| |
| |
| |
|
|
AN ACT
|
|
|
relating to the confidentiality of certain biosecurity and other |
|
|
sensitive information shared with the Texas Animal Health |
|
|
Commission. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Subchapter A, Chapter 161, Agriculture Code, is |
|
|
amended by adding Section 161.009 to read as follows: |
|
|
Sec. 161.009. CONFIDENTIALITY OF BIOSECURITY AND OTHER |
|
|
SENSITIVE INFORMATION. (a) Except as provided by Subsections (b) |
|
|
and (c), information held by the commission is confidential and |
|
|
excepted from disclosure under Chapter 552, Government Code, 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 commission by an owner or |
|
|
caretaker of an animal. |
|
|
(b) The commission may release information described by |
|
|
Subsection (a) to: |
|
|
(1) the attorney general's office, for the purpose of |
|
|
law enforcement; |
|
|
(2) the secretary of the United States Department of |
|
|
Agriculture, for the purpose of animal health protection; |
|
|
(3) the secretary of the Department of Homeland |
|
|
Security, for the purpose of homeland security; |
|
|
(4) the Department of State Health Services, for the |
|
|
purpose of protecting the public health from zoonotic diseases; |
|
|
(5) any person, if required by a court order; |
|
|
(6) a federal, state, municipal, or county emergency |
|
|
management authority, for the purpose of management or response to |
|
|
natural or man-made disasters; or |
|
|
(7) any person the executive director of the |
|
|
commission considers appropriate, if: |
|
|
(A) the executive director determines that: |
|
|
(i) livestock may be threatened by a |
|
|
disease, agent, or pest; and |
|
|
(ii) the release of the information is |
|
|
related to actions the commission may take in performance of its |
|
|
powers and duties; or |
|
|
(B) the executive director determines that the |
|
|
release of the information is necessary for emergency management |
|
|
purposes under Chapter 418, Government Code. |
|
|
(c) The commission's release of confidential information |
|
|
under Subsection (b): |
|
|
(1) does not affect the confidentiality of the |
|
|
information; |
|
|
(2) is not an offense under Section 552.352, |
|
|
Government Code; and |
|
|
(3) is not a voluntary disclosure for purposes of |
|
|
Section 552.007, Government Code. |
|
|
SECTION 2. This Act takes effect September 1, 2023. |
| |
| |
| |
______________________________ |
______________________________ |
| |
President of the Senate |
Speaker of the House |
| |
| |
|
|
I certify that H.B. No. 3257 was passed by the House on May 9, |
|
|
2023, by the following vote: Yeas 140, Nays 2, 2 present, not |
|
|
voting. |
|
|
|
|
|
______________________________ |
|
|
Chief Clerk of the House |
| |
| |
|
|
I certify that H.B. No. 3257 was passed by the Senate on May |
|
|
24, 2023, by the following vote: Yeas 31, Nays 0. |
|
|
|
|
|
______________________________ |
|
|
Secretary of the Senate |
|
|
APPROVED: _____________________ |
|
|
Date |
|
|
|
|
|
_____________________ |
|
|
Governor |