S.B. No. 1000
AN ACT
relating to a statistical or demographic analysis conducted by the
Texas Legislative Council for a state agency and to information
collected by the council in the course of performing the analysis.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 323, Government Code, is amended by
adding Section 323.020 to read as follows:
Sec. 323.020. CONTRACTS TO PERFORM STATISTICAL OR
DEMOGRAPHIC ANALYSIS; CONFIDENTIALITY. (a) Subsections (c)-(g)
do not apply in relation to a statistical or demographic analysis of
information related to the redistricting process.
(b) At the request of a state agency, the council may
determine whether and the extent to which council resources are
available to contract or otherwise agree with the agency to perform
a statistical or demographic analysis of information for the agency
or to assist the agency in performing the analysis. A reference in
this section to performing an analysis includes assisting an agency
to perform the analysis.
(c) Except as provided by this section, information that the
council acquires or produces in relation to a statistical or
demographic analysis performed under Subsection (b) is
confidential and not public information subject to Chapter 552,
including:
(1) any information that identifies or tends to
identify an individual or other entity that submitted information
or that was asked to submit information for the analysis;
(2) working drafts and working papers developed in
performing the analysis;
(3) contracts and subcontracts entered into for
purposes of performing the analysis;
(4) internal and interagency correspondence sent or
received in the course of performing the analysis;
(5) memoranda of understanding entered into in
relation to performing the analysis; and
(6) data, data files, databases, computer coding,
computer specification programs, data use agreements, and data
dictionaries acquired or used in performing the analysis.
(d) Without regard to whether the council collects
information for purposes of performing a statistical or demographic
analysis of information under Subsection (b) indirectly through the
state agency or directly from another governmental or
nongovernmental entity, an individual or other entity that
voluntarily provides information to the state agency or 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 character of the information as privileged or
excepted from required disclosure is not affected by that action of
the individual or other entity.
(e) A final report containing a statistical or demographic
analysis of information performed under Subsection (b), a cover
letter or cover memorandum for the final report, and an
announcement that the final report is available are not
confidential and are subject to required public disclosure under
Chapter 552 except to the extent that the final report, cover letter
or cover memorandum, or announcement contains information that
identifies or tends to identify an individual or entity other than
information that names a staff member who performed work in
relation to performing the analysis or that names government
officials on a letterhead.
(f) Notwithstanding Subsection (c)(3), a contract or other
agreement between the council and a state agency under Subsection
(b) and the names of the staff members who perform work in relation
to performing the analysis under the contract or agreement are not
confidential. A contract or agreement between the council and a
state agency under Subsection (b) is public information subject to
Chapter 552.
(g) Information that an individual or other entity submits
for the purpose of a statistical or demographic analysis of
information performed by the council under Subsection (b) may not
be used against the individual or other entity in a state agency
enforcement proceeding. This subsection does not affect the
ability of a state agency to obtain the information by other means
and to use the information, if obtained by other means, in a state
agency enforcement proceeding.
SECTION 2. Section 552.112, Government Code, is amended by
adding Subsection (c) to read as follows:
(c) Information is excepted from the requirements of
Section 552.021 if it is information submitted by an individual or
other entity to the Texas Legislative Council, or to any state
agency or department overseen by the Finance Commission of Texas
and the information has been or will be sent to the Texas
Legislative Council, for the purpose of performing a statistical or
demographic analysis of information subject to Section 323.020.
However, this subsection does not except from the requirements of
Section 552.021 information that does not identify or tend to
identify an individual or other entity and that is subject to
required public disclosure under Section 323.020(e).
SECTION 3. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2003.
______________________________ ______________________________
President of the Senate Speaker of the House
I hereby certify that S.B. No. 1000 passed the Senate on
May 1, 2003, by the following vote: Yeas 31, Nays 0;
May 30, 2003, Senate refused to concur in House amendment and
requested appointment of Conference Committee; May 30, 2003, House
granted request of the Senate; June 1, 2003, Senate adopted
Conference Committee Report by the following vote: Yeas 31,
Nays 0.
______________________________
Secretary of the Senate
I hereby certify that S.B. No. 1000 passed the House, with
amendment, on May 28, 2003, by the following vote: Yeas 144,
Nays 0, two present not voting; May 30, 2003, House granted request
of the Senate for appointment of Conference Committee;
June 1, 2003, House adopted Conference Committee Report by the
following vote: Yeas 143, Nays 0, one present not voting.
______________________________
Chief Clerk of the House
Approved:
______________________________
Date
______________________________
Governor