Sec. 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.
(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 Section 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.
Added by Acts 1997, 75th Leg., ch. 410, Sec. 1, eff. Sept. 1, 1997.