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.