1-1 By: Greenberg, et al. (Senate Sponsor - Rosson) H.B. No. 859
1-2 (In the Senate - Received from the House May 13, 1993;
1-3 May 14, 1993, read first time and referred to Committee on State
1-4 Affairs; May 21, 1993, reported favorably by the following vote:
1-5 Yeas 8, Nays 0; May 21, 1993, sent to printer.)
1-6 COMMITTEE VOTE
1-7 Yea Nay PNV Absent
1-8 Harris of Dallas x
1-9 Rosson x
1-10 Carriker x
1-11 Henderson x
1-12 Leedom x
1-13 Lucio x
1-14 Luna x
1-15 Nelson x
1-16 Patterson x
1-17 Shelley x
1-18 Sibley x
1-19 West x
1-20 Whitmire x
1-21 A BILL TO BE ENTITLED
1-22 AN ACT
1-23 relating to confidentiality of certain information of a customer of
1-24 a government-operated utility; providing a criminal penalty.
1-25 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-26 SECTION 1. DEFINITIONS. In this Act:
1-27 (1) "Government-operated utility" means an entity
1-28 that:
1-29 (A) is a governmental body or is governed by a
1-30 governmental body, as defined by Section 2(1), Chapter 424, Acts of
1-31 the 63rd Legislature, Regular Session, 1973 (Article 6252-17a,
1-32 Vernon's Texas Civil Statutes); and
1-33 (B) provides water, wastewater, sewer, gas,
1-34 garbage, electricity, or drainage service for compensation.
1-35 (2) "Personal information" means an individual's
1-36 address, telephone number, or social security number.
1-37 (3) "Consumer reporting agency" means any person
1-38 which, for monetary fees, dues, or on a cooperative nonprofit
1-39 basis, regularly engages in whole or in part in the practice of
1-40 assembling or evaluating consumer credit information or other
1-41 information on consumers for the purpose of furnishing consumer
1-42 reports to third parties.
1-43 SECTION 2. CONFIDENTIALITY OF PERSONAL INFORMATION. Except
1-44 as provided by Section 5 of this Act, a government-operated utility
1-45 may not disclose personal information in a customer's account
1-46 records if the customer requests that the government-operated
1-47 utility keep the information confidential. The customer may
1-48 request confidentiality by delivering to the government-operated
1-49 utility an appropriately marked form provided under Section 4(3) of
1-50 this Act or any other written request for confidentiality. The
1-51 customer may rescind a request for confidentiality by providing the
1-52 government-operated utility written permission to disclose personal
1-53 information.
1-54 SECTION 3. FEE. The government-operated utility may charge
1-55 a fee not to exceed the administrative costs of complying with a
1-56 request of confidentiality.
1-57 SECTION 4. NOTICE; REQUEST. A government-operated utility
1-58 shall include with a bill sent to each of its customers:
1-59 (1) a notice of the customer's right to request
1-60 confidentiality of personal information under this Act;
1-61 (2) a statement of the amount of any fee applicable to
1-62 the request; and
1-63 (3) a form that the customer may use to request that
1-64 confidentiality by marking an appropriate box on the form and
1-65 returning it to the government-operated utility.
1-66 SECTION 5. EXCEPTIONS. This Act does not prohibit a
1-67 government-operated utility from disclosing personal information in
1-68 a customer's account records to:
2-1 (1) an official or employee of the state or a
2-2 political subdivision of the state, or the federal government
2-3 acting in an official capacity;
2-4 (2) an employee of a utility acting in connection with
2-5 the employee's duties;
2-6 (3) a consumer reporting agency;
2-7 (4) a contractor or sub-contractor approved by and
2-8 providing services to the utility or to the state, a political
2-9 subdivision of the state, the federal government, or an agency of
2-10 the state or federal government;
2-11 (5) a person for whom the customer has contractually
2-12 waived confidentiality for personal information; or
2-13 (6) another entity that provides water, wastewater,
2-14 sewer, gas, garbage, electricity, or drainage service for
2-15 compensation.
2-16 SECTION 6. NO CIVIL LIABILITY FROM VIOLATION. A
2-17 government-operated utility or an officer or employee of a
2-18 government-operated utility is immune from civil liability for a
2-19 violation of this Act.
2-20 SECTION 7. EFFECTIVE DATE. This Act takes effect September
2-21 1, 1993.
2-22 SECTION 8. EMERGENCY. The importance of this legislation
2-23 and the crowded condition of the calendars in both houses create an
2-24 emergency and an imperative public necessity that the
2-25 constitutional rule requiring bills to be read on three several
2-26 days in each house be suspended, and this rule is hereby suspended.
2-27 * * * * *
2-28 Austin,
2-29 Texas
2-30 May 21, 1993
2-31 Hon. Bob Bullock
2-32 President of the Senate
2-33 Sir:
2-34 We, your Committee on State Affairs to which was referred H.B.
2-35 No. 859, have had the same under consideration, and I am instructed
2-36 to report it back to the Senate with the recommendation that it do
2-37 pass and be printed.
2-38 Rosson,
2-39 Vice-Chairman
2-40 * * * * *
2-41 WITNESSES
2-42 FOR AGAINST ON
2-43 ___________________________________________________________________
2-44 Name: Mario Espinoza x
2-45 Representing: City of Austin
2-46 City: Austin
2-47 -------------------------------------------------------------------
2-48 Name: Michael Williams x
2-49 Representing: Texas Public Power Assn
2-50 City: Austin
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