Texas 2023 - 88th Regular

Texas Senate Bill SB811 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	S.B. No. 811
2	2
3	3
4	4	AN ACT
5	5	relating to disclosure of certain information by the Parks and
6	6	Wildlife Department or the Texas Animal Health Commission.
7	7	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
8	8	SECTION 1. Subchapter C, Chapter 161, Agriculture Code, is
9	9	amended by adding Section 161.0542 to read as follows:
10	10	Sec. 161.0542. NOTICE OF WILDLIFE DISEASE OUTBREAK. (a)
11	11	Notwithstanding any law restricting the disclosure of information
12	12	by the commission and subject to Subsection (b), if the commission
13	13	becomes aware of a wildlife disease outbreak on a property, the
14	14	commission shall provide notice of the location and nature of the
15	15	outbreak to:
16	16	(1) each owner of adjacent property; and
17	17	(2) the Parks and Wildlife Department.
18	18	(b) Subsection (a) applies only to a disease that the
19	19	commission has designated as reportable.
20	20	SECTION 2. Section 11.030(a), Parks and Wildlife Code, is
21	21	amended to read as follows:
22	22	(a) The name and address and a telephone, social security,
23	23	driver's license, bank account, credit card, or charge card number
24	24	of a person who purchases customer products, licenses, or services
25	25	from the department may not be disclosed, sold, rented, or traded
26	26	except as authorized under this section or Section 12.014, 12.103,
27	27	or 12.0251.
28	28	SECTION 3. Subchapter A, Chapter 12, Parks and Wildlife
29	29	Code, is amended by adding Section 12.014 to read as follows:
30	30	Sec. 12.014. NOTICE OF WILDLIFE DISEASE OUTBREAK. (a)
31	31	Notwithstanding any law restricting the disclosure of information
32	32	by the department and subject to Subsection (b), if the department
33	33	becomes aware of a wildlife disease outbreak on a property, the
34	34	department shall provide notice of the location and nature of the
35	35	outbreak to:
36	36	(1) each owner of adjacent property; and
37	37	(2) the Texas Animal Health Commission.
38	38	(b) Subsection (a) applies only to a disease that the Texas
39	39	Animal Health Commission has designated as reportable.
40	40	SECTION 4. Section 12.0251(b), Parks and Wildlife Code, is
41	41	amended to read as follows:
42	42	(b) The commission or the department may disclose
43	43	information described by this section only to:
44	44	(1) the landowner;
45	45	(2) another person if [unless:
46	46	[(1)] the landowner consents to full or specified
47	47	partial disclosure of information[;] and
48	48	[(2)] the consent is in writing and is attached to the
49	49	plan or recommendation report; or
50	50	(3) the Texas Animal Health Commission as needed to
51	51	carry out a governmental purpose.
52	52	SECTION 5. Section 12.103, Parks and Wildlife Code, is
53	53	amended by amending Subsections (b) and (c) and adding Subsection
54	54	(d-1) to read as follows:
55	55	(b) Except as provided by Subsection (d) or (d-1), the
56	56	department may use information collected by an employee of the
57	57	department on privately owned land only for the purposes of
58	58	scientific investigations and research described in Subsection (a)
59	59	and only if authorized in writing by the landowner or the
60	60	landowner's agent. Unless the department first obtains the written
61	61	consent of the landowner or the landowner's agent, the department
62	62	may not:
63	63	(1) use other incidental information obtained on the
64	64	land that does not pertain directly to the investigation or
65	65	research authorized under Subsection (a); or
66	66	(2) enter or permit the entry of any information that
67	67	does not pertain directly to the investigation or research
68	68	authorized under Subsection (a), into a database:
69	69	(A) maintained by the department and available to
70	70	a person other than a department employee;
71	71	(B) maintained by a natural heritage program
72	72	administered by the department; or
73	73	(C) established and maintained by any other
74	74	person.
75	75	(c) Except as provided by Subsection (d) or (d-1),
76	76	information collected under this section may only be reported or
77	77	compiled in a manner that prevents the identification of an
78	78	individual parcel or specific parcels of private property without
79	79	the written consent of the landowner or the landowner's agent.
80	80	(d-1) The department may disclose information collected
81	81	under this section to the Texas Animal Health Commission as needed
82	82	to carry out a governmental purpose.
83	83	SECTION 6. This Act takes effect immediately if it receives
84	84	a vote of two-thirds of all the members elected to each house, as
85	85	provided by Section 39, Article III, Texas Constitution. If this
86	86	Act does not receive the vote necessary for immediate effect, this
87	87	Act takes effect September 1, 2023.
88	88	______________________________ ______________________________
89	89	President of the Senate Speaker of the House
90	90	I hereby certify that S.B. No. 811 passed the Senate on
91	91	March 21, 2023, by the following vote: Yeas 31, Nays 0.
92	92	______________________________
93	93	Secretary of the Senate
94	94	I hereby certify that S.B. No. 811 passed the House on
95	95	May 12, 2023, by the following vote: Yeas 139, Nays 1, two
96	96	present not voting.
97	97	______________________________
98	98	Chief Clerk of the House
99	99	Approved:
100	100	______________________________
101	101	Date
102	102	______________________________
103	103	Governor