HBA-CMT C.S.H.B. 3149 77(R)BILL ANALYSIS


Office of House Bill AnalysisC.S.H.B. 3149
By: Allen
Public Safety
4/12/2001
Committee Report (Substituted)



BACKGROUND AND PURPOSE 

Currently, there is no database that compiles information about threats
made against peace officers.  Peace officers, may be subject to retaliation
because of the duties they perform.  C.S.H.B. 3149 requires the Department
of Public Safety to create and maintain such a database.   

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that rulemaking
authority is expressly delegated to the public safety director in SECTION 1
(Section 411.048, Government Code) of this bill. 

ANALYSIS

C.S.H.B. 3149 amends the Government Code to require the bureau of
identification and records to establish and maintain a central index in the
law enforcement information system maintained by the Department of Public
Safety (DPS) to collect and disseminate information about threats against
peace officers.  The bill requires a criminal justice agency (agency) to
immediately enter into the information system an electronic report of an
individual who makes a threat to inflict bodily injury on a peace officer,
and requires the agency to enter the information in the form and manner
provided by rules adopted by the public safety director (director).   

The bill requires DPS to disseminate information collected on proper
inquiry into the information system to an agency as reasonably necessary to
protect the safety of a peace officer.  An individual who is the subject of
the information collected is authorized to request that the director, the
director's designee, or a court review the information to determine whether
the information complies with the rules adopted by the director.  The bill
provides that a peace officer or agency is not liable for an act or
omission relating to the collection, use, or dissemination of information
collected in accordance with the rules adopted by the director.   

The bill authorizes the director to adopt rules to implement and enforce
the provisions of the bill.  The bill provides that information held by a
law enforcement agency or prosecutor that deals with the detection,
investigation, or prosecution of crime is excepted from requirements of the
public information law if it is information relating to a threat against a
peace officer collected or disseminated.   

EFFECTIVE DATE

September 1, 2001.

COMPARISON OF ORIGINAL TO SUBSTITUTE

C.S.H.B. 3149 modifies the original bill by providing that the bill applies
only to threats against peace officers and not all public servants.