S.B. 1000 78(R)    BILL ANALYSIS


S.B. 1000
By: West
State Affairs
Committee Report (Unamended)



BACKGROUND AND PURPOSE 

Currently, there is a provision in the General Appropriations Act that
requires a state agency to determine if Texas Legislative Council
resources are available to perform a legislatively mandated statistical or
demographic analysis of data before the agency uses appropriated funds to
contract with a consultant or other private form of assistance to perform
the analysis.  However, this provision has not been codified in general
law.  The purpose of Senate Bill 1000 is to help ensure that state
resources are used efficiently by requiring state agencies to determine if
Texas Legislative Council resources are available to conduct a statistical
or demographic analysis before entering into an outside contract for such
services. 

RULEMAKING AUTHORITY

It is the opinion of the committee that this bill does not expressly grant
any additional rulemaking authority to a state officer, department,
institution, or agency.  

ANALYSIS

Senate Bill 1000 adds Section 2113.108 to the Government Code to prohibit
a state agency from using appropriated money to contract with a consultant
or other non-governmental entity to perform or assist the agency in
performing a statistical or demographic analysis required by state law
unless the agency first contacts the Texas Legislative Council (Council)
to determine whether the resources of the Council are available to perform
or assist the agency in performing that analysis.  

The bill requires the state agency, if the Council determines that Council
resources are available to perform or assist the agency in performing all
or part of the statistical or demographic analysis, to contract with the
Council to perform or assist the agency in performing that analysis to the
extent that the Council determines that Council resources are available to
the agency.  

The bill adds Section 323.020 to the Government Code to authorize the
Council to determine whether and the extent to which Council resources are
available to perform or assist a state agency in performing a statistical
or demographic analysis of information as described by proposed Section
2113.108, Government Code.   

The bill provides that information that the Council collects in relation
to the statistical or demographic analysis that is confidential under
state or federal law does not lose its confidential character because of
its collection by the Council, without regard to whether the Council
collected the information indirectly through the state agency or directly
from another governmental or nongovernmental entity. The bill provides
that an entity that voluntarily provides information to the Council for
purposes of the analysis does not waive any exception from required
disclosure or any privilege not to disclose the information, and the
confidential character of the information is not affected by that action
of the entity.  

EFFECTIVE DATE

Upon passage, or, if the Act does not receive the necessary vote, the Act
takes effect September 1, 2003.