SRC-JFA H.B. 1808 75(R)   BILL ANALYSIS


Senate Research Center   H.B. 1808
By: Counts (Bivins)
State Affairs
5-1-97
Engrossed


DIGEST 

Currently, water quality management plans or conservation plans 
are established by landowners and 
tenants in cooperation with the Texas State Soil and Water 
Conservation Board (board) and/or local 
soil and water conservation districts (districts).  In an effort 
to conserve natural resources, these plans 
are voluntary and are established in a non-regulatory manner.  
There are instances in which 
landowners or tenants are hesitant to enter into a water quality 
management plan or conservation plan 
due to their accessibility through Open Records Act.  This 
accessibility may lend to a sense of 
vulnerability concerning private property rights.  This 
legislation would create Section 201.006, 
Agriculture Code, such that water quality management plans or 
conservation plans developed 
between landowners or tenants and the board and/or district are 
not subject to the Open Records Act. 


PURPOSE

As proposed, H.B. 1808 adds Section 201.006, Agriculture Code, to 
provide that water quality 
management plans or conservation plans developed between 
landowners or tenants and the State Soil 
and Water Conservation Board and/or a  local soil and water 
conservation district are not subject to 
the Open Records Act, with exceptions.  

RULEMAKING AUTHORITY

This bill does not grant any additional rulemaking authority to a 
state officer, institution, or agency.

SECTION BY SECTION ANALYSIS

SECTION 1. Chapter 201A, Agriculture Code, by adding Section 
201.006, as follows:

Sec. 201.006.  CONFIDENTIALITY OF CERTAIN INFORMATION.  (a)  
Provides that 
information collected by the State Soil and Water 
Conservation Board (board) or a local soil 
and conservation district (district) is not subject to 
Chapter 552, Government Code, and may 
not be disclosed if the information is collected in response 
to a specific request from a 
landowner or the landowner's agent or tenant for technical 
assistance relating to a water 
quality management plan or other conservation plan if the 
assistance is to be provided under 
this code and on certain private land.  

(b)  Authorizes the board or a district to disclose 
certain information regarding a tract of 
land to certain persons. 

(c)  Authorizes the board or a district to disclose, in a 
manner that prevents the 
identification of a particular tract of land, the owner of 
the tract, or the owner's agent or 
tenant, a summary of certain information collected by the 
board or district. 

(d)  Requires the state board or a district to provide a 
person with notice regarding this 
section at the time the person requests technical 
assistance from the board or district. 

(e)  Authorizes the board or a district to disclose 
information to a law enforcement agency 
of this state or the United States in compliance with a 
subpoena for the information.  

 (f)  Authorizes the board or a district to disclose 
information relating to water quality 
complaints or compliance failures to the Texas Natural 
Resource Conservation 
Commission under Section 201.026.

(g)  Authorizes the board or a district to disclose to the 
attorney general information 
relating to a breach of contract.

(h)  Prohibits the board or a district from being held 
liable for damage caused by a 
violation of this section. 

(i)  Provides that a reference in this section to the 
board or a district includes an officer, 
employee, or agent of the board of district.

SECTION 2. Effective date: September 1, 1997.