H.B. No. 859
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.