Highlights 77th Texas Legislature - Senate

STATE AFFAIRS
Issues
FFAIRS/Public Information & Privacy
77 th Texas Legislature
Authorizes the bar to collect from each member an annual fee of not more than $10 for administering this
Act.
State Government Privacy Policy - H.B. 1922
by Representative McCall, et al.
Senate Sponsor: Senator Duncan
Requires each state governmental body that collects information about an individual, either through a paper
or electronic format, to prominently state that the individual is entitled to receive and review the information
collected. It also mandates each state governmental body to establish a reasonable procedure for
correcting personal information without imposing a charge on the individual, unless the provision conflicts
with the open record requirements. Finally, it creates a state privacy task force to research privacy issues
and recommend legislation to protect personal information collected by the state.
Chemical Dependency Diagnoses Expunged in Certain Medical Records - H.B. 2178
by Representative Salinas
Senate Sponsor: Senator Moncrief
Data indicate that 1170 children in Texas younger than 10 years of age were diagnosed as chemically
dependent or chemically abusive, and 3779 children who are 10 through 13 years of age have received
chemical dependency treatment. After chemical dependency services are rendered and a Medicaid claim
is filed with the National Health Insurance Corporation (NHIC), the child's treatment history is entered into
the NHIC database that can then be accessed by private insurance companies when researching potential
policyholders for preexisting conditions. Consequently, children can be stigmatized and penalized
throughout their lives for what could have been an incorrect or fraudulent diagnosis of chemical
dependency or abuse.
Requires a diagnosis of chemical dependency to be expunged from a child's records following the final
conviction of a chemical dependency treatment provider for submitting a fraudulent claim for Medicaid
reimbursement.
Legislative Council Studies and Access to Student Records - H.B. 2853
by Representative Bosse
Senate Sponsor: Senator Cain
The 76th Legislature passed legislation providing for the collection and analysis by the Texas Legislative
Council of statistical and demographic information and requiring state agencies to cooperate in the
gathering of information and the production of reports dealing with recent appellate decisions. 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.
Senate Research Center 291