BILL ANALYSIS

Senate Research Center	S.B. 389
88R3855 SHH-D	By: Hall
	Health & Human Services
	4/7/2023
	As Filed

AUTHOR'S / SPONSOR'S STATEMENT OF INTENT

As a state agency created by the legislature, the Texas Medical Board (TMB) is governed by statute and agency rules. The internal processes of agencies are usually available for review by legislative offices, yet repeatedly, TMB has refused to disclose information to legislative offices, citing a statute that exempts them from disclosure except in certain circumstances. This is the only state agency that currently has this specific exemption, and it allows the agency to operate in an obscure way, without having to fully disclose its actions.

The ability of a legislative office having access to agency information is crucial in the performance of a legislator's responsibilities and is also an important aspect of agency transparency.

S.B. 389 would repeal Section 154.055 (Release of Complaint Information to Legislative Committee), Occupations Code, thereby allowing state legislative offices to receive information from TMB under legislative privilege as provided by Section 552.008, Government Code.

This bill also adds a section clarifying that TMB must comply with a request for public information made under Section 552.008, Government Code.

As proposed, S.B. 389 amends current law relating to information requested from the Texas Medical Board by a member, committee, or agency of the legislature.

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 Subchapter A, Chapter 154, Occupations Code, by adding Section 154.007, as follows:

Sec. 154.007. COMPLIANCE WITH CERTAIN PUBLIC INFORMATION REQUESTS. Requires the Texas Medical Board, notwithstanding any other provision of Subtitle B (Physicians), to comply with a request for public information made under Section 552.008 (Information for Legislative Purposes), Government Code.

SECTION 2. Repealer: Section 154.055 (Release of Complaint Information to Legislative Committee), Occupations Code.

SECTION 3. Effective date: upon passage or September 1, 2023.