1-1 By: Uher, Crownover (Senate Sponsor - Madla) H.B. No. 3262 1-2 (In the Senate - Received from the House May 7, 1999; 1-3 May 10, 1999, read first time and referred to Committee on State 1-4 Affairs; May 14, 1999, reported favorably by the following vote: 1-5 Yeas 8, Nays 0; May 14, 1999, sent to printer.) 1-6 A BILL TO BE ENTITLED 1-7 AN ACT 1-8 relating to information in a rabies vaccination certificate or in a 1-9 county or municipal registry of dogs and cats; providing criminal 1-10 penalties. 1-11 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-12 SECTION 1. Subchapter C, Chapter 826, Health and Safety 1-13 Code, is amended by adding Section 826.0211 to read as follows: 1-14 Sec. 826.0211. CONFIDENTIALITY OF CERTAIN INFORMATION IN 1-15 RABIES VACCINATION CERTIFICATE; CRIMINAL PENALTY. (a) Information 1-16 that is contained in a rabies vaccination certificate that 1-17 identifies or tends to identify the owner or an address, telephone 1-18 number, or other personally identifying information of the owner of 1-19 the vaccinated animal is confidential and not subject to disclosure 1-20 under Chapter 552, Government Code. 1-21 (b) The information may be disclosed only to a governmental 1-22 entity for purposes related to the protection of public health and 1-23 safety. A governmental entity that receives the information, 1-24 including a county or municipality that registers dogs and cats 1-25 under Subchapter D, must maintain the confidentiality of the 1-26 information, may not disclose the information under Chapter 552, 1-27 Government Code, and may not use the information for a purpose that 1-28 does not directly relate to the protection of public health and 1-29 safety. 1-30 (c) A person commits an offense if the person distributes 1-31 information that is confidential under this section. An offense 1-32 under this subsection is a misdemeanor punishable by: 1-33 (1) a fine of not more than $1,000; 1-34 (2) confinement in the county jail for not more than 1-35 180 days; or 1-36 (3) both the fine and confinement. 1-37 SECTION 2. Subchapter D, Chapter 826, Health and Safety 1-38 Code, is amended by adding Section 826.0311 to read as follows: 1-39 Sec. 826.0311. CONFIDENTIALITY OF CERTAIN INFORMATION IN DOG 1-40 AND CAT REGISTRY; CRIMINAL PENALTY. (a) Information that is 1-41 contained in a municipal or county registry of dogs and cats under 1-42 Section 826.031 that identifies or tends to identify the owner or 1-43 an address, telephone number, or other personally identifying 1-44 information of the owner of the registered dog or cat is 1-45 confidential and not subject to disclosure under Chapter 552, 1-46 Government Code. 1-47 (b) The information may be disclosed only to a governmental 1-48 entity for purposes related to the protection of public health and 1-49 safety. A governmental entity that receives the information must 1-50 maintain the confidentiality of the information, may not disclose 1-51 the information under Chapter 552, Government Code, and may not use 1-52 the information for a purpose that does not directly relate to the 1-53 protection of public health and safety. 1-54 (c) A person commits an offense if the person distributes 1-55 information that is confidential under this section. An offense 1-56 under this subsection is a misdemeanor punishable by: 1-57 (1) a fine of not more than $1,000; 1-58 (2) confinement in the county jail for not more than 1-59 180 days; or 1-60 (3) both the fine and confinement. 1-61 SECTION 3. This Act takes effect September 1, 1999. The 1-62 changes in law made by this Act apply only to a disclosure of 1-63 information on or after that date, but the changes in law made by 1-64 this Act apply to information in a rabies vaccination certificate 2-1 or a county or municipal registry of dogs and cats without regard 2-2 to whether the information was obtained on, before, or after that 2-3 date. 2-4 SECTION 4. The importance of this legislation and the 2-5 crowded condition of the calendars in both houses create an 2-6 emergency and an imperative public necessity that the 2-7 constitutional rule requiring bills to be read on three several 2-8 days in each house be suspended, and this rule is hereby suspended. 2-9 * * * * *