H.B. 2032 78(R)    BILL ANALYSIS


H.B. 2032
By: Hochberg
State Affairs
Committee Report (Unamended)



BACKGROUND AND PURPOSE 

In the 77th session of the Texas Legislature, House Bill 2589 was passed
protecting the confidentiality of e-mail addresses used in electronic
communications with government agencies. The language in that legislation
has been read by some agencies, specifically the Office of the Attorney
General, to be more restrictive than intended, preventing agencies from
releasing e-mail addresses on public documents or when sharing information
among themselves.  The purpose of House Bill 2032 is to clarify those
issues. 

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,
agency, or institution. 

ANALYSIS

House Bill 2032 amends Section 552.137 of the Government Code to clarify
that e-mail addresses are not confidential if they are: 

_provided to a governmental body by a person who has a contractual
relationship with the governmental body or by the contractor's agent; 

_provided to a governmental body by a vendor who seeks to contract with
the governmental body or by the vendor's agent; 

_contained in a response to a request for bids or proposals or similar
invitations soliciting offers or information relating to a potential
contract, or provided to a governmental body in the course of negotiating
the terms of the contract or potential contract; or 

_provided to a governmental body on a letterhead, coversheet, printed
document, or other document made available to the public. 

House Bill 2032 also clarifies that a governmental body is not prevented
from disclosing an e-mail address for any reason to another governmental
body or to a federal agency.  

EFFECTIVE DATE

September 1, 2003.