SRC-TJG C.S.S.B. 644 78(R)BILL ANALYSIS


Senate Research CenterC.S.S.B. 644
78R10151 JD-FBy: Wentworth
Natural Resources
4/3/2003
Committee Report (Substituted)


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.  C.S.S.B. 644 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 Chapter 76E, 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
personal information regarding certain persons or information identifying
the land on which a predator control device has been used, is being used,
or is intended to be used, if disclosure of the information would reveal
certain personal information of certain persons. 

(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.

SUMMARY OF COMMITTEE CHANGES

Differs from the original in SECTION 1, in proposed Section 76.119(b),
Agriculture Code, by creating a new Subdivision (1) and new paragraphs
(A), (B), and (C) in Subdivision (1) from existing text in Subsection (b).
Creates new Subdivisions (2) and (3) in proposed Subsection (b).