SRC-VRA S.B. 1000 78(R)   BILL ANALYSIS


Senate Research Center   S.B. 1000
78R3890 JRD-DBy: West, Royce
Government Organization
3/19/2003
As Filed


DIGEST AND PURPOSE 

Currently there is a provision in the General Appropriations Bill which
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.  As proposed, S.B. 1000 will codify language from the
General Appropriations bill to enable state agencies to perform any
legislatively mandated analysis "in house." 

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 2113C, Government Code, by adding Section
2113.108, as follows: 
 
Sec. 2113.108.  CERTAIN STUDIES INVOLVING STATISTICAL OR DEMOGRAPHIC
ANALYSIS.  (a)  Prohibits a state agency from using appropriated money to
contract with a consultant or other nongovernmental entity to perform or
assist the agency in performing a statistical or demographic analysis of
information collected by or for the agency in the course of conducting a
study that the agency is required to conduct under 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.  Provides that for purposes of
this section, performing a statistical or demographic analysis of
information in the course of conducting a study includes designing the
analysis and collecting the information required for purposes of the
study. 
 
(b)  Requires the agency, if the Texas Legislative 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. 

SECTION 2.  Amends Chapter 323, Government Code, by adding Section
323.020, as follows: 
 
Sec. 323.020.  CONTRACTS TO PERFORM STATISTICAL OR DEMOGRAPHIC ANALYSIS;
CONFIDENTIALITY OF INFORMATION NOT AFFECTED.  (a) Authorizes 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 Section 2113.108. 
 
(b)  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.  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. 

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