BILL ANALYSIS

H.B. 3257

By: Kacal

Agriculture & Livestock

Committee Report (Unamended)

BACKGROUND AND PURPOSE

According to the Texas Animal Health Commission (TAHC), the Secure Food Supply (SFS) program exists to promote continuity of business during a foreign animal disease outbreak through the implementation of enhanced biosecurity plans. As such, the TAHC, which operates the SFS program, collects sensitive information such as detailed property maps and emergency operations plans. Of principal concern is the breadth of proprietary business information which, if obtained by illicit parties, could result in detrimental harm to business continuity. H.B. 3257 seeks to address these concerns by making confidential all biosecurity plans, secure food supply plans, emergency preparedness plans, and voluntarily supplied biosecurity data that is held by the TAHC.

CRIMINAL JUSTICE IMPACT

It is the committee's opinion that this bill does not expressly create a criminal offense, increase the punishment for an existing criminal offense or category of offenses, or change the eligibility of a person for community supervision, parole, or mandatory supervision.

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.

ANALYSIS

H.B. 3257 amends the Agriculture Code to make information held by the Texas Animal Health Commission (TAHC) confidential and exempt from disclosure under state public information law 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 TAHC by an owner or caretaker of an animal. However, the TAHC may release such information to any of the following entities:

· the attorney general's office, for the purpose of law enforcement;

· the secretary of the U.S. Department of Agriculture, for the purpose of animal health protection;

· the secretary of the U.S. Department of Homeland Security, for the purpose of homeland security;

· the Department of State Health Services, for the purpose of protecting the public health from zoonotic diseases;

· any person, if required by a court order;

· a federal, state, municipal, or county emergency management authority, for the purpose of management or response to natural or man-made disasters; or

· any person the TAHC executive director considers appropriate if:

o the executive director determines that a disease, agent, or pest may threaten livestock and the release of the information is related to actions the TAHC may take in performance of its powers and duties; or

o the executive director determines that the release of the information is necessary for emergency management purposes under the Texas Disaster Act of 1975.

The bill establishes that the TAHC's release of the confidential information does not affect the confidentiality of the information and does not constitute an offense of distribution or misuse of confidential information. The bill also establishes that that release is not considered a voluntary disclosure under state public information law.

EFFECTIVE DATE

September 1, 2023.