HBA-ALS C.S.H.B. 595 76(R)    BILL ANALYSIS


Office of House Bill AnalysisC.S.H.B. 595
By: Maxey
State Affairs
3/17/1999
Committee Report (Substituted)



BACKGROUND AND PURPOSE 

Under current law, testing committees and other entities that approve the
contents of licensing examinations are required to deliberate a test item
and information relating to a test item in an open meeting.  Therefore,
potential test-takers may obtain advance access to test questions.
C.S.H.B. 595 allows testing committees and other entities that approve the
contents of a licensing examination to deliberate a test item or
information relating to a test item in a closed session. 

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 D, Chapter 551, Government Code, by adding
Section 551.086, as follows: 

Sec.  551.086.  DELIBERATION REGARDING TEST ITEM.  Provides that a
governmental body is not required to conduct an open meeting to deliberate
a test item or information related to a test item if the governmental body
believes it may be included in a test administered by the governmental body
to individuals seeking to obtain or renew a license or certificate that is
necessary to engage in an activity. 

SECTION 2.  Emergency clause. 
                       Effective date: upon passage.

COMPARISON OF ORIGINAL TO SUBSTITUTE

C.S.H.B. 595 modifies the original bill to specify that this exemption from
the Open Meetings Act relates to tests administered to individuals, rather
than persons, seeking a license or certificate necessary to engage in an
activity.  Deletes reference to an "other form of permission" necessary to
engage in an activity.