HBA-MPM, ATS, PDH H.B. 1379 76(R)BILL ANALYSIS


Office of House Bill AnalysisH.B. 1379
By: Allen
Corrections
8/11/1999
Enrolled



BACKGROUND AND PURPOSE 

Prior to the 76th Legislature, an inmate could obtain sensitive information
about other inmates through open records requests by friends and family.
This created problems in a prison environment because an inmate with this
information could use it to compromise the safety or independence of
another inmate.  H.B. 1379 establishes an exception to the Public
Information Act by prohibiting the disclosure of certain sensitive
information about inmates who are confined in a facility operated by or
under a contract with the Texas Department of Criminal Justice.  This bill
allows the continued release of information relating to certain descriptive
facts about an inmate or the inmate's offense, conviction, or confinement. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Subchapter C, Chapter 552, Government Code, by adding
Section 552.131, as follows: 

Sec. 552.131.  EXCEPTION:  CERTAIN INFORMATION RELATING TO INMATE OF
DEPARTMENT OF CRIMINAL JUSTICE.  (a) Excepts from the requirements of
Section 552.021(Availability of Public Information), Government Code,
information obtained or maintained by the Texas Department of Criminal
Justice (department) if it is information about an inmate who is confined
in a facility operated by or under a contract with the department, except
as provided by Subsection (b) or by Section 552.029. 

(b) Provides that proposed Section 552.131(a) does not apply to statistical
or other aggregated information relating to inmates confined in one or more
facilities operated by or under a contract with the department, or
information about an inmate sentenced to death. 

(c)  Provides that this section does not affect whether information is
considered confidential or privileged under Section 508.313 (Confidential
Information), Government Code. 

(d)  Provides that a release of information described in Subsection (a) to
an eligible entity, as defined by Section 508.313(d), Government Code, for
a purpose related to law enforcement, prosecution, corrections, clemency,
or treatment, is not considered release of information to the public for
purposes of Section 552.007 (Voluntary Disclosure of Certain Information
When Disclosure Not Required), Government Code, and does not waive the
right to assert in the future that the information is excepted from
required disclosure under this section or other law. 

Section 508.313(d) defines "eligible entity" as a government agency,
including the office of a prosecuting attorney; an organization with which
the department contracts or an organization to which the department
provides a grant; or an organization to which  inmates are referred for
services by the department. 

SECTION 2.  Amends Subchapter B, Chapter 552, Government Code, by adding
Section 552.029, as follows: 

Sec. 552.029.  RIGHT OF ACCESS TO CERTAIN INFORMATION RELATING TO INMATE OF
DEPARTMENT OF CRIMINAL JUSTICE.  Provides that notwithstanding Section
508.313 or 552.131, Government Code, information about an inmate who is
confined in a facility operated by or under a contract with the department
is subject to required disclosure under Section 552.021, Government Code,
if the information sought relates to certain descriptive facts about an
inmate or the inmate's offense, conviction, or confinement.  

SECTION 3.  Amends Section 508.313, Government Code, by adding Subsection
(f), to provide that this section does not apply to information that is
subject to required public disclosure under Section 552.029, Government
Code. 

SECTION 4.Emergency clause.
  Effective date: upon passage.