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
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   2-48  Name:  Michael Williams                          x
   2-49  Representing:  Texas Public Power Assn
   2-50  City:  Austin
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