SRC-AMY S.B. 762 78(R)   BILL ANALYSIS


Senate Research Center   S.B. 762
78R6642 JD-DBy: Lindsay
Infrastructure Development and Security
3/20/2003
As Filed


DIGEST AND PURPOSE 

In the wake of the terrorist attacks of September 11, 2001, Texas public
health institutions have been required to maintain a heightened level of
preparedness.  Health institutions are among the first responders to any
attack, and their ability to provide critical services to individuals in
many ways lessens the overall impact of an attack.  It is essential that
the public health infrastructure be able to maintain well-developed and
detailed security plans for the protection of critical response
components. If a bad actor were to obtain the information in a public
health entity's security plans, the information could be used to foil any
response effort to an attack.   

As proposed, S.B. 762 allows the board of a hospital district or municipal
hospital to meet in a closed meeting when deliberating the details or
occasions for implementing security plans.  The bill also exempts a
hospital district, municipal hospital, or county health department from
disclosing security plans under the Public Information 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 Chapter 551D, Government Code, by adding Section
551.090, as follows: 

Sec.  551.090.  DELIBERATIONS OF GOVERNING BOARD OF MUNICIPAL HOSPITAL OR
HOSPITAL DISTRICT RELATING TO CERTAIN SECURITY PLANS. Exempts the
governing board of a municipal hospital or hospital district  created
under general or local law from conducting an open meeting to deliberate
on a security plan that protects the hospital facilities or operations
from terrorism. 

SECTION 2.  Amends Chapter 552C, Government Code, by adding Section
552.145, as follows: 

Sec. 552.145.  EXCEPTION: CERTAIN SECURITY PLANS OF MUNICIPAL HOSPITAL,
HOSPITAL DISTRICT, OR HEALTH DEPARTMENT.  Exempts from Section 552.021
(Availability of Public Information), information relating to a security
plan to protect a municipal hospital, hospital district, or county health
department from terrorism. 

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