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


Office of House Bill AnalysisC.S.H.B. 2138
By: Marchant
Land & Resource Management
4/12/2001
Committee Report (Substituted)



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.  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exception in the open records law is no longer applicable because an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.  C.S.H.B.  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 or 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

C.S.H.B. 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  the 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, 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. 

EFFECTIVE DATE

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


 COMPARISON OF ORIGINAL TO SUBSTITUTE

C.S.H.B. 2138 differs from the original bill by providing that any report
prepared in anticipation of purchasing or selling real property by or for
the School Land Board, General Land Office (GLO), or the commissioner of
GLO is confidential and exempt from disclosure under provisions relating to
public information.