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AN ACT
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relating to disclosure of certain information by the Parks and |
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Wildlife Department or the Texas Animal Health Commission. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter C, Chapter 161, Agriculture Code, is |
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amended by adding Section 161.0542 to read as follows: |
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Sec. 161.0542. NOTICE OF WILDLIFE DISEASE OUTBREAK. (a) |
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Notwithstanding any law restricting the disclosure of information |
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by the commission and subject to Subsection (b), if the commission |
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becomes aware of a wildlife disease outbreak on a property, the |
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commission shall provide notice of the location and nature of the |
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outbreak to: |
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(1) each owner of adjacent property; and |
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(2) the Parks and Wildlife Department. |
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(b) Subsection (a) applies only to a disease that the |
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commission has designated as reportable. |
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SECTION 2. Section 11.030(a), Parks and Wildlife Code, is |
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amended to read as follows: |
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(a) The name and address and a telephone, social security, |
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driver's license, bank account, credit card, or charge card number |
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of a person who purchases customer products, licenses, or services |
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from the department may not be disclosed, sold, rented, or traded |
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except as authorized under this section or Section 12.014, 12.103, |
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or 12.0251. |
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SECTION 3. Subchapter A, Chapter 12, Parks and Wildlife |
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Code, is amended by adding Section 12.014 to read as follows: |
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Sec. 12.014. NOTICE OF WILDLIFE DISEASE OUTBREAK. (a) |
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Notwithstanding any law restricting the disclosure of information |
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by the department and subject to Subsection (b), if the department |
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becomes aware of a wildlife disease outbreak on a property, the |
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department shall provide notice of the location and nature of the |
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outbreak to: |
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(1) each owner of adjacent property; and |
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(2) the Texas Animal Health Commission. |
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(b) Subsection (a) applies only to a disease that the Texas |
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Animal Health Commission has designated as reportable. |
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SECTION 4. Section 12.0251(b), Parks and Wildlife Code, is |
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amended to read as follows: |
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(b) The commission or the department may disclose |
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information described by this section only to: |
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(1) the landowner; |
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(2) another person if [unless: |
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[(1)] the landowner consents to full or specified |
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partial disclosure of information[;] and |
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[(2)] the consent is in writing and is attached to the |
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plan or recommendation report; or |
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(3) the Texas Animal Health Commission as needed to |
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carry out a governmental purpose. |
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SECTION 5. Section 12.103, Parks and Wildlife Code, is |
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amended by amending Subsections (b) and (c) and adding Subsection |
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(d-1) to read as follows: |
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(b) Except as provided by Subsection (d) or (d-1), the |
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department may use information collected by an employee of the |
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department on privately owned land only for the purposes of |
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scientific investigations and research described in Subsection (a) |
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and only if authorized in writing by the landowner or the |
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landowner's agent. Unless the department first obtains the written |
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consent of the landowner or the landowner's agent, the department |
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may not: |
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(1) use other incidental information obtained on the |
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land that does not pertain directly to the investigation or |
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research authorized under Subsection (a); or |
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(2) enter or permit the entry of any information that |
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does not pertain directly to the investigation or research |
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authorized under Subsection (a), into a database: |
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(A) maintained by the department and available to |
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a person other than a department employee; |
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(B) maintained by a natural heritage program |
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administered by the department; or |
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(C) established and maintained by any other |
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person. |
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(c) Except as provided by Subsection (d) or (d-1), |
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information collected under this section may only be reported or |
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compiled in a manner that prevents the identification of an |
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individual parcel or specific parcels of private property without |
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the written consent of the landowner or the landowner's agent. |
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(d-1) The department may disclose information collected |
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under this section to the Texas Animal Health Commission as needed |
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to carry out a governmental purpose. |
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SECTION 6. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2023. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I hereby certify that S.B. No. 811 passed the Senate on |
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March 21, 2023, by the following vote: Yeas 31, Nays 0. |
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______________________________ |
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Secretary of the Senate |
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I hereby certify that S.B. No. 811 passed the House on |
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May 12, 2023, by the following vote: Yeas 139, Nays 1, two |
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present not voting. |
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______________________________ |
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Chief Clerk of the House |
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Approved: |
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______________________________ |
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Date |
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______________________________ |
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Governor |