HBA-EDN, CBW H.B. 2853 77(R)BILL ANALYSIS


Office of House Bill AnalysisH.B. 2853
By: Bosse
State Affairs
7/2/2001
Enrolled



BACKGROUND AND PURPOSE 

During the interim between the 76th and 77th legislative sessions, the
House Select Committee on Judicial Interpretations of Law (committee),
aided by the legal division of the Texas Legislative Council (council),
conducted a study on the decisions of Texas appellate courts over the
preceding five years to identify decisions that, in the opinion of the
committee, signaled problems with the implementation of legislative intent,
identified statutes as unconstitutional, expressly suggested legislative
action, found statutes to be conflicting, or found statutes to be
ambiguous.  The 76th Legislature passed legislation providing for the
collection and analysis by the council of statistical and demographic
information and requiring state agencies to cooperate in the gathering of
information and the production of reports.  The legislation authorized
council staff to obtain access for this purpose to information that is
confidential under other law, including student-identifiable information
subject to federal law governing student records.  However, the attorney
general issued an opinion stating that federal law does not permit access
for this purpose.  House Bill 2853 conforms council access to student
records to those uses authorized by federal law. 

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 2853 amends the Government Code to  provide  that for the
purposes of evaluating federal and state supported education programs, or
other appropriate purposes as authorized by federal law governing education
records, employees of the Texas Legislative Council are considered state
school officials. 

EFFECTIVE DATE

Vetoed.