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.