By Marchant                                           H.B. No. 2138
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to the confidentiality of the location or sale price of
 1-3     certain real property sold or purchased by the state.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1. Subchapter D, Chapter 11, Natural Resources Code,
 1-6     is amended by adding Section 11.084 to read as follows:
 1-7           Sec. 11.084.  CONFIDENTIALITY OF CERTAIN INFORMATION RELATED
 1-8     TO PURCHASE OR SALE OF REAL PROPERTY. (a)  Information relating to
 1-9     the location, or purchase price, or sale price of real property
1-10     purchased or sold by or for the School Land Board, Veterans' Land
1-11     Board, land office, or commissioner under authority granted by this
1-12     code is confidential and exempt from disclosure under Chapter 552,
1-13     Government Code, until a formal award of a contract for the
1-14     purchase or sale of the property is executed.  Information that is
1-15     confidential and exempted from disclosure under this subsection
1-16     includes an appraisal, completed report, evaluation, investigation
1-17     conducted for the purpose of locating or determining the purchase
1-18     or sale price of the property, or any report prepared in
1-19     anticipation of purchasing or selling real property.
1-20           (b)  Information that is confidential and excluded from
1-21     disclosure under Subsection (a) is not subject to a subpoena
1-22     directed to the School Land Board, Veterans' Land Board, land
1-23     office, commissioner, attorney general, or governor.
1-24           SECTION 2.  Subchapter Z, Chapter 51, Education Code, is
 2-1     amended by adding Section 51.961 to read as follows:
 2-2           Sec. 51.961.  CONFIDENTIALITY OF CERTAIN INFORMATION RELATED
 2-3     TO PURCHASE OR SALE OF REAL PROPERTY.  (a)  Information related to
 2-4     the location, purchase price, or sale price of real property
 2-5     purchased or sold by or for an institution of higher education, as
 2-6     defined by Section 61.003, is confidential and exempt from
 2-7     disclosure under Chapter 552, Government Code, until a formal award
 2-8     of a contract for the purchase or sale of the property is executed.
 2-9     Information that is confidential and exempted from disclosure under
2-10     this subsection includes an appraisal, completed report,
2-11     evaluation, investigation conducted for the purpose of locating or
2-12     determining the purchase or sale price of the property, or any
2-13     report prepared in anticipation of purchasing or selling real
2-14     property.
2-15           (b)  Information that is confidential and excluded from
2-16     disclosure under Subsection (a) is not subject to a subpoena
2-17     directed to an institution of higher education, its governing
2-18     board, or any officer, agent, or employee of an institution of
2-19     higher education.
2-20           SECTION 3.  This Act takes effect immediately if it receives
2-21     a vote of two-thirds of all the members elected to each house, as
2-22     provided by Section 39, Article III, Texas Constitution.  If this
2-23     Act does not receive the vote necessary for immediate effect, this
2-24     Act takes effect September 1, 2001.