1-1 AN ACT 1-2 relating to the confidentiality of certain information obtained by 1-3 the State Soil and Water Conservation Board or a soil and water 1-4 conservation district. 1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-6 SECTION 1. Subchapter A, Chapter 201, Agriculture Code, is 1-7 amended by adding Section 201.006 to read as follows: 1-8 Sec. 201.006. CONFIDENTIALITY OF CERTAIN INFORMATION. (a) 1-9 Except as provided by this section, information collected by the 1-10 state board or a conservation district is not subject to Chapter 1-11 552, Government Code, and may not be disclosed if the information 1-12 is collected in response to a specific request from a landowner or 1-13 the landowner's agent or tenant for technical assistance relating 1-14 to a water quality management plan or other conservation plan if 1-15 the assistance is to be provided: 1-16 (1) under this code; and 1-17 (2) on private land that: 1-18 (A) is part of a conservation plan or water 1-19 quality management plan developed cooperatively with the state 1-20 board or conservation district; or 1-21 (B) is the subject of a report prepared by the 1-22 state board or conservation district. 1-23 (b) The state board or a conservation district may disclose 2-1 information regarding a tract of land to: 2-2 (1) the owner of the tract or the owner's agent or 2-3 tenant; and 2-4 (2) a person other than the owner or the owner's agent 2-5 or tenant if: 2-6 (A) the owner or the agent or tenant consents in 2-7 writing to full or specified partial disclosure of the information; 2-8 and 2-9 (B) the consent is attached to each plan or 2-10 report regarding the tract prepared by the state board or 2-11 conservation district. 2-12 (c) The state board or a conservation district may disclose, 2-13 in a manner that prevents the identification of a particular tract 2-14 of land, the owner of the tract, or the owner's agent or tenant, a 2-15 summary of information collected by the state board or conservation 2-16 district regarding: 2-17 (1) the number of acres of land that are in a 2-18 particular conservation plan; 2-19 (2) the number of acres of land that are subject to a 2-20 particular conservation practice; or 2-21 (3) other conservation program information. 2-22 (d) The state board or a conservation district shall provide 2-23 a person with notice regarding this section at the time the person 2-24 requests technical assistance from the state board or conservation 2-25 district. 3-1 (e) The state board or a conservation district may disclose 3-2 information to a law enforcement agency of this state or the United 3-3 States in compliance with a subpoena for the information. 3-4 (f) The state board or a conservation district may disclose 3-5 information relating to water quality complaints or compliance 3-6 failures to the Texas Natural Resource Conservation Commission 3-7 under Section 201.026. 3-8 (g) The state board or a conservation district may disclose 3-9 to the attorney general information relating to a breach of 3-10 contract. 3-11 (h) The state board or a conservation district may not be 3-12 held liable for damage caused by a violation of this section. 3-13 (i) A reference in this section to the state board or a 3-14 conservation district includes an officer, employee, or agent of 3-15 the state board or conservation district. 3-16 SECTION 2. This Act takes effect September 1, 1997. 3-17 SECTION 3. The importance of this legislation and the 3-18 crowded condition of the calendars in both houses create an 3-19 emergency and an imperative public necessity that the 3-20 constitutional rule requiring bills to be read on three several 3-21 days in each house be suspended, and this rule is hereby suspended. _______________________________ _______________________________ President of the Senate Speaker of the House I certify that H.B. No. 1808 was passed by the House on April 18, 1997, by a non-record vote. _______________________________ Chief Clerk of the House I certify that H.B. No. 1808 was passed by the Senate on May 14, 1997, by a viva-voce vote. _______________________________ Secretary of the Senate APPROVED: _____________________ Date _____________________ Governor