SRC-MSY S.B. 764 78(R)   BILL ANALYSIS


Senate Research Center   S.B. 764
78R5898 JD-FBy: Lindsay
Infrastructure Development and Security
3/20/2003
As Filed


DIGEST AND PURPOSE 

Under current federal law, Texas ports are required to conduct
investigations on the port's vulnerability to terrorist attack.  Federal
law makes certain reports and meetings regarding the findings of such risk
assessments confidential, but current state law does not explicitly
exclude such information and meetings from the Open Meetings and Public
Information Acts.  As proposed, S.B. 764 allows a port authority board to
meet in a closed session in to discuss information and reports related the
security of the port. In addition, S.B. 764 exempts security reports and
assessments from disclosure requirements 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
551.094, as follows: 

Sec.  551.094.  DELIBERATIONS RELATING TO SECURITY MEASURES OF PORT. (a)
Provides that this section applies only to a governmental body that
governs a port in this state. 

(b)  Provides that this chapter does not require the governmental body to
conduct an open meeting to deliberate regarding certain matters relating
to the security of the port, if deliberation of the security measures in
an open meeting could jeopardize the security of the port. 

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

Sec.  552.148.  EXCEPTION:  SECURITY MEASURES OF PORT.  (a)  Exempts
information from the requirements of Section 552.021 if the information
relates to security measures of a port in this state and disclosure of the
information could jeopardize the security of the port, including certain
information. 

(b)  Provides that Section 552.022, providing that certain information is
not excepted from required disclosure under this chapter unless it is
expressly confidential under another law, does not apply to information
excepted from the requirements of Section 552.021 by Subsection (a). 

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