HBA-DMD H.B. 3262 76(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 3262
By: Uher
County Affairs
3/31/1999
Introduced



BACKGROUND AND PURPOSE 

Currently, municipalities have begun to pass ordinances requiring
veterinarians to relinquish their vaccination records to the municipality.
This information normally contains personal information concerning the
owner as well as the pet's vaccination records. Businesses wishing to
access this information have requested this information under the Open
Records Act, however, the attorney general has ruled that this information
is protected as a "trade secret" and cannot be released to the public.  

H.B. 3262 establishes that certain information contained in a rabies
vaccination certificate or in a municipal or county registry of cats and
dogs is confidential and not open to disclosure. This bill authorizes
confidential information to be disclosed for the purpose of public health
and safety to a governmental entity which must maintain the information and
is prohibited from disclosing the information. This bill also establishes
that it is a misdemeanor offense to release information that is
confidential under this bill.  

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Subchapter C, Chapter 826, Health and Safety Code, by
adding Section 826.0211, as follows:  

Sec. 826.0211. CONFIDENTIALITY OF CERTAIN INFORMATION IN RABIES VACCINATION
CERTIFICATE; CRIMINAL PENALTY. (a) Specifies information contained in a
rabies vaccination certificate which is confidential and not subject to
disclosure under Chapter 552 (Public Information), Government Code. 

(b) Authorizes the confidential information to be disclosed only to a
governmental entity for purposes related to the protection of public health
and safety. Provides that a governmental entity that receives the
confidential information, including a county or municipality that registers
dogs and cats under Subchapter D (Officer for Public Information), must
maintain the confidentiality of the information, and is prohibited from
disclosing the information under Chapter 552 (Public Information),
Government Code, and from using the information for a purpose that does not
directly relate to the protection of public health and safety.  
 
(c) Provides that a person commits a misdemeanor offense if the person
distributes the confidential information. Specifies punishments for the
offense. 

SECTION 2.  Amends Subchapter D, Chapter 826, Health and Safety Code, by
adding Section 826.0311, as follows: 

Sec. 826.0311.  CONFIDENTIALITY OF CERTAIN INFORMATION IN DOG AND CAT
REGISTRY; CRIMINAL PENALTY.  (a) Specifies information that is contained in
a  municipal or county registry of dogs and cats under Section 826.031
(Registration of Dogs and Cats by Local Governments), Health and Safety
Code, which is confidential and not subject to disclosure under Chapter
552, Government Code.  

(b) Authorizes the confidential information to be disclosed only to a
governmental entity for purposes related to the protection of public health
and safety. Provides that a governmental entity that receives the
information must maintain the confidentiality of the information, and is
prohibited from disclosing the information under Chapter 552, Government
Code, and from using the information for a purpose that does not directly
relate to the protection of public health and safety.  


(c)  Provides that a person commits a misdemeanor offense if the person
distributes information that is confidential under this section. Specifies
punishments for the offense. 

SECTION 3.Effective date: September 1, 1999.  
Makes application of this Act prospective to information in a rabies
vaccination certificate or a county or municipal registry of dogs and cats
without regard to whether the information was obtained on, before, or after
that date. Makes application of this Act retroactive, as it applies to a
disclosure of information. 

SECTION 4.Emergency clause.