HBA-EDN H.J.R. 15 77(R)    BILL ANALYSIS


Office of House Bill AnalysisH.J.R. 15
By: Hupp
State Affairs
2/21/2001
Introduced



BACKGROUND AND PURPOSE 

Although the Texas Supreme Court declared in 1987 in Texas State Employees
Union v. Texas Department of Mental Health and Mental Retardation that the
Texas Constitution implicitly protects personal privacy from unreasonable
intrusion, there is no express right to privacy guaranteed by the Texas
Constitution or in the statutes.  As proposed, House Joint Resolution 15
requires the submission to the voters of a constitutional amendment to
recognize a personal right of privacy.    

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this resolution
does not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

ANALYSIS

House Joint Resolution 15 amends the Texas Constitution to recognize a
personal right of privacy.  The resolution provides that the right of every
individual to privacy is recognized and may not be infringed without the
showing of a compelling state interest that may not be achieved in a less
intrusive and more reasonable manner.  

FOR ELECTION

This proposed constitutional amendment shall be submitted to the voters at
an election to be held November 6, 2001.