HBA-EDN C.S.H.B. 1056 77(R)BILL ANALYSIS


Office of House Bill AnalysisC.S.H.B. 1056
By: Gallego
State Affairs
3/30/2001
Committee Report (Substituted)



BACKGROUND AND PURPOSE 

Under current law, the house general investigating committee (committee)
has jurisdiction to investigate a variety of issues of statewide concern.
The committee consists of five members and conducts inquiries and
investigations in which sensitive information held by the committee may  be
subject to public disclosure. C.S.H.B. 1056 allows the composition of the
committee to be increased and for sensitive information held by the
committee to be withheld from public release. 

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. 

ANALYSIS

C.S.H.B. 1056 amends the Government Code to provide that the house general
investigating committee (committee) must consist of not fewer than five
house members.  The bill provides that a majority of the members
constitutes a quorum to transact business.  The bill provides that
information held by a general investigating committee that, if held by a
law enforcement agency or prosecutor, would be excepted from the
requirements of public availability is confidential and not subject to
public disclosure. 

EFFECTIVE DATE

On passage, or if the Act does not receive the necessary vote, the Act
takes effect September 1, 2001.  

COMPARISON OF ORIGINAL TO SUBSTITUTE

C.S.H.B. 1056 modifies the original by providing that the membership of the
committee must consist  of not fewer than five house members, rather than
increasing the number of members from five to nine.  The original excepted
from disclosure information held by the committee that, if released, would
interfere with or compromise an investigation, study, or other legitimate
function of the committee and provided the committee with discretion to
waive confidentiality.  The substitute eliminates this discretion and
excepts information only to the extent that the same information would be
excepted if it were held by a law enforcement agency or prosecutor.  The
substitute also removes provisions providing that the public notice
requirements of a quorum of a governmental body appearing before a
legislative committee do not apply.