1 | 1 | | H.B. No. 3257 |
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2 | 2 | | |
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3 | 3 | | |
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4 | 4 | | AN ACT |
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5 | 5 | | relating to the confidentiality of certain biosecurity and other |
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6 | 6 | | sensitive information shared with the Texas Animal Health |
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7 | 7 | | Commission. |
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8 | 8 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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9 | 9 | | SECTION 1. Subchapter A, Chapter 161, Agriculture Code, is |
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10 | 10 | | amended by adding Section 161.009 to read as follows: |
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11 | 11 | | Sec. 161.009. CONFIDENTIALITY OF BIOSECURITY AND OTHER |
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12 | 12 | | SENSITIVE INFORMATION. (a) Except as provided by Subsections (b) |
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13 | 13 | | and (c), information held by the commission is confidential and |
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14 | 14 | | excepted from disclosure under Chapter 552, Government Code, if the |
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15 | 15 | | information consists of or relates to a biosecurity plan, a secure |
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16 | 16 | | food supply plan, an emergency preparedness plan, or biosecurity |
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17 | 17 | | data that was voluntarily provided to the commission by an owner or |
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18 | 18 | | caretaker of an animal. |
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19 | 19 | | (b) The commission may release information described by |
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20 | 20 | | Subsection (a) to: |
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21 | 21 | | (1) the attorney general's office, for the purpose of |
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22 | 22 | | law enforcement; |
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23 | 23 | | (2) the secretary of the United States Department of |
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24 | 24 | | Agriculture, for the purpose of animal health protection; |
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25 | 25 | | (3) the secretary of the Department of Homeland |
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26 | 26 | | Security, for the purpose of homeland security; |
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27 | 27 | | (4) the Department of State Health Services, for the |
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28 | 28 | | purpose of protecting the public health from zoonotic diseases; |
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29 | 29 | | (5) any person, if required by a court order; |
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30 | 30 | | (6) a federal, state, municipal, or county emergency |
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31 | 31 | | management authority, for the purpose of management or response to |
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32 | 32 | | natural or man-made disasters; or |
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33 | 33 | | (7) any person the executive director of the |
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34 | 34 | | commission considers appropriate, if: |
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35 | 35 | | (A) the executive director determines that: |
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36 | 36 | | (i) livestock may be threatened by a |
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37 | 37 | | disease, agent, or pest; and |
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38 | 38 | | (ii) the release of the information is |
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39 | 39 | | related to actions the commission may take in performance of its |
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40 | 40 | | powers and duties; or |
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41 | 41 | | (B) the executive director determines that the |
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42 | 42 | | release of the information is necessary for emergency management |
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43 | 43 | | purposes under Chapter 418, Government Code. |
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44 | 44 | | (c) The commission's release of confidential information |
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45 | 45 | | under Subsection (b): |
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46 | 46 | | (1) does not affect the confidentiality of the |
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47 | 47 | | information; |
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48 | 48 | | (2) is not an offense under Section 552.352, |
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49 | 49 | | Government Code; and |
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50 | 50 | | (3) is not a voluntary disclosure for purposes of |
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51 | 51 | | Section 552.007, Government Code. |
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52 | 52 | | SECTION 2. This Act takes effect September 1, 2023. |
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53 | 53 | | ______________________________ ______________________________ |
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54 | 54 | | President of the Senate Speaker of the House |
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55 | 55 | | I certify that H.B. No. 3257 was passed by the House on May 9, |
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56 | 56 | | 2023, by the following vote: Yeas 140, Nays 2, 2 present, not |
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57 | 57 | | voting. |
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58 | 58 | | ______________________________ |
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59 | 59 | | Chief Clerk of the House |
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60 | 60 | | I certify that H.B. No. 3257 was passed by the Senate on May |
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61 | 61 | | 24, 2023, by the following vote: Yeas 31, Nays 0. |
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62 | 62 | | ______________________________ |
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63 | 63 | | Secretary of the Senate |
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64 | 64 | | APPROVED: _____________________ |
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65 | 65 | | Date |
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66 | 66 | | _____________________ |
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67 | 67 | | Governor |
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