HBA-MPM C.S.H.B. 211 76(R)BILL ANALYSIS


Office of House Bill AnalysisC.S.H.B. 211
By: Hochberg
Public Education
4/19/1999
Committee Report (Substituted)



BACKGROUND AND PURPOSE 

Some school districts and open-enrollment charter schools disagree with
certain decisions made by the attorney general with respect to public
information.  Districts or schools that disagree with those opinions may
appeal up to the supreme court level, which may cause added costs to
taxpayers. C.S.H.B. 211 prohibits a school district or open-enrollment
charter school from filing a suit challenging an attorney general's
decision relating to decisions regarding requests for public information or
from seeking relief from compliance with such a decision.  This bill also
requires the commissioner of education to suspend funding to any district
or school failing to comply with an attorney general's decision. 

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 Section 12.105(b), Education Code, to make any
requirement in Chapters 551 (Open Meetings) and 552 (Public Information),
Government Code, relating to a school district (district), school board, or
school children applicable to an open-enrollment charter school (charter
school) and to the children attending it. 

SECTION 2.  Amends Subchapter C, Chapter 552, Government Code, by adding
Section 552.131, as follows: 

Sec. 552.131.  EXCEPTION:  CERTAIN INFORMATION HELD BY SCHOOL DISTRICT.
(a)  Excepts information held by a district collected in connection with an
internal investigation from the requirements of Section 552.021
(Availability of Public Information), Education Code, to the extent that
the information names or otherwise identifies a student or former student
or an employee or former employee of the district. 

(b)  Makes Subsection (a) inapplicable if the student, former student,
employee, or former employee was the person on whom the investigation
focused or whose conduct was at issue.  Alternatively, makes that
subsection inapplicable if the student or former student, or the parent,
legal guardian, or spouse of the student or former student, or the employee
or former employee consents to the disclosure of the person's name. 

(c)  Requires information excepted under Subsection (a) to be made
available to a law enforcement agency or prosecutor for official purposes
on request. 

(d)  Provides that this section does not infringe on or impair the
informer's privilege recognized and applied as making information
confidential under Section 522.108 (Exception: Certain Law Enforcement and
Prosecutorial Information), Education Code. 

SECTION 3.  Amends Subchapter H, Chapter 552, Government Code, to add
Section 552.3241, as follows: 

 Sec. 552.3241.  APPEAL BY SCHOOL DISTRICT OR OPEN-ENROLLMENT CHARTER
SCHOOL PROHIBITED.  Prohibits a school district or open-enrollment charter
school, or the officer for public information or other agent of the
district or school, from filing a suit challenging an attorney general's
decision issued under Subchapter G (relating to decisions of the attorney
general regarding requests for public information) or from otherwise
seeking relief from compliance with such a decision. 

SECTION 4.  Makes Section 552.3241, Government Code, as added by this Act,
prospective to the attorney general's decision issued on or after the
effective date of this Act. 

SECTION 5.  Emergency clause.
            Effective date:  upon passage.

COMPARISON OF ORIGINAL TO SUBSTITUTE

C.S.H.B. 211 differs from the original bill by adding new SECTIONS 1 and 2,
which amend Section 12.105(b), Education Code and Subchapter C, Chapter
552, Government Code, by adding Section 552.131 (Exception: Certain
Information Held by School District). 

The substitute further modifies the original by redesignating SECTION 1 of
the original to SECTION 3 of the substitute, and makes no change in this
section. 

The substitute differs from the original by deleting SECTION 2 of the
original, which amended Subchapter E, Chapter 42, Education Code, by adding
Section 42.2531 (Distribution Suspended). This proposed section required
the commissioner to suspend distribution of state funds to a district or
charter school that, no later than the 30th day after the district or
charter school receives an attorney general's decision issued under
Subchapter G, Chapter 552, Government Code, fails to comply with the
decision.  The proposed text of the original also required the commissioner
to resume distribution of funds on compliance by the district or charter
school and to distribute the amount of funds withheld during the suspension
as soon as possible after the compliance date. 

The substitute redesignates SECTIONS 3 and SECTION 4 of the original bill
to SECTIONS 4 and 5, respectively, and makes a conforming change.