BILL ANALYSIS

S.B. 811

By: Kolkhorst

Culture, Recreation & Tourism

Committee Report (Unamended)

BACKGROUND AND PURPOSE

In 2021, the legislature passed S.B. 15 to protect consumer data from being shared by state agencies. One unintended consequence of the legislation was the restriction it placed on the ability of the Texas Parks and Wildlife Department (TPWD) and Texas Animal Health Commission (TAHC) to notify nearby landowners about outbreaks of wildlife diseases. TPWD determined that legislation is necessary to clarify their authority to notify nearby landowners of outbreaks. Additionally, clarification is needed for TPWD to be able to share information with TAHC, who often works closely with TPWD on the management of animal diseases. S.B. 811 seeks to address these issues by authorizing the disclosure of the location and nature of information regarding wildlife disease outbreaks to be shared with each owner of adjacent property and between TPWD and 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

S.B. 811 amends the Agricultural Code and the Parks and Wildlife Code to require the Texas Animal Health Commission (TAHC) and the Parks and Wildlife Department (TPWD), as applicable, to provide notice of the location and nature of a wildlife disease outbreak on a property, upon becoming aware of such an outbreak, to the following:

· each owner of adjacent property; and

· TPWD or the TAHC, as applicable.

The notice requirements apply only to a disease that the TAHC has designated as reportable and are included as an exception to the prohibition against disclosure of specified personal information of a person who purchases customer products, licenses, or services from TPWD.

S.B. 811 includes the TAHC among the entities to which TPWD or the Parks and Wildlife Commission may disclose certain information that is collected during technical guidance provided to a private landowner if that disclosure is needed to carry out a governmental purpose. The bill authorizes TPWD to disclose to the TAHC, as needed to carry out a governmental purpose, information collected by a TPWD employee on privately owned land for the purposes of scientific investigations and research regarding wild game or fish.

EFFECTIVE DATE

On passage, or, if the bill does not receive the necessary vote, September 1, 2023.