S.B. No. 811
 
 
 
 
AN ACT
  relating to disclosure of certain information by the Parks and
  Wildlife Department or the Texas Animal Health Commission.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subchapter C, Chapter 161, Agriculture Code, is
  amended by adding Section 161.0542 to read as follows:
         Sec. 161.0542.  NOTICE OF WILDLIFE DISEASE OUTBREAK. (a)  
  Notwithstanding any law restricting the disclosure of information
  by the commission and subject to Subsection (b), if the commission
  becomes aware of a wildlife disease outbreak on a property, the
  commission shall provide notice of the location and nature of the
  outbreak to:
               (1)  each owner of adjacent property; and
               (2)  the Parks and Wildlife Department.
         (b)  Subsection (a) applies only to a disease that the
  commission has designated as reportable.
         SECTION 2.  Section 11.030(a), Parks and Wildlife Code, is
  amended to read as follows:
         (a)  The name and address and a telephone, social security,
  driver's license, bank account, credit card, or charge card number
  of a person who purchases customer products, licenses, or services
  from the department may not be disclosed, sold, rented, or traded
  except as authorized under this section or Section 12.014, 12.103,
  or 12.0251.
         SECTION 3.  Subchapter A, Chapter 12, Parks and Wildlife
  Code, is amended by adding Section 12.014 to read as follows:
         Sec. 12.014.  NOTICE OF WILDLIFE DISEASE OUTBREAK. (a)  
  Notwithstanding any law restricting the disclosure of information
  by the department and subject to Subsection (b), if the department
  becomes aware of a wildlife disease outbreak on a property, the
  department shall provide notice of the location and nature of the
  outbreak to:
               (1)  each owner of adjacent property; and
               (2)  the Texas Animal Health Commission.
         (b)  Subsection (a) applies only to a disease that the Texas
  Animal Health Commission has designated as reportable.
         SECTION 4.  Section 12.0251(b), Parks and Wildlife Code, is
  amended to read as follows:
         (b)  The commission or the department may disclose
  information described by this section only to:
               (1)  the landowner;
               (2)  another person if [unless:
               [(1)]  the landowner consents to full or specified
  partial disclosure of information[;] and
               [(2)]  the consent is in writing and is attached to the
  plan or recommendation report; or
               (3)  the Texas Animal Health Commission as needed to
  carry out a governmental purpose.
         SECTION 5.  Section 12.103, Parks and Wildlife Code, is
  amended by amending Subsections (b) and (c) and adding Subsection
  (d-1) to read as follows:
         (b)  Except as provided by Subsection (d) or (d-1), the
  department may use information collected by an employee of the
  department on privately owned land only for the purposes of
  scientific investigations and research described in Subsection (a)
  and only if authorized in writing by the landowner or the
  landowner's agent. Unless the department first obtains the written
  consent of the landowner or the landowner's agent, the department
  may not:
               (1)  use other incidental information obtained on the
  land that does not pertain directly to the investigation or
  research authorized under Subsection (a); or
               (2)  enter or permit the entry of any information that
  does not pertain directly to the investigation or research
  authorized under Subsection (a), into a database:
                     (A)  maintained by the department and available to
  a person other than a department employee;
                     (B)  maintained by a natural heritage program
  administered by the department; or
                     (C)  established and maintained by any other
  person.
         (c)  Except as provided by Subsection (d) or (d-1),
  information collected under this section may only be reported or
  compiled in a manner that prevents the identification of an
  individual parcel or specific parcels of private property without
  the written consent of the landowner or the landowner's agent.
         (d-1)  The department may disclose information collected
  under this section to the Texas Animal Health Commission as needed
  to carry out a governmental purpose.
         SECTION 6.  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, 2023.
 
 
 
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
         I hereby certify that S.B. No. 811 passed the Senate on
  March 21, 2023, by the following vote:  Yeas 31, Nays 0.
 
 
  ______________________________
  Secretary of the Senate    
 
         I hereby certify that S.B. No. 811 passed the House on
  May 12, 2023, by the following vote:  Yeas 139, Nays 1, two
  present not voting.
 
 
  ______________________________
  Chief Clerk of the House   
 
 
 
  Approved:
 
  ______________________________ 
              Date
 
 
  ______________________________ 
            Governor