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 2-51 -------------------------------------------------------------------