By:  Greenberg                                         H.B. No. 859
       73R3704 DWS-D
                                 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 name,
   1-15  address, telephone number, or social security number.
   1-16        SECTION 2.  CONFIDENTIALITY OF PERSONAL INFORMATION.  Except
   1-17  as provided by Section 5 of this Act, a government-operated utility
   1-18  may not disclose personal information in a customer's account
   1-19  records if the customer requests that the government-operated
   1-20  utility keep the information confidential.  The customer may
   1-21  request confidentiality by delivering to the government-operated
   1-22  utility an appropriately marked form provided under Section 3(3) of
   1-23  this Act or any other written request for confidentiality.  The
   1-24  customer may rescind a request for confidentiality by providing the
    2-1  government-operated utility written permission to disclose personal
    2-2  information.
    2-3        SECTION 3.  FEE.  The government-operated utility may charge
    2-4  a fee of not more than $5 for a request of confidentiality.
    2-5        SECTION 4.  NOTICE; REQUEST.  A government-operated utility
    2-6  shall include with a bill sent to each of its customers:
    2-7              (1)  a notice of the customer's right to request
    2-8  confidentiality of personal information under this Act;
    2-9              (2)  a statement of the amount of any fee applicable to
   2-10  the request; and
   2-11              (3)  a form that the customer may use to request that
   2-12  confidentiality by marking an appropriate box on the form and
   2-13  returning it to the government-operated utility.
   2-14        SECTION 5.  EXCEPTIONS.  This Act does not prohibit a
   2-15  government-operated utility from disclosing personal information in
   2-16  a customer's account records to:
   2-17              (1)  an official or employee of the state or a
   2-18  political subdivision of the state acting in an official capacity;
   2-19  or
   2-20              (2)  an employee of a utility acting in connection with
   2-21  the employee's duties.
   2-22        SECTION 6.  PENALTY.  (a)  An officer or employee of a
   2-23  government-operated utility commits an offense if the officer or
   2-24  employee discloses confidential personal information in violation
   2-25  of this Act.
   2-26        (b)  An offense under this section is a Class C misdemeanor.
   2-27        SECTION 7.  NO CIVIL LIABILITY FROM VIOLATION.  A
    3-1  government-operated utility or an officer or employee of a
    3-2  government-operated utility is immune from civil liability for a
    3-3  violation of this Act.
    3-4        SECTION 8.  EFFECTIVE DATE.  This Act takes effect September
    3-5  1, 1993.
    3-6        SECTION 9.  EMERGENCY.  The importance of this legislation
    3-7  and the crowded condition of the calendars in both houses create an
    3-8  emergency   and   an   imperative   public   necessity   that   the
    3-9  constitutional rule requiring bills to be read on three several
   3-10  days in each house be suspended, and this rule is hereby suspended.