SRC-AMY H.B. 1191 78(R)   BILL ANALYSIS


Senate Research Center   H.B. 1191
By: Allen (Wentworth)
Infrastructure Development and Security
4/10/2003
Engrossed


DIGEST AND PURPOSE 

Current Texas law provides that most information collected, assembled, or
maintained by a governmental entity is subject to public disclosure.
However, the threat of terrorism has become an increasing concern.  State
and local emergency managers, law enforcement officials, and other
government entities are growing increasingly concerned that public
disclosure of highly sensitive information could compromise effective
preparedness or response planning.  H.B. 1191 establishes, in specific
areas, what constitutes confidential information, and the circumstances
that authorize disclosure. 

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 418H, Government Code, by adding Sections
418.176-418.182, as follows: 

Sec. 418.176.  CONFIDENTIALITY OF CERTAIN INFORMATION RELATING TO
EMERGENCY RESPONSE PROVIDERS.  (a)  Provides that information is
confidential if the information is collected, assembled, or maintained by
or for a governmental entity for the purpose of preventing, detecting,
responding to, or investigating an act of terrorism or related criminal
activity and meets certain criteria. 

(b) Defines "governmental entity" for this section and Sections
418.177-418.182. 

Sec. 418.177.  CONFIDENTIALITY OF CERTAIN INFORMATION RELATING TO RISK OR
VULNERABILITY ASSESSMENT. Provides that information is confidential if it
meets certain criteria. 

Sec. 418.178.  CONFIDENTIALITY OF CERTAIN INFORMATION RELATING TO
CONSTRUCTION OR ASSEMBLY OF WEAPONS.  (a)  Defines "explosive weapon." 

(b)  Provides that information is confidential if it is information
collected, assembled, or maintained by or for a governmental entity and
meets certain criteria. 

Sec. 418.179.  CONFIDENTIALITY OF CERTAIN ENCRYPTION CODES AND SECURITY
KEYS FOR COMMUNICATIONS SYSTEM.  Provides that information is confidential
if the information meets certain criteria.  

Sec. 418.180.  CONFIDENTIALITY OF CERTAIN INFORMATION PREPARED FOR UNITED
STATES.  Provides that information in the possession of a governmental
entity that was prepared at the request or direction of the United States,
other than financial information, and relates to an act of terrorism or
related criminal activity is confidential. 

Sec. 418.181.  CONFIDENTIALITY OF CERTAIN INFORMATION RELATING TO
CRITICAL INFRASTRUCTURE.  Provides that those documents, or portions of
documents, in the possession of a governmental entity are confidential if
they identify the technical details of particular vulnerabilities to an
act of terrorism described in a vulnerability assessment or other report. 

Sec. 418.182.  DISCLOSURE OF CERTAIN CONFIDENTIAL INFORMATION.  (a)
Provides that this section applies only to information that is
confidential under Sections 418.176-418.181. 

(b) Authorizes, at any time during a state of disaster, the executive or
administrative head of the governmental entity to voluntarily disclose or
otherwise make available all or part of the confidential information to
another person or other entity if the executive or administrative head
believes that the other person or entity has a legitimate need for the
information. 

(c) Provides that the disclosure, or making available of confidential
information, under Subsection (b) does not waive or affect the
confidentiality of the information. 

(d) Provides that a governmental body subject to Chapter 551 is not
required to conduct an open meeting to deliberate information to which
this section applies. Requires the governmental body, notwithstanding
Section 551.103(a) (Certified Agenda or Tape Recording Required),
Government Code, to make a tape recording of the proceedings of a closed
meeting to deliberate the information. 

SECTION 2.  Effective date:  upon passage or September 1, 2003.