78R4164 JD-F


By:  Hilderbran                                                   H.B. No. 1452



A BILL TO BE ENTITLED

AN ACT

relating to prohibiting a governmental entity from disclosing 
personal information relating to certain persons who hold a private 
pesticide applicator license.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Subchapter E, Chapter 76, Agriculture Code, is 
amended by adding Section 76.119 to read as follows:
	Sec. 76.119.  DISCLOSURE OF INFORMATION RELATING TO PRIVATE 
PESTICIDE APPLICATOR LICENSE HOLDERS.  (a)  In this section, 
"predator control device" means a device that incorporates an 
active ingredient and is used for the control of livestock 
predators.
	(b)  Except as provided by Subsection (c), a governmental 
entity in this state may not disclose the name, address, or 
telephone number of a person who holds a private pesticide 
applicator license issued under this subchapter and who is 
authorized to use a predator control device if disclosure of the 
person's name, address, or telephone number would reveal that the 
person:
		(1)  is authorized to use a predator control device;                   
		(2)  has used a predator control device; or                            
		(3)  has the intent to use a predator control device.                  
	(c)  A governmental entity may disclose to the following the 
name, address, or telephone number of 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:
		(1)  a person who holds a pesticide dealer license 
under Section 76.071 and is authorized to distribute predator 
control devices;
		(2)  another governmental entity in this state in 
connection with official business;
		(3)  the United States Environmental Protection Agency 
under a cooperative agreement entered into with that agency;
		(4)  any other agency of the United States that 
provides the governmental entity with an administrative or judicial 
subpoena for the information; or
		(5)  the appropriate agency or court in an 
administrative or judicial proceeding in which the private 
pesticide applicator license holder is a defendant.
	(d)  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.  This Act takes effect September 1, 2003.                           


COMMITTEE AMENDMENT NO. 1
	Amend H.B. No. 1452 by striking page 1, lines 13-22 and 
substituting the following:
	(b)  Except as provided by Subsection (c), a governmental 
entity in this state may not disclose:
		(1)  the name, address, or telephone number of a person 
who holds a private pesticide applicator license issued under this 
subchapter and is authorized to use a predator control device if 
disclosure of the person's name, address, or telephone number would 
reveal that the person:
			(A)  is authorized to use a predator control 
device;                
			(B)  has used a predator control device; or                           
			(C)  has the intent to use a predator control 
device;               
		(2)  the name, address, or telephone number of the 
owner or operator of 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 that use or intended use; or
		(3)  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 the name, 
address, or telephone number of the owner or operator of the land.

78R10151 JD-F                                                 Jones of Lubbock