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By Paul
R. Scott
During the 78th
Legislative Session Texas senators and representatives filed over 500
bills that appeared to have significance to archivists, records
managers, and records keepers. One
hundred sixty-four passed with Governor Perry vetoing seven, one, SB
1154, because it would have had an adverse effect upon a planned
public library and another, SB 1526, because it would have restricted
access to public information about automobile vendors.
Others were vetoed because they were unnecessary or conflicted
with provisions of other laws.
Many of the bills
that passed, however, contain only boiler plate language authorizing
or requiring public agencies to utilize information technology and I
have opted not to brief them. Nor
have I briefed bills in which only tangentially touched upon records
such as HB 258, which allows retirement systems to correct errors in
their records.
This session saw the
continuation of the conflict between security and privacy concerns and
the advocation of open records. Perhaps
the trauma of the September 11, 2001 attack upon the United States
gave security the upper hand. Numerous bills make it easier for state
agencies to share and obtain criminal history information and others
sought to prevent public (including media) access to governmental
records including working files and information on individuals.
Though not briefed
here, we all should be aware of HB 4, the act that reforms civil
litigation. Applying to a wide
range of professions (especially those involved in health care) it
restricts admissibility of some types of evidence and modifies
statutes of limitations.
The reasoning behind
some bills is remarkable. HB
2725 (briefed below) expedites expunctions of criminal records for
acquitted defendants because (to quote the Senate Research
Committee’s Bill Analysis) “it is extremely expensive for court
clerks to store these records for an entire year” and yet the
Legislative Budget Board opined “no fiscal implications to units of
local governments is anticipated.”
Because
laws are longer and more complex than these briefs, readers are
enjoined to do their own research. They
are also warned that this report deals only with records issues which
are frequently only a small part of entire bill.
Full text and related reports to each bill can be found at http://www.capitol.state.tx.us/.
Also, if anyone identifies other bills of significance to
information professionals, please report it to me at paul_scott@fpm.co.harris.tx.us. |
