HBA-TYH H.B. 3169 76(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 3169
By: Garcia
State Affairs
4/21/1999
Introduced



BACKGROUND AND PURPOSE 

Information generated or held by government agencies is a resource that
provides the people with knowledge of their government, society, and
economy.  H.B. 3169 prohibits an officer for public information or the
officer's agent from refusing to give access to public information to a
requestor, unless specific conditions exist.  This bill requires an officer
to provide a written statement of the reasons for a refusal, if the officer
refuses to give access to the public information requested.  This  
bill also provides that a violation constitutes official misconduct.

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 A, Chapter 552, Government Code, by adding
Section 552.0065, as follows: 
 
Sec. 552.0065.  GROUNDS FOR WITHHOLDING PUBLIC INFORMATION.  (a) Prohibits
an officer for public information or the officer's agent from refusing to
give access to public information to a requestor or refusing to permit or
provide copying of public information to a requestor as provided by this
chapter (Public Information) unless the officer or the officer's agent
reasonably believes that public access to the requested information is not
required and the enumerated conditions exist. 
 
(b)  Provides that an officer for public information or the officer's agent
who refuses to provide access to or refuses to permit or provide copying of
information must provide the requestor with a written statement of the
reasons for the refusal.  
 
(c)  Provides that the written statement must identify the exception that
allows the information to be withheld and must be provided to the requestor
within 15 days of the date the request for access to or copying of the
information is received by the officer for public information or the
officer's agent.  
 
SECTION 2.  Amends Section 552.351, Government Code, by adding Subsection
(c), to provide that a violation under this section (Destruction, Removal,
or Alteration of Public Information) constitutes official misconduct.  

SECTION 3.  Effective date: September 1, 1999.
  Makes application of this Act prospective.


SECTION 4.  Emergency clause.