SRC-LBB S.B. 763 78(R)   BILL ANALYSIS


Senate Research Center   S.B. 763
78R6643 JD-DBy: Lindsay
Infrastructure Development and Security
3/20/2003
As Filed


DIGEST AND PURPOSE 

Currently, county commissioners courts and municipal governing bodies do
not have the ability to discuss terrorist response plans in a closed
session or to maintain the confidentiality of those plans.  As proposed,
S.B. 763 allows a county commissioners court or a municipal governing body
to meet in a closed session when deliberating the details or occasions for
implementing a plan to respond to an act of terrorism, and provides an
exception to the public information law to allow certain emergency
response plans to be kept confidential. 

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.  CERTAIN DELIBERATIONS OF COMMISSIONERS COURT OR MUNICIPAL
GOVERNING BODY.  Provides that this chapter does not require a county
commissioners court or a municipal governing body to conduct an open
meeting to deliberate the details, or specific occasions for
implementation, of a plan for responding to an act of terrorism. 

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

Sec.  552.145.  EXCEPTION:  CERTAIN RESPONSE PLANS OF MUNICIPALITY OR
COUNTY.  Provides an exception from the requirements of Section 552.021
for information relating to a plan of a municipality or county for
responding to an act of terrorism that is collected, assembled, or
maintained by the department of the municipality or county responsible for
emergency management or emergency responses. 

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