H.B. No. 3257
AN ACT
relating to the confidentiality of certain biosecurity and other
sensitive information shared with the Texas Animal Health
Commission.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter A, Chapter 161, Agriculture Code, is
amended by adding Section 161.009 to read as follows:
Sec. 161.009. CONFIDENTIALITY OF BIOSECURITY AND OTHER
SENSITIVE INFORMATION. (a) Except as provided by Subsections (b)
and (c), information held by the commission is confidential and
excepted from disclosure under Chapter 552, Government Code, if the
information consists of or relates to a biosecurity plan, a secure
food supply plan, an emergency preparedness plan, or biosecurity
data that was voluntarily provided to the commission by an owner or
caretaker of an animal.
(b) The commission may release information described by
Subsection (a) to:
(1) the attorney general's office, for the purpose of
law enforcement;
(2) the secretary of the United States Department of
Agriculture, for the purpose of animal health protection;
(3) the secretary of the Department of Homeland
Security, for the purpose of homeland security;
(4) the Department of State Health Services, for the
purpose of protecting the public health from zoonotic diseases;
(5) any person, if required by a court order;
(6) a federal, state, municipal, or county emergency
management authority, for the purpose of management or response to
natural or man-made disasters; or
(7) any person the executive director of the
commission considers appropriate, if:
(A) the executive director determines that:
(i) livestock may be threatened by a
disease, agent, or pest; and
(ii) the release of the information is
related to actions the commission may take in performance of its
powers and duties; or
(B) the executive director determines that the
release of the information is necessary for emergency management
purposes under Chapter 418, Government Code.
(c) The commission's release of confidential information
under Subsection (b):
(1) does not affect the confidentiality of the
information;
(2) is not an offense under Section 552.352,
Government Code; and
(3) is not a voluntary disclosure for purposes of
Section 552.007, Government Code.
SECTION 2. This Act takes effect September 1, 2023.
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 3257 was passed by the House on May 9,
2023, by the following vote: Yeas 140, Nays 2, 2 present, not
voting.
______________________________
Chief Clerk of the House
I certify that H.B. No. 3257 was passed by the Senate on May
24, 2023, by the following vote: Yeas 31, Nays 0.
______________________________
Secretary of the Senate
APPROVED: _____________________
Date
_____________________
Governor