HBA-DMD H.B. 1353 76(R)BILL ANALYSIS Office of House Bill AnalysisH.B. 1353 By: Deshotel Public Safety 7/27/1999 Enrolled BACKGROUND AND PURPOSE Prior to the 76th Legislature, information collected for disaster planning purposes by certain governmental agencies was allowed to be accessed under an open record request. H.B. 1353 provides that certain information related to physically or mentally disabled individuals or other medically fragile individuals is confidential and is excepted from required public disclosure. This bill specifies which persons and entities must maintain confidentiality of certain records for physically or mentally disabled individuals or other medically fragile individuals. 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 Subchapter H, Chapter 418, Government Code, by adding Section 418.175, as follows: Sec. 418.175. CERTAIN INFORMATION CONFIDENTIAL. (a) Sets forth that information relating to physically or mentally disabled individuals or other medically fragile individuals maintained for the purposes of emergency management or disaster planning is confidential and is excepted from the required disclosure under Chapter 552 (Public Information), Government Code. (b) Provides that this section applies to information in the possession of any person, including the state, a state agency, a political subdivision, an agency of a political subdivision; or an electric, telecommunications, gas, or water utility. SECTION 2.Emergency clause. Effective date: upon passage.