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.