BILL ANALYSIS

Senate Research Center	S.B. 811
88R7333 BEE-D	By: Kolkhorst
	Water, Agriculture, & Rural Affairs
	3/8/2023
	As Filed

AUTHOR'S / SPONSOR'S STATEMENT OF INTENT

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 that it placed restrictions on the ability of 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 was necessary to clarify the authority of TPWD to notify nearby landowners of outbreaks. Additionally clarification was needed for TPWD to be able to share information with TAHC who often has to work closely with TPWD on animal diseases. This legislation gives clarity to both TPWD and TAHC so both agencies can fulfill their respective missions.

Key Points:

The bill amends the Agriculture Code to authorize disclosure of information regarding wildlife disease outbreak location and nature, made aware by the Texas Animal Health Commission, to be shared with each owner of adjacent property and TPWD.

The bill amends the Parks and Wildlife Code to authorize the disclosure of information regarding wildlife disease outbreak location and nature, made aware by TPWD, to be shared with each owner of adjacent property and the Texas Animal Health Commission.

The bill amends the Parks and Wildlife Code to allow for TPWD to disclose information to the Texas Animal Health Commission as needed to carry out a governmental purpose.

As proposed, S.B. 811 amends current law relating to disclosure of certain information by the Parks and Wildlife Department or the Texas Animal Health Commission.

RULEMAKING AUTHORITY

This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency.

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Subchapter C, Chapter 161, Agriculture Code, by adding Section 161.0542, as follows:

Sec. 161.0542. NOTICE OF WILDLIFE DISEASE OUTBREAK. Requires the Texas Animal Health Commission (TAHC), notwithstanding any law restricting the disclosure of information by TAHC, if TAHC becomes aware of a wildlife disease outbreak on a property, to provide notice of the location and nature of the outbreak to:

(1) each owner of adjacent property; and

(2) the Texas Parks and Wildlife Department (TPWD).

SECTION 2. Amends Section 11.030(a), Parks and Wildlife Code, as follows:

(a) Prohibits the name and address and a telephone, social security, driver's license, bank account, credit card, or charge card number of a person who purchases customer products, licenses, or services from TPWD from being disclosed, sold, rented, or traded except as authorized under Section 11.030 (Disclosure of Personal Customer Information) or Section 12.014, 12.103 (Entering Land; Use of Information Obtained by Entry; Civil Penalty), or 12.0251 (Disclosure of Information Collected during Technical Guidance to Private Landowner).

SECTION 3. Amends Subchapter A, Chapter 12, Parks and Wildlife Code, by adding Section 12.014, as follows:

Sec. 12.014. NOTICE OF WILDLIFE DISEASE OUTBREAK. Requires TPWD, notwithstanding any law restricting the disclosure of information by TPWD, if TPWD becomes aware of a wildlife disease outbreak on a property, to provide notice of the location and nature of the outbreak to each owner of adjacent property and to TAHC.

SECTION 4. Amends Section 12.0251(b), Parks and Wildlife Code, as follows:

(b) Authorizes the Texas Parks and Wildlife Commission (TPWC) or TPWD to disclose information described by this section only to:

(1) the landowner;

(2) another person if the landowner consents to full or specified partial disclosure of information and the consent is in writing and is attached to the plan or recommendation report; or

(3) TAHC as needed to carry out a governmental purpose.

Deletes existing text authorizing TPWC or TPWD to disclose information described by this section only to the landowner unless the landowner consents to full or specified partial disclosure of information and the consent is in writing and is attached to the plan or recommendation report. Makes nonsubstantive changes.

SECTION 5. Amends Section 12.103, Parks and Wildlife Code, by amending Subsections (b) and (c) and adding Subsection (d-1), as follows:

(b) Authorizes TPWD, except as provided by Subsection (d) (relating to authorizing TPWD to collect, enter, and report certain data), or (d-1), to use information collected by an employee of TPWD on privately owned land only for the purposes of scientific investigations and research described in Subsection (a) (relating to authorizing TPWD employees to enter certain land or water for enforcement or scientific purposes) and only if authorized in writing by the landowner or the landowner's agent.

(d-1) Authorizes TPWD to disclose information collected under this section to TAHC as needed to carry out a governmental purpose.

SECTION 6. Effective date: upon passage or September 1, 2023.