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.