HBA-MPM C.S.H.B. 211 76(R)BILL ANALYSIS Office of House Bill AnalysisC.S.H.B. 211 By: Hochberg Public Education 4/19/1999 Committee Report (Substituted) BACKGROUND AND PURPOSE Some school districts and open-enrollment charter schools disagree with certain decisions made by the attorney general with respect to public information. Districts or schools that disagree with those opinions may appeal up to the supreme court level, which may cause added costs to taxpayers. C.S.H.B. 211 prohibits a school district or open-enrollment charter school from filing a suit challenging an attorney general's decision relating to decisions regarding requests for public information or from seeking relief from compliance with such a decision. This bill also requires the commissioner of education to suspend funding to any district or school failing to comply with an attorney general's decision. 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 Section 12.105(b), Education Code, to make any requirement in Chapters 551 (Open Meetings) and 552 (Public Information), Government Code, relating to a school district (district), school board, or school children applicable to an open-enrollment charter school (charter school) and to the children attending it. SECTION 2. Amends Subchapter C, Chapter 552, Government Code, by adding Section 552.131, as follows: Sec. 552.131. EXCEPTION: CERTAIN INFORMATION HELD BY SCHOOL DISTRICT. (a) Excepts information held by a district collected in connection with an internal investigation from the requirements of Section 552.021 (Availability of Public Information), Education Code, to the extent that the information names or otherwise identifies a student or former student or an employee or former employee of the district. (b) Makes Subsection (a) inapplicable if the student, former student, employee, or former employee was the person on whom the investigation focused or whose conduct was at issue. Alternatively, makes that subsection inapplicable if the student or former student, or the parent, legal guardian, or spouse of the student or former student, or the employee or former employee consents to the disclosure of the person's name. (c) Requires information excepted under Subsection (a) to be made available to a law enforcement agency or prosecutor for official purposes on request. (d) Provides that this section does not infringe on or impair the informer's privilege recognized and applied as making information confidential under Section 522.108 (Exception: Certain Law Enforcement and Prosecutorial Information), Education Code. SECTION 3. Amends Subchapter H, Chapter 552, Government Code, to add Section 552.3241, as follows: Sec. 552.3241. APPEAL BY SCHOOL DISTRICT OR OPEN-ENROLLMENT CHARTER SCHOOL PROHIBITED. Prohibits a school district or open-enrollment charter school, or the officer for public information or other agent of the district or school, from filing a suit challenging an attorney general's decision issued under Subchapter G (relating to decisions of the attorney general regarding requests for public information) or from otherwise seeking relief from compliance with such a decision. SECTION 4. Makes Section 552.3241, Government Code, as added by this Act, prospective to the attorney general's decision issued on or after the effective date of this Act. SECTION 5. Emergency clause. Effective date: upon passage. COMPARISON OF ORIGINAL TO SUBSTITUTE C.S.H.B. 211 differs from the original bill by adding new SECTIONS 1 and 2, which amend Section 12.105(b), Education Code and Subchapter C, Chapter 552, Government Code, by adding Section 552.131 (Exception: Certain Information Held by School District). The substitute further modifies the original by redesignating SECTION 1 of the original to SECTION 3 of the substitute, and makes no change in this section. The substitute differs from the original by deleting SECTION 2 of the original, which amended Subchapter E, Chapter 42, Education Code, by adding Section 42.2531 (Distribution Suspended). This proposed section required the commissioner to suspend distribution of state funds to a district or charter school that, no later than the 30th day after the district or charter school receives an attorney general's decision issued under Subchapter G, Chapter 552, Government Code, fails to comply with the decision. The proposed text of the original also required the commissioner to resume distribution of funds on compliance by the district or charter school and to distribute the amount of funds withheld during the suspension as soon as possible after the compliance date. The substitute redesignates SECTIONS 3 and SECTION 4 of the original bill to SECTIONS 4 and 5, respectively, and makes a conforming change.