H.B. 1027 78(R)    BILL ANALYSIS


H.B. 1027
By: Hupp
State Affairs
Committee Report (Unamended)



BACKGROUND AND PURPOSE 

In a case where there is no prevailing public interest in releasing
identifying information regarding a victim of a violent crime, workplace
privacy and security should prevail.  The National Center for Victims of
Crime has warned that media exposure can often make crime victims feel
further violated and disoriented.  The purpose of House Bill 1027 is to
protect the right to privacy of public employees that have been victims of
violent crime.  

RULEMAKING AUTHORITY

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

ANALYSIS

House Bill 1027 amends Section 552.132 of the Government Code to authorize
an employee of a governmental body who is also a crime victim under
Subchapter B, Chapter 56, Code of Criminal Procedure, regardless of
whether the employee has filed an application for compensation under that
subchapter, to elect whether to allow public access to information held by
the attorney general's office or other governmental body which would
identify or tend to identify the crime victim, including a photograph or
other visual representation of the victim. The bill provides that this
election must be made in writing on a form developed by the governmental
body, be signed by the employee, and must be filed with the governmental
body before the third anniversary of the latest to occur of one of the
following:   (1) the date of the crime, (2) the date employment begins, or
(3) the date the governmental body develops the form and provides it to
its employees.  The bill provides that if the employee fails to make an
election, the identifying information is excepted from disclosure until
the third anniversary of the date the crime was committed.  The bill also
provides in the case of disability, impairment, or other incapacity of the
employee, the election may be made by the guardian of the employee or
former employee. 

EFFECTIVE DATE

Upon passage, or, if the Act does not receive the necessary vote, the Act
takes effect on the 91st day after the last day of the legislative
session.