HBA-EDN, CBW H.B. 2853 77(R)BILL ANALYSIS Office of House Bill AnalysisH.B. 2853 By: Bosse State Affairs 7/2/2001 Enrolled BACKGROUND AND PURPOSE During the interim between the 76th and 77th legislative sessions, the House Select Committee on Judicial Interpretations of Law (committee), aided by the legal division of the Texas Legislative Council (council), conducted a study on the decisions of Texas appellate courts over the preceding five years to identify decisions that, in the opinion of the committee, signaled problems with the implementation of legislative intent, identified statutes as unconstitutional, expressly suggested legislative action, found statutes to be conflicting, or found statutes to be ambiguous. The 76th Legislature passed legislation providing for the collection and analysis by the council of statistical and demographic information and requiring state agencies to cooperate in the gathering of information and the production of reports. The legislation authorized council staff to obtain access for this purpose to information that is confidential under other law, including student-identifiable information subject to federal law governing student records. However, the attorney general issued an opinion stating that federal law does not permit access for this purpose. House Bill 2853 conforms council access to student records to those uses authorized by federal law. 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 House Bill 2853 amends the Government Code to provide that for the purposes of evaluating federal and state supported education programs, or other appropriate purposes as authorized by federal law governing education records, employees of the Texas Legislative Council are considered state school officials. EFFECTIVE DATE Vetoed.