Amend HB 461 as follows:
(1) On page 1, lines 5-6, strike "Sections 161.056(a), (c),
and (d), Agriculture Code, are amended" and substitute "Section
161.056, Agriculture Code, is amended by amending Subsections (a),
(c), (d), and (e) and adding Subsections (a-1), (j), and (k)".
(2) On page 1, between lines 12 and 13, insert the
following:
(a-1) A person may apply for the program by submitting an
annual fee determined by the commission and a signed application
prescribed by the commission. An application form prescribed by
the commission must include the following information:
(1) a conspicuous notice that the program is
voluntary;
(2) a disclosure of the types of information collected
under the program; and
(3) notice of the persons to which information the
commission collects under the program may be disclosed.
(3) On page 1, lines 15-16, strike "animal disease control,
animal emergency management, and other".
(4) On page 1, lines 17-18. strike "establish a date by
which all participating premises must be registered and may".
(5) On page 1, between lines 20 and 21, insert the
following:
(e) Information collected by the commission under this
section is exempt from the public disclosure requirements of
Chapter 552, Government Code. The commission may provide
information to another person, including a governmental entity,
without altering the confidential status of the information. The
commission may release information to the following persons if the
commission determines that the person has adequate protections for
the confidentiality of the information:
(1) a person who owns or controls animals and seeks
information regarding those animals, if the person requests the
information in writing;
(2) the attorney general's office, for the purpose of
law enforcement;
(3) the secretary of the United States Department of
Agriculture, for the purpose of animal health protection;
(4) the secretary of the Department of Homeland
Security, for the purpose of homeland security;
(5) the Department of State Health Services, for the
purpose of protecting the public health from zoonotic diseases;
(6) any person, under an order of a court of competent
jurisdiction; or
(7) a state, municipal, or county emergency management
authority, for the purpose of management or response to natural or
man-made disasters[; or
[(8) any person the executive director of the
commission considers appropriate, if the executive director
determines that:
[(A) livestock may be threatened by a disease,
agent, or pest; and
[(B) the release of the information is related to
actions the commission may take under this section].
(j) A person who participates in the program may withdraw
from the program at any time. The commission shall delete from the
program all personal information relating to a participant when the
participant withdraws from the program.
(k) A person may not condition a service, benefit, license,
payment, or permit on participation in a program under this
section.
(6) Insert the following appropriately numbered SECTION and
renumber subsequent SECTIONS accordingly:
SECTION ____. The Texas Animal Health Commission shall:
(1) not later than November 1, 2007, provide notice of
the changes to Section 161.056, Agriculture Code, made by this Act
to each person registered on the effective date of this Act under
that section and provide the person with the opportunity to
withdraw from the program; and
(2) not later than January 1, 2008, adopt rules as
required by Section 161.056, Agriculture Code, as amended by this
Act.