HBA-DMH S.B. 1182 77(R)    BILL ANALYSIS


Office of House Bill AnalysisS.B. 1182
By: Wentworth
State Affairs
5/18/2001
Engrossed



BACKGROUND AND PURPOSE 

Under current law, certain categories of public information are accessible
to the public and are not excepted from disclosure under public information
law unless they are expressly confidential under other law. In a recent
court case, the issue was raised as to whether or not a governmental body
was required under public information provisions to disclose to the media a
report prepared by a consulting expert in connection with pending and
anticipated litigation. The Texas Supreme Court held that if documents are
privileged or confidential under the Texas Rules of Civil Procedure or the
Texas Rules of Evidence, the documents are considered to be confidential
under other law and do not have to be disclosed.  Senate Bill 1182 modifies
the categories of public information that are exempt from required
disclosure to include certain litigation or settlement negotiations
involving a governmental body and matters related to attorneyclient
privilege. 

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

Senate Bill 1182 amends the Government Code to modify the categories of
public information that are excepted from required disclosure to include a
report, audit, evaluation, or investigation made of, for, or by a
governmental body relating to litigation or settlement negotiations
involving the state or a political subdivision, certain legal matters
relating to an attorney's duty to a client under the Texas Rules of Civil
Evidence, the Texas Rules of Criminal Evidence, and the Texas Disciplinary
Rules of Professional Conduct, or if the disclosure of the information is
prohibited by court order. 

For purposes of state public information laws,  the Texas Rules of Civil
Procedure, the Texas  Rules of Evidence, and the Texas Disciplinary Rules
of Professional Conduct are not considered to be law that expressly makes
information confidential.  In addition, a state agency rule is considered
to be law that expressly makes information confidential only if the agency
has specific statutory authority to make the information confidential by
rule.  

EFFECTIVE DATE

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