By: Hilderbran (Senate Sponsor - Wentworth) H.B. No. 1452
(In the Senate - Received from the House April 15, 2003;
April 22, 2003, read first time and referred to Committee on
Natural Resources; May 7, 2003, reported favorably by the
following vote: Yeas 8, Nays 0; May 7, 2003, sent to printer.)
A BILL TO BE ENTITLED
AN ACT
relating to prohibiting a governmental entity from disclosing
information relating to use of certain predator control devices.
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:
(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.
(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 immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2003.
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