HBA-PDH H.J.R. 31 76(R) BILL ANALYSIS Office of House Bill AnalysisH.J.R. 31 By: Hupp State Affairs 2/12/1999 Introduced BACKGROUND AND PURPOSE Currently, there is no express right to privacy in the Texas Constitution or statutes. The right to privacy that Texas citizens do have exists as court-created doctrine (as expressed in Texas State Employees Union v. Texas Department of Mental Health and Mental Retardation, 746 S.W. 2d 203, (Tex. 1987)) and is subject to change according to subsequent court rulings. H.J.R. 31 will not change the existing law, but will make the existing law as expressed in current case law a part of the Texas Constitution. As proposed, H.J.R. 31 requires the submission to the voters of a constitutional amendment recognizing every individual's right to privacy and prohibiting the infringement of that right absent a compelling state interest that may not be achieved in another manner. 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 Article I, Texas Constitution, by adding Section 8a, to recognize every individual's right to privacy and prohibit the infringement of that right without the showing of a compelling state interest that may not be achieved in a less intrusive and more reasonable manner. SECTION 2. Requires this proposed constitutional amendment to be submitted to the voters at an election to be held on November 2, 1999. Sets forth the required language for the ballot.