SRC-BWC S.B. 839 77(R)   BILL ANALYSIS


Senate Research Center   S.B. 839
77R7237 JD-FBy: Wentworth
State Affairs
3/6/2001
As Filed


DIGEST AND PURPOSE 

Information on caves is collected by a number of private volunteer groups.
These groups often make site-specific data available to public agencies on
request but these groups have been reluctant to provide regional
information because of the sensitive nature of the data and the Public
Information Act. If the public discovers the location of the caves, the
result may be the destruction of bat colonies, looting of archaeological
and paleontological sites, and the destruction of delicate cave formations.
Once the government obtains the cave data, it is then subject to a public
information request.  As proposed, S.B. 839 provides an exemption from the
Public Information Act for information regarding the location of caves as
defined by the Natural Resources Code. 

RULEMAKING AUTHORITY

This bill does not expressly grant any additional rulemaking authority to a
state officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Chapter 552C, Government Code, by adding Section
552.137, as follows: 

Sec. 552.137.  EXCEPTION:  INFORMATION RELATING TO LOCATION OF CAVES.
Defines "cave" and "owner."  Provides that information is excepted from the
requirements of Section 552.021 if it is information that identifies the
location of a cave in this state.  Provides that this subsection does not
apply to a cave that is regularly open to the public on the payment of an
admission charge.  Authorizes information excepted from disclosure to be
disclosed if the owner consents to the disclosure, and authorizes the owner
to restrict the manner of disclosure and the person or persons to whom the
disclosure may be made. Requires, if the state is the owner, for the
consent to disclosure of information excepted from disclosure to be in
writing and made by certain individuals. 

SECTION 2.  Effective date:  September 1, 2001.