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.