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


Office of House Bill AnalysisH.B. 2138
By: Marchant
Land & Resource Management
3/28/2001
Introduced



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 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.  The attorney general now
interprets the open records law to mean that an appraisal report is a
completed report, which must be disclosed.  As it stands, the appraisal
exception in the open records law is no longer applicable because an
appraisal report is 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 be 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, or the commissioner 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 Code 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), or commissioner of GLO 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. 

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. 

EFFECTIVE DATE

On passage, or if the Act does not receive the necessary vote, the Act
takes effect September 1, 2001.