By Uher                                               H.B. No. 3262
         76R5862 JRD-D                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to information in a rabies vaccination certificate or in a
 1-3     county or municipal registry of dogs and cats; providing criminal
 1-4     penalties.
 1-5           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-6           SECTION 1.  Subchapter C, Chapter 826, Health and Safety
 1-7     Code, is amended by adding Section 826.0211 to read as follows:
 1-8           Sec. 826.0211.  CONFIDENTIALITY OF CERTAIN INFORMATION IN
 1-9     RABIES VACCINATION CERTIFICATE; CRIMINAL PENALTY.  (a)  Information
1-10     that is contained in a rabies vaccination certificate that
1-11     identifies or tends to identify the owner or an address, telephone
1-12     number, or other personally identifying information of the owner of
1-13     the vaccinated animal is confidential and not subject to disclosure
1-14     under Chapter 552, Government Code.
1-15           (b)  The information may be disclosed only to a governmental
1-16     entity for purposes related to the protection of public health and
1-17     safety. A governmental entity that receives the information,
1-18     including a county or municipality that registers dogs and cats
1-19     under Subchapter D, must maintain the confidentiality of the
1-20     information, may not disclose the information under Chapter 552,
1-21     Government Code, and may not use the information for a purpose that
1-22     does not directly relate to the protection of public health and
1-23     safety.
1-24           (c)  A person commits an offense if the person distributes
 2-1     information that is confidential under this section. An offense
 2-2     under this subsection is a misdemeanor punishable by:
 2-3                 (1)  a fine of not more than $1,000;
 2-4                 (2)  confinement in the county jail for not more than
 2-5     180 days; or
 2-6                 (3)  both the fine and confinement.
 2-7           SECTION 2.  Subchapter D, Chapter 826, Health and Safety
 2-8     Code, is amended by adding Section 826.0311 to read as follows:
 2-9           Sec. 826.0311.  CONFIDENTIALITY OF CERTAIN INFORMATION IN DOG
2-10     AND CAT REGISTRY; CRIMINAL PENALTY.  (a)  Information that is
2-11     contained in a municipal or county registry of dogs and cats under
2-12     Section 826.031 that identifies or tends to identify the owner or
2-13     an address, telephone number, or other personally identifying
2-14     information of the owner of the registered dog or cat is
2-15     confidential and not subject to disclosure under Chapter 552,
2-16     Government Code.
2-17           (b)  The information may be disclosed only to a governmental
2-18     entity for purposes related to the protection of public health and
2-19     safety. A governmental entity that receives the information must
2-20     maintain the confidentiality of the information, may not disclose
2-21     the information under Chapter 552, Government Code, and may not use
2-22     the information for a purpose that does not directly relate to the
2-23     protection of public health and safety.
2-24           (c)  A person commits an offense if the person distributes
2-25     information that is confidential under this section. An offense
2-26     under this subsection is a misdemeanor punishable by:
2-27                 (1)  a fine of not more than $1,000;
 3-1                 (2)  confinement in the county jail for not more than
 3-2     180 days; or
 3-3                 (3)  both the fine and confinement.
 3-4           SECTION 3.  This Act takes effect September 1, 1999. The
 3-5     changes in law made by this Act apply only to a disclosure of
 3-6     information on or after that date, but the changes in law made by
 3-7     this Act apply to information in a rabies vaccination certificate
 3-8     or a county or municipal registry of dogs and cats without regard
 3-9     to whether the information was obtained on, before, or after that
3-10     date.
3-11           SECTION 4.  The importance of this legislation and the
3-12     crowded condition of the calendars in both houses create an
3-13     emergency and an imperative public necessity that the
3-14     constitutional rule requiring bills to be read on three several
3-15     days in each house be suspended, and this rule is hereby suspended.