BILL ANALYSIS H.B. 2012 By: Turner, B. (Lucio) Agriculture 05-19-95 Senate Committee Report (Unamended) BACKGROUND Currently, the Texas Parks and Wildlife Department records relating to consumer identity, information, and private landowner plans are unrestricted. Consumers and private landowners are requesting that the department maintain these records as confidential or provide policies to deal with consumer confidentiality. PURPOSE As proposed, H.B. 2012 provides for the confidentiality of certain personal customer information. RULEMAKING AUTHORITY It is the committee's opinion that rulemaking authority is granted to the Texas Parks and Wildlife Commission under SECTION 1 (Sec. 11.030(c), Parks and Wildlife Code) and SECTION 2 (Sec. 12.025(d), Parks and Wildlife Code) of this bill. SECTION BY SECTION ANALYSIS SECTION 1. Amends Chapter 11B, Parks and Wildlife Code, by adding Section 11.030, as follows: Sec. 11.030. DISCLOSURE OF PERSONAL CUSTOMER INFORMATION. (a) Prohibits the name and address and a telephone, social security, driver's license, bank account, credit card, or charge card number of a person who purchases customer products, licenses, or services from the Parks and Wildlife Department (department) from being disclosed except as authorized under this section or Section 12.0251. (b) Provides that Chapter 552, Government Code, does not apply to customer information described by Subsection (a). (c) Requires the Texas Parks and Wildlife Commission (commission), by rule, to adopt policies relating to the release of customer information; the use of the customer information by the department; and the sale of a mailing list consisting of the names and addresses of persons who purchase customer products, licenses, or services. (d) Requires the commission to include in its policies a method for a person by request to exclude information about the person from a mailing list sold by the department. (e) Authorizes the commission or department to disclose customer information to a federal or state law enforcement agency if the agency provides a lawfully issued subpoena. (f) Provides that the department and its officers and employees are immune from civil liability for an unintentional violation of this section. (g) Provides that in this section, a reference to the department includes a reference to an agent of the department. SECTION 2. Amends Section 12.025, Parks and Wildlife Code, by adding Subsections (c)-(e), as follows: (c) Requires the department to provide notice of Section 12.0251 to a private landowner who requests technical assistance before entering the property to collect and record information about animal or plant life. (d) Requires the commission, by rule, to adopt policies, including written guidelines for a method for providing notice under Subsection (c) and for departmental entry onto privately owned land to collect information described by Section 12.0251(a). Requires the policies and guidelines to identify the maximum information that the department may maintain under Section 12.0251. (e) Authorizes a review or update of a record or plan produced by the department under Section 12.0251 and maintained by the landowner or the landowner's agent to be requested by the landowner or the department. SECTION 3. Amends Chapter 12A, Parks and Wildlife Code, by adding Section 12.0251, as follows: Sec. 12.0251. DISCLOSURE OF INFORMATION COLLECTED DURING TECHNICAL GUIDANCE TO PRIVATE LANDOWNER. (a) Provides that information is not subject to Chapter 552, Government Code, and may not be disclosed if the information is collected by the department in response to a landowner request relating to the specific location, species identification, or quantity of certain animal or plant life. (b) Authorizes the commission or the department to disclose information described by this section only to the landowner unless the landowner consents to full or specified partial disclosure of information; and the consent is in writing and is attached to the plan or recommendation report. (c) Authorizes the department to release game census, harvest, habitat, or program information only if the information is summarized in a manner that prevents the identification of an individual or specific parcel of land and the landowner. (d) Prohibits the department from preparing more than one original record of the information collected by the department and incorporated into a wildlife management plan, and the record becomes the property of the landowner. Authorizes the department to retain one copy of the record. Prohibits the retained copy from being disclosed except as provided by this section. (e) Requires the department to send a copy of the information retained by the department relating to a landowner's property to the landowner and destroy the department's record of the information if the protected information status assigned by this section is revoked. Authorizes the department to retain a copy of the information if the landowner consents in writing. (f) Provides that in this section, a reference to the department includes a reference to an agent of the department. (g) Provides that this section does not apply to a parcel of land that is not privately owned. SECTION 4. Emergency clause. Effective date: upon passage.