DME H.B. 1808 75(R)BILL ANALYSIS AGRICULTURE & LIVESTOCK H.B. 1808 By: Counts 3-18-97 Committee Report (Unamended) BACKGROUND Water quality management plans or conservation plans are established by landowners and tenants in cooperation with the Texas State Soil and Water Conservation Board (state board) and/or local soil and water conservation districts (conservation districts). In an effort to conserve natural resources, these plans are voluntary and are established in a non-regulatory manner. There are instances where landowners or tenants are hesitant to enter into a water quality management plan or conservation plan due to their accessibility through the Open Records Act. This accessibility may lend to a sense of vulnerability concerning private property rights. PURPOSE This legislation would create Section 201.006, Agriculture Code, such that water quality management plans or conservation plans developed between land owners or tenants and the state board and/or local conservation district are not subject to the Open Records Act. RULEMAKING AUTHORITY It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency or institution. SECTION BY SECTION ANALYSIS SECTION 1. Creates Section 201.006, Agriculture Code, which specifies as an exception to disclosure under the Open Records Act information collected by the state board or conservation district for a water quality management plan or other conservation plans. Specifies guidelines for the collection of information and to whom and how the information may be released. Establishes that the state board or conservation district, including officers, employees or agents, is not liable for damage caused by a violation of Section 201.006. SECTION 2. Effective date: September 1, 1997. SECTION 3. Emergency clause.