By Wohlgemuth                                   H.B. No. 1536

      75R2554 DWS-D                           

                                A BILL TO BE ENTITLED

 1-1                                   AN ACT

 1-2     relating to confidentiality of personal information of a customer

 1-3     of a government-operated utility.

 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-5           SECTION 1.  Section 2, Chapter 473, Acts of the 73rd

 1-6     Legislature, Regular Session, 1993 (Article 1446h, Vernon's Texas

 1-7     Civil Statutes), is amended to read as follows:

 1-8           Sec. 2.  CONFIDENTIALITY OF PERSONAL INFORMATION.  Except as

 1-9     provided by Section 5 of this Act, a government-operated utility

1-10     may not disclose personal information in a customer's account

1-11     records without the customer's written permission [if the customer

1-12     requests that the government-operated utility keep the information

1-13     confidential.  The customer may request confidentiality by

1-14     delivering to the government-operated utility an appropriately

1-15     marked form provided under Section 4(3) of this Act or any other

1-16     written request for confidentiality.  The customer may rescind a

1-17     request for confidentiality by providing the government-operated

1-18     utility written permission to disclose personal information].

1-19           SECTION 2.  Section 4, Chapter 473, Acts of the 73rd

1-20     Legislature, Regular Session, 1993 (Article 1446h, Vernon's Texas

1-21     Civil Statutes), is amended to read as follows:

1-22           Sec. 4.  NOTICE; REQUEST.  A government-operated utility

1-23     shall include with a bill sent to each of its customers[:]

1-24                 [(1)]  a notice of the customer's right to [request]

 2-1     confidentiality of personal information under this Act[;]

 2-2                 [(2)  a statement of the amount of any fee applicable

 2-3     to the request; and]

 2-4                 [(3)  a form that the customer may use to request that

 2-5     confidentiality by marking an appropriate box on the form and

 2-6     returning it to the government-operated utility].

 2-7           SECTION 3.  Section 3, Chapter 473, Acts of the 73rd

 2-8     Legislature, Regular Session, 1993 (Article 1446h, Vernon's Texas

 2-9     Civil Statutes), is repealed.

2-10           SECTION 4.  A government-operated utility shall include a

2-11     notice required by Section 4, Chapter 473, Acts of the 73rd

2-12     Legislature, Regular Session, 1993 (Article 1446h, Vernon's Texas

2-13     Civil Statutes), as amended by this Act, with the first bill sent

2-14     to each of its customers after the effective date of this Act.

2-15           SECTION 5.  The change in law made by this Act applies only

2-16     to a disclosure of information made on or after the effective date

2-17     of this Act.  A disclosure of information made before the effective

2-18     date of this Act is governed by the law in effect when the

2-19     disclosure was made, and the former law is continued in effect for

2-20     that purpose.

2-21           SECTION 6.  This Act takes effect September 1, 1997.

2-22           SECTION 7.  The importance of this legislation and the

2-23     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.