HBA-CMT H.B. 3149 77(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 3149
By: Allen
Public Safety
3/28/2001
Introduced



BACKGROUND AND PURPOSE 

Currently, there is no database that compiles information about threats
made against public servants.  Public servants, especially peace officers,
may be subject to retaliation because of the duties they perform.  House
Bill 3149 requires the Department of Public Service to create and maintain
such a database.   

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that rulemaking
authority is expressly delegated to the public safety director in SECTION 1
(Section 411.048, Government Code) of this bill. 

ANALYSIS

House Bill 3149 amends the Government Code to require the bureau of
identification and records to establish and maintain a central index in the
law enforcement information system maintained by the Department of Public
Safety (DPS) to collect and disseminate information about threats against
public servants.  The bill requires a criminal justice agency (agency) to
immediately enter into the information system an electronic report of an
individual who makes a threat to inflict bodily injury on a public servant,
and requires the agency to enter the information in the form and manner
provided by rules adopted by the public safety director (director).   

The bill requires DPS to disseminate information collected on proper
inquiry into the information system to an agency as reasonably necessary to
protect the safety of a public servant.  An individual who is the subject
of the information collected is authorized to request that the director,
the director's designee, or a court review the information to determine
whether the information complies with the rules adopted by the director.
The bill provides that a public servant or agency is not liable for an act
or omission relating to the collection, use, or dissemination of
information collected in accordance with the rules adopted by the director.

The bill authorizes the director to adopt rules to implement and enforce
the provisions of the bill.  The bill provides that information held by a
law enforcement agency or prosecutor that deals with the detection,
investigation, or prosecution of crime is excepted from requirements of the
public information law if it is information relating to a threat against a
public servant collected or disseminated.   

EFFECTIVE DATE

September 1, 2001.