By Counts                                             H.B. No. 1808

         75R4613 MWV-F                           

                                A BILL TO BE ENTITLED

 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

1-24     information regarding a tract of land to:

 2-1                 (1)  the owner of the tract or the owner's agent or

 2-2     tenant; and

 2-3                 (2)  a person other than the owner or the owner's agent

 2-4     or tenant if:

 2-5                       (A)  the owner or the agent or tenant consents in

 2-6     writing to full or specified partial disclosure of the information;

 2-7     and

 2-8                       (B)  the consent is attached to each plan or

 2-9     report regarding the tract prepared by the state board or

2-10     conservation district.

2-11           (c)  The state board or a conservation district may disclose,

2-12     in a manner that prevents the identification of a particular tract

2-13     of land, the owner of the tract, or the owner's agent or tenant, a

2-14     summary of information collected by the state board or conservation

2-15     district regarding:

2-16                 (1)  the number of acres of land that are in a

2-17     particular conservation plan;

2-18                 (2)  the number of acres of land that are subject to a

2-19     particular conservation practice; or

2-20                 (3)  other conservation program information.

2-21           (d)  The state board or a conservation district shall provide

2-22     a person with notice regarding this section at the time the person

2-23     requests technical assistance from the state board or conservation

2-24     district.

2-25           (e)  The state board or a conservation district may disclose

2-26     information to a law enforcement agency of this state or the United

2-27     States in compliance with a subpoena for the information.

 3-1           (f)  The state board or a conservation district may disclose

 3-2     information relating to water quality complaints or compliance

 3-3     failures to the Texas Natural Resource Conservation Commission

 3-4     under Section 201.026.

 3-5           (g)  The state board or a conservation district may disclose

 3-6     to the attorney general information relating to a breach of

 3-7     contract.

 3-8           (h)  The state board or a conservation district may not be

 3-9     held liable for damage caused by a violation of this section.

3-10           (i)  A reference in this section to the state board or a

3-11     conservation district includes an officer, employee, or agent of

3-12     the state board or conservation district.

3-13           SECTION 2.  This Act takes effect September 1, 1997.

3-14           SECTION 3.  The importance of this legislation and the

3-15     crowded condition of the calendars in both houses create an

3-16     emergency and an imperative public necessity that the

3-17     constitutional rule requiring bills to be read on three several

3-18     days in each house be suspended, and this rule is hereby suspended.