SRC-AMY, MSY S.B. 647 78(R)   BILL ANALYSIS


Senate Research Center   S.B. 647
78R1525 JRD-DBy: Wentworth
Infrastructure Development and Security
3/21/2003
As Filed


DIGEST AND PURPOSE 

Immediately following the terrorist attacks of September 11, 2001, the San
Antonio Water Supply (SAWS) conducted two vulnerability assessments to
identify and correct problem areas.  The Environmental Protection Agency
(EPA) now provides grant assistance to  large publicly and privately owned
drinking water and wastewater systems to develop a vulnerability
assessment, emergency response and operating plan, security enhancement
plans and designs, or a combination of these items. The assessment
determines the most critical assets in a water system and  details their
interrelationships with other assets in the system.  The copy sent to the
EPA is exempt from the Freedom of Information Act, but the assessment is
not exempt from the Texas Open Records Act. 

As proposed, S.B. 647 exempts from the Texas Open Records Act, information
regarding the vulnerability of utility infrastructure or procedures and
plans to mitigate those vulnerabilities.  

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 552C, Government Code, by adding Section
552.141, as follows: 

Sec. 552.141.  EXCEPTION: GOVERNMENT INFORMATION RELATED TO UTILITY
VULNERABILITY.  (a) Defines "utility infrastructure or procedures." 

(b) Exempts from the requirements of Section 552.201 (Availability of
Public Information) information prepared or assembled to assess or
describe the vulnerability of utility infrastructure or procedures or
existing or proposed measures to lessen the vulnerability of utility
infrastructure or procedures from intentional acts of harm 

SECTION 2.  (a) and (b) Makes application of this Act retroactive.

SECTION 3.  Effective date: upon passage or September 1, 2003.