H.B. 1452 78(R)    BILL ANALYSIS


H.B. 1452
By: Hilderbran
Agriculture & Livestock
Committee Report (Amended)



BACKGROUND AND PURPOSE 

Currently, under Texas' open records law, information is public if a
governmental body, such as the Texas Department of Agriculture in this
case, maintains the records. Thus, any person or group could obtain
personal information of any holder of a private pesticide applicator
license. The availability of private information to various groups or
individuals can use this information in a campaign to harass or harm
livestock producers, or their property. The purpose of this bill is to
protect the private information of a livestock producer employing predator
control devices. 

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly grant any
additional rulemaking authority to a state officer, department, agency, or
institution. 

ANALYSIS

H.B. 1452 amends Chapter 76 of the Agriculture Code to prohibit a
governmental entity from disclosing personal information of persons who
hold a private pesticide applicator license and is authorized to use a
predator control device.  The bill defines a "predator control device". 
The bill allows a governmental entity to disclose the name, address, or
telephone number of a person who holds a private pesticide applicator
license and is authorized to use a predator control device to an
authorized distributor of predator control devices, another governmental
entity conducting official business, the United States Environmental
Protection Agency, any other federal agency that provides a subpoena for
the information, or the appropriate agency or court in a proceeding in
which the license holder is a defendant. 
The bill provides that governmental entities and employees of governmental
entities are immune from either civil or criminal liability for an
unintentional violation of the section. 

EFFECTIVE DATE

September 1, 2003.


EXPLANATION OF AMENDMENTS

Committee Amendment No.1 prohibits a governmental entity from disclosing
personal information of the owner, operator of land, or information
identifying the land, on which a predator control device has or may be
used.