state and federal law, and
will entitle the council to obtain appraisal records in electronic form
from appraisal districts.  

PURPOSE

As enrolled, S.B. 1367 authorizes legislative agencies and committees
access to the same information. 

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 552.264, Government Code, to require one copy of
public information that is requested from a state agency by a member,
agency, or committee of the legislature under Section 552.008 to be
provided without charge.  

SECTION 2. Amends Chapter 323, Government Code, by adding Section 323.019,
as follows: 

Sec. 323.019. STATISTICAL AND DEMOGRAPHIC INFORMATION AND STUDIES. (a)
Authorizes the Texas Legislative Council (council) to gather and analyze
information relating to public education and other public services for the
purpose of conducting statistical and demographic research and producing
reports.  

(b) Requires state agencies in each branch of government to cooperate with
the council in the gathering of information and the production of reports
under this section and to provide information as requested by the council
to the maximum extent permitted by state or federal law. 

(c) Entitles the council to collect data from any state agency, including
data that is confidential under state or federal law, in order to develop
and evaluate legislative policy. Authorizes the council to use data
collected for the purpose of matching data from various agencies, in
addition to other uses consistent with this section.  Provides that
confidential data collected by the council does not lose its character as
confidential information because of its collection by the council, and the
providing of that data to the council does not constitute a release of the
information by the state agency.  Provides that employees of the council
are considered state school officials, for the limited purpose of
collecting and matching data subject to 20 U.S.C. Section 1232g or other
federal law governing education records. 

(d) Provides that the council is subject to any federal law governing the
release of or  providing access to any personally identifiable information
to the same extent as the agency from which the data is collected.
Prohibits the council from releasing or distributing the data to any
individual member of the legislature, or to any other person, in a form
that contains personally identifiable information. 

(e) Requires the council and the state agency from which the data is
collected to cooperate in the confidential handling of the data, such as
the encoding, decoding, and reencoding of the information, in collecting
personally identifiable information under this section. Authorizes
personally identifiable information to be used by the council solely for
the purpose of statistical and policy analysis, including data matching,
and to be destroyed immediately when no longer needed for that analysis. 

(f) Authorizes the council to produce and release statistical data that
does not include any personally identifiable information, using information
collected and matched under this section. 

SECTION 3. Amends Section 276.008(a), Election Code, to require the
secretary of state, a county clerk, or county elections administrator, a
city secretary, or a voter registrar to provide without charge to the
council information or data maintained by the appropriate officer relating
to voter  turnout. 

SECTION 4. Amends Chapter 6A, Tax Code, by adding Section 6.14, as follows:

Sec. 6.14. INFORMATION PROVIDED TO TEXAS LEGISLATIVE COUNCIL. Requires an
appraisal district that maintains its appraisal records in electronic
format to provide a copy of the information or data maintained in the
district's appraisal records to the council without charge, on the written
request of the council. Requires the appraisal district to provide the
requested information or data to the council as soon as practicable, but no
later than the 30th day after the date the request is received by the
district. Requires the information or data to be provided in a form
approved by the council. 

SECTION 5. Emergency clause.
           Effective date: upon passage.