SRC-AMY, VRA S.B. 81 78(R)   BILL ANALYSIS


Senate Research Center   S.B. 81
78R1416 JRD-DBy: Zaffirini
Veteran Affairs & Military Installations
3/7/2003
As Filed


DIGEST AND PURPOSE 


Currently, federal law encourages veterans to file the military discharge
document, which includes military service information and personal
identification numbers, with their counties of origin.  Under federal law
these documents are considered confidential, but under state law they are
considered open records.  As an open record which anyone can obtain,
concerns have arisen regarding identity theft. County clerks are being
asked to return or destroy the documents, but current law prevents those
actions.  As proposed, S.B. 81 declares military discharge documents
confidential and not subject to the Open Records Act. 

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 Section 192.002, Local Government Code, by adding
Subsection (c) to provide that a military discharge record recorded under
this section is confidential and may be disclosed only in accordance with
Section 552.023 (Special Right of Access to Confidential Information),
Government Code. 

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