HBA-EDN H.B. 866 77(R) BILL ANALYSIS Office of House Bill AnalysisH.B. 866 By: Dutton State Affairs 2/28/2001 Introduced BACKGROUND AND PURPOSE For many years, Texas courts and the attorney general interpreted the open records law to only permit the withholding of active or pending law enforcement files. The open records law was interpreted to require the disclosure of information contained in closed files to the extent that release of such information would not unduly interfere with law enforcement. In 1996, the Texas Supreme Court rejected this interpretation, finding in Holmes v. Morales that the law enforcement exception in the open records law permitted law enforcement agencies to withhold both active and closed files. Consequently, law enforcement agencies are no longer required to permit inspection of such records, even if the case has been closed. The supreme court stated in its decision that it is the responsibility of the legislature to impose restrictions, if any, on the language of the open records law. House Bill 866 authorizes the release of information contained in closed files if the release of such information would not unduly interfere with law enforcement. 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. ANALYSIS House Bill 866 amends the Government Code to remove conditions for exemption from the public information requirement for information or an internal record or notation that deals with the detection, investigation, or prosecution of a crime that is held by a law enforcement agency or prosecutor. The change provides that only information held by a law enforcement agency or prosecutor that deals with the detection, investigation, or prosecution of crime or an internal record or notation of a law enforcement agency or prosecutor that is maintained for internal use in matters relating to law enforcement or prosecution is exempt if release of the information or internal record or notation would unduly interfere with law enforcement, or the detection, investigation, or prosecution of crime. EFFECTIVE DATE September 1, 2001.