HBA-NLM H.B. 461 76(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 461
By: Wise
Civil Practices
3/8/1999
Introduced



BACKGROUND AND PURPOSE 

Under current law, in civil cases where the personal identity of a
plaintiff  is concealed during court proceedings, there is no statutory
requirement to conceal the personal identification of a defendant. The
release of the identity of a defendant in a civil case to the public may
provoke salacious and defamatory actions against defendants while a court
of law is in the process of determining liability. H.B.  461 requires that
in a civil case in which the identity of the  plaintiff  is concealed by
any means, including the use of initials, the defendant's identity be
concealed by similar means. 

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 Chapter 30, Civil Practice and Remedies Code, by adding
Section 30.016, as follows: 

Sec. 30.016. DISCLOSURE OF PERSONAL IDENTIFICATION INFORMATION. Requires
that in a civil case in which the identity of the  plaintiff  is concealed
by any means, including the use of initials, the defendant's identity be
concealed by similar means. Authorizes the court to enforce this section by
contempt proceedings or by other appropriate means. 

SECTION 2.  Effective date: September 1, 1999.  
            Makes application of this Act prospective.

SECTION 3.  Emergency clause.