HBA-LJP, CBW H.B. 2138 77(R)BILL ANALYSIS


Office of House Bill AnalysisH.B. 2138
By: Marchant
Land & Resource Management
7/10/2001
Enrolled



BACKGROUND AND PURPOSE 

Provisions relating to open records law provide that a completed report is
not excepted from required public disclosure unless it is confidential
under other law.  The law exempts from disclosure information relating to
appraisals of property prior to a formal disposition of the property.
Prior to 1999, appraisals completed by or for the state were deemed to be
confidential.  In 1999, a change to the open records law caused the
attorney general's office to rule differently.  Prior to the 77th
Legislature, the attorney general interpreted the open records law to mean
that an appraisal report is a completed report, which must be disclosed.
As it stood, the appraisal exception in the open records law was no longer
applicable because an appraisal report was deemed to be a completed report. 

By requiring the early release of the state's market value estimates on
property to be identified, appraised, leased, or sold, the ability of the
commissioner of the General Land Office (commissioner) to obtain the best
possible price for property for the School Land Board, the Veterans' Land
Board, and other state agencies may have been compromised.  House Bill
2138 exempts from disclosure information relating to the location, price,
or sale of real property purchased or sold for the School Land Board,
Veterans' Land Board, General Land Office, the commissioner, or an
institution of higher education, and any report prepared in anticipation of
a purchase or sale until the formal award of a contract is executed. 

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

House Bill 2138 amends the Natural Resources and Education codes to exempt
from disclosure, under provisions relating to open records law, information
relating to the location, purchase price, or sale price of real property
purchased or sold by or for the School Land Board, Veterans' Land Board,
General Land Office (GLO), the commissioner of GLO, or an institution of
higher education until the formal award of a contract for the purchase or
sale of the property is executed.  The bill provides that information that
is confidential and exempted from disclosure includes an appraisal,
completed report, evaluation, or investigation conducted for the purpose of
locating or determining the purchase or sale price of the property, or any
report prepared in anticipation of purchasing or selling real property. 

The bill provides that information that is confidential and excluded from
disclosure is not subject to a subpoena directed to the School Land Board,
Veterans' Land Board, GLO, commissioner of GLO, attorney general, or
governor.  The bill also provides that information related to the location,
purchase price, or sale price of real property purchased or sold by or for
an institution and which is confidential and excluded from disclosure is
not subject to a subpoena directed to an institution, its governing board,
or any officer, agent, or employee of an institution. 



 EFFECTIVE DATE

September 1, 2001.