SRC-SLL H.B. 3262 76(R)   BILL ANALYSIS


Senate Research Center   H.B. 3262
76R5862 JRD-DBy: Uher (Madla)
State Affairs
5/13/1999
Engrossed


DIGEST 

Currently, municipalities have begun to pass ordinances requiring
veterinarians to relinquish their vaccination records to the municipality.
This information normally contains personal information concerning the
owner as well as the pet's vaccination records. Businesses wishing to
access this information have requested this information under the Open
Records Act; however, the attorney general has ruled that this information
is protected as a "trade secret" and cannot be released to the public.
H.B. 3262 sets forth provisions regarding information in a rabies
vaccination certificate or in a county or municipal registry of dogs and
cats and provides a criminal penalty. 

PURPOSE

As proposed, H.B. 3262 sets forth provisions regarding information in a
rabies vaccination certificate or in a county or municipal registry of dogs
and cats and provides a criminal penalty. 

RULEMAKING AUTHORITY

This bill does not grant any additional rulemaking authority to a state
officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Chapter 826C, Health and Safety Code, by adding Section
826.0211, as follows: 

Sec.  826.0211.  CONFIDENTIALITY OF CERTAIN INFORMATION IN RABIES
VACCINATION CERTIFICATE; CRIMINAL PENALTY.  Provides that certain
information contained in a rabies vaccination certificate is confidential
and not subject to disclosure under Chapter 552, Government Code.
Authorizes the information to be disclosed to a governmental entity for
purposes related to the protection of public health and safety. Requires a
governmental entity that receives the information to maintain the
confidentiality, may not disclose the information under Chapter 552,
Government Code, and may not use the information for a purpose that does
not directly relate to the protection of public health and safety.
Provides that a person commits a misdemeanor punishable by a fine of not
more than $1,000, confinement in the county jail for not more than 180
days, or both, if the person distributes information that is confidential
under this section. 

SECTION 2.  Amends Chapter 826D, Health and Safety Code, by adding Section
826.0311, as follows: 

Sec.  826.0311.  CONFIDENTIALITY OF CERTAIN INFORMATION IN DOG AND CAT
REGISTRY; CRIMINAL PENALTY.  Provides that certain information contained in
a municipal or county registry of dogs and cats is confidential and not
subject to disclosure under Chapter 552, Government Code.  Authorizes the
information to be disclosed to a governmental entity for purposes related
to the protection of public health and safety. Requires a governmental
entity that receives the information to maintain the confidentiality, may
not disclose the information under Chapter 552, Government Code, and may
not use the information for a purpose that does not directly relate to the
protection of public health and safety.  Provides that a person commits a
misdemeanor punishable by a fine of not more than $1,000, confinement in
the county jail for not more than 180 days, or both, if the person
distributes information that is confidential under this section. 

SECTION 3.  Effective date: September 1, 1999. 
            Makes application of this Act prospective.

SECTION 4.  Emergency clause.