C.S.H.B. 863 78(R)    BILL ANALYSIS


C.S.H.B. 863
By: Kolkhorst
State Affairs
Committee Report (Substituted)



BACKGROUND AND PURPOSE 

Under current law, the addresses, home telephone numbers, social security
numbers and personal family information of current employees of the Texas
Department of Criminal Justice (TDCJ) are protected from disclosure.
Former employees of TDCJ (and/or its predecessor in function) need to have
the same information protected from disclosure from inmates they have
interacted with on a daily basis.  Without a change in the law, inmates
can access this information and use it to threaten the former employees.
The purpose of C.S.H.B. 863 is to give former employees protection from
disclosure of sensitive personnel information that is similar to the
protection that is now provided to current employees.  

RULEMAKING AUTHORITY

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

ANALYSIS

C.S.H.B. 863 amends Section 552.117 of the Government Code to extend the
exception from disclosure of the home address, home telephone number,
social security number, or any information revealing whether the person
has family members to former employees of the Texas Department of Criminal
Justice, or of the predecessor in function of the department or any
division of the department.  

EFFECTIVE DATE

Upon passage, or, if the Act does not receive the vote necessary for
immediate effect, this Act takes effect September 1, 2003.  The change in
law made by this Act to Section 552.117, Government Code, applies to
information about former employees of the TDCJ or of the predecessor in
function of the department or any of the department's divisions without
regard to whether the information was created or acquired on, before, or
after the effective date of the Act. 


COMPARISON OF ORIGINAL TO SUBSTITUTE

The original bill amended Section 552.1175 of the Government Code to make
confidential information relating to the home address, home telephone
number, social security number, or any information revealing whether the
person has family members, of former employees of TDCJ or of the
predecessor in function of the department or any division of the
department.  The substitute does not amend Section 552.1175.  

The substitute adds language which provides that certain information
relating to a current or former employee of TDCJ or of its predecessor in
function or any of its divisions is excepted from the requirements of
Section 552.021,Government Code, regardless of whether the person complies
with Section 552.024, Government Code.