SRC-JLB H.B. 1452 78(R)   BILL ANALYSIS


Senate Research Center   H.B. 1452
By: Hilderbran (Wentworth)
Natural Resources
5/5/2003
Engrossed


DIGEST AND PURPOSE 

Currently, under Texas' open records law, information is public if a
governmental body maintains the records.  Thus, for example, any person or
group could obtain personal information regarding any holder of a private
pesticide applicator license.  H.B. 1452 prohibits a governmental entity
from disclosing personal information relating to certain persons who hold
a private pesticide applicator license. 

RULEMAKING AUTHORITY

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

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Subchapter E, Chapter 76, Agriculture Code, by adding
Section 76.119, as follows: 

Sec. 76.119.  DISCLOSURE OF INFORMATION RELATING TO PRIVATE PESTICIDE
APPLICATOR LICENSE HOLDERS.  (a) Defines "predator control device." 

(b) Prohibits a governmental entity in this state from disclosing certain
information regarding a person who holds a private pesticide applicator
license under this subchapter and who is authorized to use a predator
control device if disclosure of the information would reveal that the
person is authorized to use a predator control device, has used a predator
control device, or has the intent to use a predator control device. 

(c) Authorizes a governmental entity to disclose to certain persons and
entities certain information regarding a person who holds a private
pesticide applicator license issued under this subchapter, who is
authorized to use a predator control device, and who either has used a
predator control device or has the intent to use a predator control
device. 

(d) Provides that a governmental entity and the officers and employees of
the governmental entity are immune from civil or criminal liability for an
unintentional violation of this section. 

SECTION 2.  Effective date: September 1, 2003.