HBA-ATS, PDH C.S.H.B. 1379 76(R)BILL ANALYSIS Office of House Bill AnalysisC.S.H.B. 1379 By: Allen Corrections 4/8/1999 Committee Report (Substituted) 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. C.S.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. 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 (relating to confidential information in the parole context) 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. COMPARISON OF ORIGINAL TO SUBSTITUTE C.S.H.B. 1379 modifies the original bill in SECTION 1 by deleting, in proposed Section 552.131(a), 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, from the type of information that is excepted from the requirement of Section 552.021, Government Code. The substitute excepts from the requirements of Section 552.021, 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, rather than an inmate of the department. The substitute also adds two exceptions to the operation of the exception from Section 552.021, Government Code: proposed Section 552.131(b) and proposed Section 552.029. C.S.H.B. 1379 modifies the original bill in SECTION 1 by deleting the entire text of proposed Section 552.131(b), regarding the application of 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, to information described by proposed Section 552.131(a) that is requested by an inmate or an authorized representative of an inmate to whom the information relates. Proposed Subsection (b) of the substitute 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.S.H.B. 1379 modifies the original bill in SECTION 2 by providing, in proposed Section 552.029, that notwithstanding Sections 508.313 and 552.131, Government Code, information about an inmate who is confined in a facility operated by or under a contract with the department, rather than an inmate of 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. The substitute includes the birthplace of the inmate and the general health or the nature of an injury to or critical illness suffered by an inmate among the descriptive facts about an inmate that are required to be disclosed. The substitute also includes the exception that disclosure of an inmate's assigned unit or disclosure of the date on which the unit received the inmate is not required if disclosure of the information would violate federal law relating to the confidentiality of substance abuse treatment. In addition, the substitute includes, in new Subdivision (8), basic information regarding the death of an inmate in custody, an accident involving the use of force, or an alleged crime involving the inmate among the facts about an inmate that are required to be disclosed.