SRC-LBB S.B. 872 78(R)   BILL ANALYSIS


Senate Research Center   S.B. 872
78R5583 JD-DBy: Wentworth
Infrastructure Development and Security
3/20/2003
As Filed


DIGEST AND PURPOSE 

Currently,  there is not an exception to either the Public Information Act
or the Open Meetings Act for information regarding certain documents
related to the security of the state and its political subdivisions. As
proposed, S.B. 872  permits a governmental body to go into executive
session to discuss tactical, security, or emergency procedures in a plan
for preventing or responding to an act of terrorism or to discuss
engineering or architectural plans if open discussion regarding the
engineering or architectural plan could jeopardize the health or safety of
a person or the security system.  This bill also exempts from the Public
Information Act records relating to tactical, security, or emergency
procedures in a plan for responding to an act of terrorism. 

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 Sections
551.091 and 551.092, as follows: 

Sec. 551.091.  DELIBERATIONS RELATING TO EMERGENCY PREVENTION AND
EMERGENCY RESPONSE PLANS.  Provides that this chapter does not require a
governmental body to conduct an open meeting to deliberate tactical,
security, or emergency procedures in a plan for preventing or responding
to an act of terrorism. 

Sec. 551.092.  DELIBERATIONS RELATING TO CERTAIN ENGINEERING,
ARCHITECTURAL, OR SIMILAR PLANS.  Provides that this chapter does not
require a governmental body to conduct an open meeting to deliberate an
engineering, architectural, or similar plan or drawing if deliberation of
the plan or drawing in an open meeting could jeopardize the health or
safety of an individual or the security of a system, a facility, or
equipment. 

SECTION 2.  Amends Chapter 552C, Government Code, by adding Sections
552.146 and 552.147, as follows: 

Sec. 552.146.  EXCEPTION: CERTAIN EMERGENCY PREVENTION OR RESPONSE PLANS.
Provides that information is excepted from the requirements of Sections
552.021 and 552.022 if the information relates to tactical, security, or
emergency procedures in a plan for preventing or responding to an act of
terrorism. 

Sec. 552.147.  EXCEPTION: CERTAIN ENGINEERING, ARCHITECTURAL, OR SIMILAR
PLANS.  Provides that information is excepted from the requirements of
Sections 552.021 and 552.022 if the information relates to an engineering,
architectural, or similar plan or drawing and disclosure of the
information would jeopardize the health or safety of one or  more
individuals or the security of a system, a facility, or equipment. 

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