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.