ATTORNEY GENERAL OF TEXAS 

The Honorable Mike Stafford 

Harris County Attorney 

10 19 Congress, 15 th Floor 

Houston, Texas 77002 

GREG ABBOTT 

October 14,2005 

Opinion No. GA-0367 

Re: Whether Harris County Animal Control must 

provide to a private corporation that contracts 

with the City of Houston information made 

confidential under chapter 826 of the Health and 

Safety Code (RQ-033%GA) 

Dear Mr. Stafford: 

You ask whether Harris County Animal Control (“HCAC”) must provide to a private 

corporation that contracts with the City of Houston (the “City”) information made confidential under 

chapter 826 of the Health and Safety Code.’ 

I. Backwound 

The Rabies Control Act of 198 1, chapter 826 of the Health and Safety Code, provides that 

the Texas Board of Health2, “or its designee, with the cooperation of the governing bodies of 

counties and municipalities, shall administer the rabies control program established by this chapter.” 

TEX. HEALTH & SAFETY CODE ANN. 9 826.01 l(a) (Vernon 2003). Chapter 826 “and the rules 

adopted by the [State Board of Health] under this chapter are the minimum standards for rabies 

control.” Id. Ij 826.012. “The governing body of a municipality or the commissioners court of 

a county may adopt this chapter and the standards adopted by the board.” Id. fj 826.013. A 

commissioners court “may adopt ordinances or rules that establish a local rabies control program in 

the county and set local standards that are compatible with and equal to or more stringent than the 

program established by this chapter and the rules adopted by the board.” Id. 5 826.014(a). 

Ordinances or rules adopted by a commissioners court “supersede this chapter and the rules of the 

board within that county so that dual enforcement will not occur.” Id. 8 826.014(b). Like a county, 

a municipality may, by ordinance or rule, establish a local rabies control program “and set local 

standards that are compatible with and equal to or more stringent than: (1) the ordinances or rules 

‘See Letter from Marva Gay, Assistant County Attorney, Harris County, to Honorable Greg Abbott, Texas 

Attorney General (Apr. 11,2005) ( on f 1 1 e with Opinion Committee, also available at http://www.oag.state.tx.us). 

2Now a part of the Health & Human Services Commission (see Act of June 2,2003, 78th Leg., R.S., ch. 198, 

H.B. 2292, $6 1 .Ol-.09, 2003 Tex. Gen. Laws 611); we refer herein to the former designation. 
The Honorable Mike Stafford - Page 2 (GA-0367) 

adopted by the county in which the municipality is located; and (2) the program established by this 

chapter and the rules adopted by the board.” Id. 8 826015(a). Ordinances or rules adopted by a 

governing body of a municipality “supersede ordinances or rules adopted by the county in which the 

municipality is located, this chapter, and the rules of the board within that municipality so that 

multiple enforcement will not occur.” Id. § 826.0 15(b). Thus, a municipality’s ordinances and rules 

with regard to rabies control supersede chapter 826, Board of Health rules, and county ordinances 

and rules, provided that the municipality’s ordinances and rules are at least as stringent as, inter alia, 

chapter 826 of the Health and Safety Code and the county ordinances and rules. 

Section 826.031 of the Health and Safety Code authorizes “[t)he governing body of a 

municipality . . . [to] adopt ordinances or rules under Section . . . 826.015 requiring the registration 

of each dog and cat within the jurisdiction of the municipality . . . .” Id. 5 826.03 1 (a). In addition, 

66 [t]he enforcing agency may collect a fee set by ordinance for the registration of each dog or cat and 

may retain the fees collected.” Id. 5 826.03 l(c). Section 826.021 provides: 

(a) Except as otherwise provided by board rule, the owner of 

a dog or cat shall have the animal vaccinated against rabies by the 

time the animal is four months of age and at regular intervals 

thereafter as prescribed by board rule. 

(b) A veterinarian who vaccinates a dog or cat against rabies 

shall issue to the animal’s owner a vaccination certificate in a form 

that meets the minimum standards approved by the board. 

animal 

(4 A county or municipality may not register or license an 

that has not been vaccinated in accordance with this section. 

Id. 5 826.021 (emphasis added). 

Pursuant to its authority under chapter 826, the City by ordinance requires, with certain 

exceptions, that “[n]o person shall own, keep, possess, or have control over any dog or cat within 

the city unless such person has a current city license for such dog or cat.” HOUSTON, TEX., 

ORDINANCES, art. IV, Div. 1, 9 6-86(a) (1985). The ordinance states that “[a] person may obtain 

a license for a cat or a dog . . . by completing the appropriate application therefor, paying the 

prescribed license fee, and furnishing proof of vaccination against rabies.” Id. 5 6-86(c). Another 

provision declares that “[n]o animal license shall be issued unless there is exhibited to the licensing 

authority a certificate by a veterinarian showing that the animal to be licensed has been inoculated 

with a rabies vaccine approved by the U. S. Department of Agriculture’s Veterinary Biologics 

Division in accordance with the recommendations of the manufacturer, and that such vaccination 

will not expire prior to the issuance of the license.” Id. 5 6-9 1. 

You indicate that HCAC “has received a letter from PetData, Inc. (‘PetData’), which 

apparently has a contract with the City of Houston Bureau of Animal Regulation and Care . . . to 

collect animal licensing fees. PetData is requesting that [HCAC] periodically submit to PetData a 
The Honorable Mike Stafford - Page 3 (GA-0367) 

record of each rabies vaccination administered to dogs and cats owned by residents of the City of 

Houston, including the owner’s name, address, and phone number.“3 You contend that HCAC is 

prohibited from releasing such information to PetData by section 826.02 11 of the Health and Safety 

Code, which provides the following: 

(a) Information contained in a rabies vaccination certificate 

or in any record compiled from the information contained in one 

or more certificates that identifies or tends to identify an owner or 

an address, telephone number, or other personally identifying 

information of an owner of a vaccinated animal is confidential and 

not subject to disclosure under Chapter 552, Government Code [the 

Public Information Act] .4 

(b) The information may be disclosed only to agovernmental 

entity for purposes related to the protection of public health and 

safety. A governmental entity that receives the information, including 

a county or municipality that registers dogs and cats under Subchapter 

D, must maintain the confidentiality of the information, may not 

disclose the information under Chapter 552, Government Code, and 

may not use the information for a purpose that does not directly 

relate to the protection ofpublic health and safety. 

(c) A person commits an offense if the person distributes 

information that is confidential under this section. An offense under 

this subsection is a misdemeanor punishable by: 

(1) a fine of not more than $1,000; 

days; or 

(2) confinement in the county jail for not more than 180 

(3) both the fine and confinement. 

Act of May 25200579th Leg., R.S., ch. 1235, $ 1,2005 Tex. Sess. Law Serv. 3993,2993 (to be 

codified as amended TEX. HEALTH & SAFETY CODE ANN. 5 826.0211) (emphasis added). 

3See Brief from Marva Gay, Assistant County Attorney, Harris County, to Honorable Greg Abbott, Texas 

Attorney General, at 1 (April 11, 2005) (on file with Opinion Committee) [hereinafter Brief]. 

(a) was the only provision in section 826.02 11 that was amended in the Seventy-ninth Legislative 

Session. 
The Honorable Mike Stafford - Page 4 (GA-0367) 

In your view, PetData is not a governmental entity under subsection (b) of section 826.02 11. 

Nor, you contend, is PetData collecting the information for purposes “relate[d] to the protection of 

public health and safety;” rather, you state that “PetData appears to operate solely as a collection 

agent for the City. PetData is seeking confidential owner information to generate revenue for the 

City of Houston by collecting a license fee from owners of already-vaccinated dogs and cats. 

Collecting and generating revenue is a purpose that may not ‘directly relate to the protection of 

public health and safety’ as is required by sections 826.0211 (b) and 826.03 1 l(b) of the Health and 

Safety Code.” See Brief, supra note 2, at 4. 

II. Analysis 

As we have noted, municipal ordinances or rules regarding a rabies control program 

supersede both ordinances and rules adopted by a county and rules promulgated by the State Board 

of Health, provided that such ordinances and rules are at least as stringent as the standards set 

forth in chapter 826 of the Health and Safety Code. See TEX. HEALTH & SAFETY CODE ANN. 

$ 826.015(b) (V emon 2003). One of the provisions found in chapter 826 is the prohibition against 

disclosure of information contained in a rabies vaccination certificate to anyone other than a 

“governmental entity.” See id. 5 826.0211 (b). You argue that, even if HCAC is required to disclose 

the information contained in a rabies vaccination certificate to the City itself, it need not disclose that 

information to PetData, which, as a private corporation and mere agent of the city, is not a 

“governmental entity.” Moreover, you contend, such disclosure to PetData is prohibited by section 

826.0211 (b) of the Health and Safety Code, and that statute prescribes criminal penalties for its 

violations. See Brief, supra note 2, at 3-4. 

The term “governmental entity” is not defined in chapter 826 of the Health and Safety Code. 

The term is, however, defined in numerous other Texas statutes. See, e.g., TEX. FAM. CODE ANN. 

8 101.014 (Vernon 2002) (“‘governmental entity’ means the state, a political subdivision of the 

state, or an agency of the state”); TEX. GOV’T CODE ANN. 5 572.056(c) (Vernon 2004) 

(“‘governmental entity’ means the state, a political subdivision of the state, or a governmental entity 

created under the Texas Constitution or a statute of this state”); id. 8 2058.00 1 (c) (Vernon 2000) 

(“‘governmental entity’ means the state or an agency or political subdivision of the state”); 

TEX. LAB. CODE ANN. § 91.001(9) (Vernon Supp. 2004-05) (“‘governmental entity’ means this 

state, or an agency, county, or municipality of this state”); TEX. TRANSP. CODE ANN. 5 441 .001(4) 

(Vernon 1999) (“‘governmental entity’ means a municipality, a county, or the department [of 

Transportation]“). We have found no instance in which the term “governmental entity” has been 

defined to include a private company. Thus, we agree that PetData is not a “governmental entity” 

as that term is used in section 826.01 l(b) of the Health and Safety Code. 

It has been suggested,5 however, that the following provision authorizes the county to 

disclose to PetData, as an agent for the City, the information contained in a rabies vaccination 

certificate and made confidential by section 826.0211 of the Health and Safety Code. Section 

826.016 of the Health and Safety Code provides: 

‘See Brief from Christopher A. Richey, President, PetData, to Honorable Greg Abbott, Texas Attorney General, 

at 6 (May 26,2005) (on file with Opinion Committee). 
The Honorable Mike Stafford - Page 5 (GA-0367) 

The governing body of a municipality and the commissioners court 

of a county may enter into contracts or agreements with public or 

private entities to carry out the activities required or authorized under 

this chapter. 

TEX. HEALTH & SAFETY CODE ANN. 5 826.016 (Vernon 2003). This provision is an affirmative 

grant to local governments to enter into contracts “to carry out the activities required or authorized 

under this chapter.” Id. One of the activities authorized by chapter 826 is the registration and 

licensing of animals. See id. 5 826.03 l(a) (governing body of a municipality may adopt ordinances 

or rules requiring the registration of dogs and cats). Section 826.0 16 does not, in our view, furnish 

the authority to ignore a specific prohibition of chapter 826, i.e., that information contained in a 

rabies vaccination certificate that identifies or tends to identify a pet owner may be disclosed only 

to another “governmental entity.” 

We conclude that, because PetData is not a “governmental entity,” Harris County Animal 

Control is prohibited from disclosing to PetData any “information contained in a rabies vaccination 

certificate or in any record compiled from the information contained in one or more certificates that 

identifies or tends to identify an owner or an address, telephone number, or other personally 

identifying information of an owner of a vaccinated animal.” Id. § 826.0211 (a)! 

6See supra note 3. 
The Honorable Mike Stafford - Page 6 (GA-0367) 

SUMMARY 

Because PetData is not a “governmental entity,” Harris 

County Animal Control is prohibited from disclosing to PetData 

any “[i]nformation contained in a rabies vaccination certificate or in 

any record compiled from the information contained in one 

or more certificates that identifies or tends to identify an owner or 

an address, telephone number, or other personally identifying 

information of an owner of a vaccinated animal is confidential and 

not subject to disclosure under Chapter 552, Government Code.” 

BARRY R. MCBEE 

First Assistant Attorney General 

NANCY S. FULLER 

Chair, Opinion Committee 

Rick Gilpin 

Assistant Attorney General, Opinion Committee