HBA-EDN H.B. 866 77(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 866
By: Dutton
State Affairs
2/28/2001
Introduced



BACKGROUND AND PURPOSE 

For many years, Texas courts and the attorney general interpreted the open
records law to only permit the withholding of active or pending law
enforcement files.  The open records law was interpreted to require the
disclosure of information contained in closed files to the extent that
release of such information would not unduly interfere with law
enforcement.  In 1996, the Texas Supreme Court rejected this
interpretation, finding in Holmes v. Morales that the law enforcement
exception in the open records law permitted law enforcement agencies to
withhold both active and closed files.  Consequently, law enforcement
agencies are no longer required to permit inspection of such records, even
if the case has been closed.  The supreme court stated in its decision that
it is the responsibility of the legislature to impose restrictions, if any,
on the language of the open records law.  House Bill 866 authorizes the
release of information contained in closed files if the release of such
information would not unduly interfere with law enforcement.    

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 866 amends the Government Code to remove conditions for
exemption from the public information requirement for information or an
internal record or notation that deals with the detection, investigation,
or prosecution of a crime that is held by a law enforcement agency or
prosecutor.  The change provides that only information held by a law
enforcement agency or prosecutor that deals with the detection,
investigation, or prosecution of crime or an internal record or notation of
a law enforcement agency or prosecutor that is maintained for internal use
in matters relating to law enforcement or prosecution is exempt if release
of the information or internal record or notation would unduly interfere
with law enforcement, or the detection, investigation, or  prosecution of
crime.    

EFFECTIVE DATE

September 1, 2001.