HBA-JRA C.S.S.B. 613 76(R)    BILL ANALYSIS


Office of House Bill AnalysisC.S.S.B. 613
By: Carona
Ways & Means
5/3/1999
Committee Report (Substituted)



BACKGROUND AND PURPOSE 

Currently, Texas law requires the comptroller to withhold a significant
number of financial records from both private and public entities.
Therefore, the applicability of the Texas Open Records Act can be difficult
to determine when the comptroller receives requests for information.
Often, the comptroller must seek a ruling from the Office of the Attorney
General to determine if a request falls within one of the exceptions
granted by the Open Records Act.  S.B. 613 provides the comptroller a
defense from prosecution for relying upon a determination from a state
agency or the Office of the Attorney General before releasing certain
information.  In addition, this bill makes certain tax and audit records
public information. 

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 2101.037, Government Code, by adding Subsection
(c), as follows: 

(c)  Provides that it is an affirmative defense to prosecution under
Section 552.352(a) (relating to the distribution of confidential
information) that the comptroller, the project director, another officer or
employee of the comptroller, or an independent contractor of the
comptroller acted in reliance on a determination made by a state agency
about the confidentiality of information supplied by the agency to the
project director under Subsection (b). 

SECTION 2. Amends Section 111.006, Tax Code, by amending Subsection (a) and
adding Subsections (f) and (g), as follows: 

(a)  Prohibits certain confidential matter from being used publicly, opened
to public inspection, or disclosed except as permitted by this section,
rather than under subsection (b), (d), or (e).  

(f)  Provides that Subsection (a)(2) does not apply to information obtained
by the comptroller or the attorney general during an examination of a
governmental body, as that term is defined in Section 552.003, Government
Code.  Provides that information obtained by the comptroller or the
attorney general during an examination of the governmental body that is
confidential under law when in the possession of the governmental body
remains confidential while in the possession of the comptroller or the
attorney general. 

(g)  Authorizes information made confidential by Subsection (a)(2) that
relates to a taxpayer's responsibilities under Chapter 153 to be examined
by an official of another state or of the United States under certain
circumstances. 

SECTION 3. Amends Section 151.027(c), Tax Code, to provide that this
section does not prohibit the release of information in or derived from a
record, report, or other instrument required to be furnished under this
chapter by a governmental body, as that term is defined in Section 552.003,
Government Code. 

SECTION 4. Effective date: September 1, 1999.

SECTION 5. Emergency clause.

COMPARISON OF ORIGINAL TO SUBSTITUTE

The substitute modifies the original in SECTION 2 (Section 111.006, Tax
Code) to provide that information obtained by the comptroller or the
attorney general during an examination of the governmental body that is
confidential under law when in the possession of the governmental body
remains confidential while in the possession of the comptroller or the
attorney general.