HBA-PDH H.B. 1379 76(R) BILL ANALYSIS Office of House Bill AnalysisH.B. 1379 By: Allen Corrections 2/22/1999 Introduced BACKGROUND AND PURPOSE Currently, an inmate can obtain sensitive information about other inmates through open records requests by friends and family. This creates problems in a prison environment because an inmate with this information can use it to compromise the safety or independence of another inmate. H.B. 1379 codifies current Texas Department of Criminal Justice policy by creating an exception to the Public Information Act by prohibiting the disclosure of certain sensitive information about inmates. The bill does allow 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) Provides that information is excepted from the requirements of Section 552.021(Availability of Public Information), Government Code, if it is information about an inmate of the Texas Department of Criminal Justice that relates to the inmate's medical, psychiatric, or psychological condition or the treatment of one of those conditions; the inmate's educational attainments, intelligence quotient, trust fund account, social history, known enemies, disciplinary record, next of kin, or home address; or a use-of-force incident involving the inmate that is still under investigation. (b) Provides that Sections 552.023 (Special Right of Access to Confidential Information), 552.229 (Consent to Release Information Under Special Right of Access), and 552.307(Special Right of Access; Attorney General Decisions), Government Code, apply to information described by Subsection (a) that is requested by an inmate or an authorized representative of an inmate to whom the information relates. 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 Sections 508.313 (relating to confidential information in the parole context) and 552.131, Government Code, information about an inmate of the Texas Department of Criminal Justice 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.