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A BILL TO BE ENTITLED
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AN ACT
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relating to the confidentiality of certain biosecurity and other |
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sensitive information shared with the Texas Animal Health |
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Commission. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter A, Chapter 161, Agriculture Code, is |
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amended by adding Section 161.009 to read as follows: |
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Sec. 161.009. CONFIDENTIALITY OF BIOSECURITY AND OTHER |
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SENSITIVE INFORMATION. (a) Except as provided by Subsections (b) |
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and (c), information held by the commission is confidential and |
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excepted from disclosure under Chapter 552, Government Code, if the |
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information consists of or relates to a biosecurity plan, a secure |
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food supply plan, an emergency preparedness plan, or biosecurity |
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data that was voluntarily provided to the commission by an owner or |
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caretaker of an animal. |
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(b) The commission may release information described by |
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Subsection (a) to: |
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(1) the attorney general's office, for the purpose of |
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law enforcement; |
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(2) the secretary of the United States Department of |
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Agriculture, for the purpose of animal health protection; |
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(3) the secretary of the Department of Homeland |
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Security, for the purpose of homeland security; |
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(4) the Department of State Health Services, for the |
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purpose of protecting the public health from zoonotic diseases; |
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(5) any person, if required by a court order; |
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(6) a federal, state, municipal, or county emergency |
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management authority, for the purpose of management or response to |
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natural or man-made disasters; or |
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(7) any person the executive director of the |
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commission considers appropriate, if: |
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(A) the executive director determines that: |
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(i) livestock may be threatened by a |
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disease, agent, or pest; and |
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(ii) the release of the information is |
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related to actions the commission may take in performance of its |
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powers and duties; or |
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(B) the executive director determines that the |
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release of the information is necessary for emergency management |
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purposes under Chapter 418, Government Code. |
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(c) The commission's release of confidential information |
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under Subsection (b): |
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(1) does not affect the confidentiality of the |
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information; |
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(2) is not an offense under Section 552.352, |
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Government Code; and |
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(3) is not a voluntary disclosure for purposes of |
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Section 552.007, Government Code. |
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SECTION 2. This Act takes effect September 1, 2023. |