C.S.H.B. 54 78(1)    BILL ANALYSIS


C.S.H.B. 54
By: Swinford
Government Reform
Committee Report (Substituted)



BACKGROUND AND PURPOSE 

A recent opinion issued by the Attorney General ruled that Section
552.022(a)(5), Government Code, applies to the budgetary working papers of
the Governor's office.  This could also be construed to apply to similar
documents prepared by the Legislative Budget Board.  Previously, this
section had been interpreted by state officials to apply to agencies as
they developed plans to expend public funds or request  appropriations
from the legislature. However, with the issuance of the Attorney General's
opinion, all budgetary documents, no matter how theoretical in nature,
are now open to public disclosure.  The author does not dispute the
public's right to access supporting materials for budgets that are
proposed.  However, in the case of the preliminary development by staff of
proposals for consideration by the Governor or the members of the
Legislative Budget Board, the inherent need for frank discussion of
issues, absent calculation of the potential political ramifications of
those proposed policies, outweighs the public's need for access to those
materials.  If the statute is left to be interpreted as the Attorney
General has recently done, it is impossible to think that budget staff
will be able to continue to operate independent of concerns that their
proposals are at constant threat of being scrutinized by the media or a
public who may not always know the context of their recommendations. 

C.S.H.B. 54 adds language to Section 552.022(a)(5) of the Government Code.
This section of the Government Code deals with Categories of Public
Information, and cites examples.  Under (a)(5) the statute is amended to
clarify the distinction between proposals developed by agencies to
dispense public funds or request appropriations and documents developed by
staff of the Governor or the Legislative Budget Board in their efforts to
propose a state budget for consideration before the Legislature.   

C.S.H.B. 54 also amends Section 552.106(a) of the Government Code to
extend an already existing exemption for drafts and working papers
involved in preparation of proposed legislation to those documents
developed under the Governor's Budget Authority and by the Legislative
Budget Board under their authority to develop an Appropriations Bill each
session. 


RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly grant any
additional rulemaking authority to a state officer, department, agency, or
institution. 

ANALYSIS

SECTION 1.  Amends Section 552.022(a)(5), by adding language that provides
for certain documents to be exempted from public disclosure if they are
prepared under Section 322.008, Government Code or Section  401.0445,
Government Code. 

SECTION 2.  Amends Section 552.106(a), Government Code, by adding language
that exempts a draft or working paper involved in preparation of a budget
document or budget proposal by the Office of the Governor or the
Legislative Budget Board from the disclosure requirements of 552.021,
Government Code. 

SECTION 3.  Effective Date.

 EFFECTIVE DATE

Effective immediately if it receives necessary vote.  If the Act does not
receive the necessary vote for immediate effect, it will be effective on
the 91st day after the last day of the legislative session. 


COMPARISON OF ORIGINAL TO SUBSTITUTE

As introduced, HB 54 adds Section 401.0446 to the Government Code.  The
proposed section sets forth a definition for "budgetary working papers"
and then exempts those papers from required public disclosure under
Chapter 552, Government Code and any other law of the state.   

The substitute does not create a new section of the Government Code, but
instead amends Section 552.022 (a)(5), Government Code, as well as Section
552.106 (a), Government Code.