LEGISLATIVE BUDGET BOARD
Austin, Texas
 
OPEN GOVERNMENT IMPACT STATEMENT
 
79TH LEGISLATIVE REGULAR SESSION
 
April 25, 2005

TO:
Honorable John Whitmire, Chair, Senate Committee on Criminal Justice
 
FROM:
John S. O'Brien, Deputy Director, Legislative Budget Board
 
IN RE:
SB1200 by Ellis (Relating to information held by a governmental body regarding forensic evidence used in the trial of a person sentenced to death if the evidence was tested by a forensic laboratory operated by the police department in certain municipalities.), As Introduced

As a result of this bill there will be no significant restriction upon:

(1) the open records law;
(2) the open meetings law;
(3) the access to government information; or
(4) the ability of the citizens of Texas to transact public business.

The bill would amend the Public Information Act by excluding certain information from Section 552.108, Government Code, which excepts some law enforcement records from required disclosure.  The bill would subject specified information relating to the investigation or prosecution of a capital offense to the disclosure requirements of the Public Information Act. 

The bill would also amend the Code of Criminal Procedure to allow a judge to order forensic retesting in certain capital convictions.  The bill would take effect immediately if receiving a vote of two-thirds of all members of each house, or September 1, 2005.  Because the bill would only potentially increase the public's access to information held by government bodies, no restriction on open government laws is anticipated.



Source Agencies:
LBB Staff:
JOB, VDS, AM