Texas Agriculture Code 201.006 – Confidentiality of Certain Information
(a) Except as provided by this section, information collected by the state board or a conservation district is not subject to Chapter 552, Government Code, and may not be disclosed if the information is collected in response to a specific request from a landowner or the landowner’s agent or tenant for technical assistance relating to a water quality management plan or other conservation plan if the assistance is to be provided:
(1) under this code; and
(2) on private land that:
(A) is part of a conservation plan or water quality management plan developed cooperatively with the state board or conservation district; or
(B) is the subject of a report prepared by the state board or conservation district.
(b) The state board or a conservation district may disclose information regarding a tract of land to:
(1) the owner of the tract or the owner’s agent or tenant; and
(2) a person other than the owner or the owner’s agent or tenant if:
(A) the owner or the agent or tenant consents in writing to full or specified partial disclosure of the information; and
(B) the consent is attached to each plan or report regarding the tract prepared by the state board or conservation district.
Terms Used In Texas Agriculture Code 201.006
- Contract: A legal written agreement that becomes binding when signed.
- in writing: includes any representation of words, letters, or figures, whether by writing, printing, or other means. See Texas Government Code 312.011
- Person: includes corporation, organization, government or governmental subdivision or agency, business trust, estate, trust, partnership, association, and any other legal entity. See Texas Government Code 311.005
- Subpoena: A command to a witness to appear and give testimony.
- United States: includes a department, bureau, or other agency of the United States of America. See Texas Government Code 311.005
(c) The state board or a conservation district may disclose, in a manner that prevents the identification of a particular tract of land, the owner of the tract, or the owner’s agent or tenant, a summary of information collected by the state board or conservation district regarding:
(1) the number of acres of land that are in a particular conservation plan;
(2) the number of acres of land that are subject to a particular conservation practice; or
(3) other conservation program information.
(d) The state board or a conservation district shall provide a person with notice regarding this section at the time the person requests technical assistance from the state board or conservation district.
(e) The state board or a conservation district may disclose information to a law enforcement agency of this state or the United States in compliance with a subpoena for the information.
(f) The state board or a conservation district may disclose information relating to water quality complaints or compliance failures to the Texas Natural Resource Conservation Commission under § 201.026.
(g) The state board or a conservation district may disclose to the attorney general information relating to a breach of contract.
(h) The state board or a conservation district may not be held liable for damage caused by a violation of this section.
(i) A reference in this section to the state board or a conservation district includes an officer, employee, or agent of the state board or conservation district.