78R3890 JRD-D
By: West S.B. No. 1000
A BILL TO BE ENTITLED
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. Subchapter C, Chapter 2113, Government Code, is
amended by adding Section 2113.108 to read as follows:
Sec. 2113.108. CERTAIN STUDIES INVOLVING STATISTICAL OR
DEMOGRAPHIC ANALYSIS. (a) A state agency may not use 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 to determine whether the resources of the
council are available to perform or assist the agency in performing
that analysis. 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) 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,
the agency must 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. 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 OF INFORMATION NOT AFFECTED.
(a) The council may 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) 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. 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. 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.