By Greenberg, Carter, et al. H.B. No. 859 A BILL TO BE ENTITLED 1-1 AN ACT 1-2 relating to confidentiality of certain information of a customer of 1-3 a government-operated utility; providing a criminal penalty. 1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-5 SECTION 1. DEFINITIONS. In this Act: 1-6 (1) "Government-operated utility" means an entity 1-7 that: 1-8 (A) is a governmental body or is governed by a 1-9 governmental body, as defined by Section 2(1), Chapter 424, Acts of 1-10 the 63rd Legislature, Regular Session, 1973 (Article 6252-17a, 1-11 Vernon's Texas Civil Statutes); and 1-12 (B) provides water, wastewater, sewer, gas, 1-13 garbage, electricity, or drainage service for compensation. 1-14 (2) "Personal information" means an individual's 1-15 address, telephone number, or social security number. 1-16 (3) "Consumer reporting agency" means any person 1-17 which, for monetary fees, dues, or on a cooperative nonprofit 1-18 basis, regularly engages in whole or in part in the practice of 1-19 assembling or evaluating consumer credit information or other 1-20 information on consumers for the purpose of furnishing consumer 1-21 reports to third parties. 1-22 SECTION 2. CONFIDENTIALITY OF PERSONAL INFORMATION. Except 1-23 as provided by Section 5 of this Act, a government-operated utility 1-24 may not disclose personal information in a customer's account 2-1 records if the customer requests that the government-operated 2-2 utility keep the information confidential. The customer may 2-3 request confidentiality by delivering to the government-operated 2-4 utility an appropriately marked form provided under Section 4(3) of 2-5 this Act or any other written request for confidentiality. The 2-6 customer may rescind a request for confidentiality by providing the 2-7 government-operated utility written permission to disclose personal 2-8 information. 2-9 SECTION 3. FEE. The government-operated utility may charge 2-10 a fee not to exceed the administrative costs of complying with a 2-11 request of confidentiality. 2-12 SECTION 4. NOTICE; REQUEST. A government-operated utility 2-13 shall include with a bill sent to each of its customers: 2-14 (1) a notice of the customer's right to request 2-15 confidentiality of personal information under this Act; 2-16 (2) a statement of the amount of any fee applicable to 2-17 the request; and 2-18 (3) a form that the customer may use to request that 2-19 confidentiality by marking an appropriate box on the form and 2-20 returning it to the government-operated utility. 2-21 SECTION 5. EXCEPTIONS. This Act does not prohibit a 2-22 government-operated utility from disclosing personal information in 2-23 a customer's account records to: 2-24 (1) an official or employee of the state or a 2-25 political subdivision of the state, or the federal government 2-26 acting in an official capacity; 2-27 (2) an employee of a utility acting in connection with 3-1 the employee's duties; 3-2 (3) a consumer reporting agency; 3-3 (4) a contractor or sub-contractor approved by and 3-4 providing services to the utility or to the state, a political 3-5 subdivision of the state, the federal government, or an agency of 3-6 the state or federal government; 3-7 (5) a person for whom the customer has contractually 3-8 waived confidentiality for personal information; or 3-9 (6) another entity that provides water, wastewater, 3-10 sewer, gas, garbage, electricity, or drainage service for 3-11 compensation. 3-12 SECTION 6. NO CIVIL LIABILITY FROM VIOLATION. A 3-13 government-operated utility or an officer or employee of a 3-14 government-operated utility is immune from civil liability for a 3-15 violation of this Act. 3-16 SECTION 7. EFFECTIVE DATE. This Act takes effect September 3-17 1, 1993. 3-18 SECTION 8. EMERGENCY. The importance of this legislation 3-19 and the crowded condition of the calendars in both houses create an 3-20 emergency and an imperative public necessity that the 3-21 constitutional rule requiring bills to be read on three several 3-22 days in each house be suspended, and this rule is hereby suspended.