BILL ANALYSIS



C.S.H.B. 2133
By: Combs
April 30, 1995
Committee Report (Substituted)


BACKGROUND

Currently, Texas Parks and Wildlife Department employees enter the
land of private property owners to conduct scientific
investigations and research regarding wild game or fish.  Many
times this entry is done without the consent of the property owner. 
Also, there are no restrictions on who has access to the
information that was obtained.

PURPOSE

This bill would restrict the ways in which department employees may
use information obtained from a private landowner's property and
would require the landowner's consent for certain uses of the
information.

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly
grant any additional rulemaking authority to a state officer,
department, agency, or institution.

SECTION BY SECTION ANALYSIS

SECTION 1  Section 12.103, Parks and Wildlife Code, is amended to
           read as follows:

           Sec. 12.103.  ENTERING LAND; USE OF INFORMATION OBTAINED
           BY ENTRY; CIVIL PENALTY.

           (a)  Makes conforming changes by adding the phrase "as
           described by this subsection."

           (b)  The department may use information collected on
           privately owned land only for certain purposes and only
           if authorized in writing by the landowner.  Also, unless
           authorized by the landowner, the department may not:

               (1) use other incidental information obtained on
               the land that does not pertain directly to the
               authorized investigation; or

               (2) enter the information into a database: 
               maintained by the department and accessible to
               people outside the department; maintained by a
               natural heritage program administered by the
               department; or established and maintained by any
               other person.

           (c)  Information collected under this section may only
           be compiled in a manner that prevents the identification
           of the parcels of private property that were
           investigated, unless the landowner consents in writing.

           (d)  Exempts the collection of certain information on
           public land or water and information that is required
           by the Pitman-Robertson Wildlife Restoration Act.

           (e)  Provides for a civil penalty for violation of this
           section.

SECTION 2  Effective date:  September 1, 1995.

SECTION 3  Emergency clause.

COMPARISON OF ORIGINAL TO SUBSTITUTE

The original bill provided that a department employee may not enter
on private property to conduct research without permission of the
landowner.  This provision is not included in the substitute.  The
substitute makes conforming changes in Subsections (a) and (b) to
reflect the deletion of this provision.  The substitute also amends
Subsection (b) to provide that the department may not use the
information collected from a landowner's property without
permission from the landowner and to provide that the department
may not use other incidental information obtained on the
landowner's property without permission.  

The substitute adds a provision requiring information collected
under this section to be reported in a manner that prevents
identification of the individual parcels of property, unless the
landowner consents.

The substitute adds an exemption to the consent requirement for the
collection and compilation of data relating to resources on public
lands and information required by the Pitman-Robertson Wildlife
Restoration Act.

The substitute also adds a provision for a civil penalty for
violations of this section.

SUMMARY OF COMMITTEE ACTION

H.B. 2133 was considered by the committee in a public hearing on
April 25, 1995.

The committee considered a complete substitute for the bill.  The
substitute was adopted without objection.

An amendment was offered to the substitute.  The amendment was
adopted without objection.

The chair directed the staff to incorporate the amendment into the
substitute.

The bill was reported favorably as substituted, with the
recommendation that it do pass and be printed, by a record vote of
6 ayes, 0 nays, 0 pnv, 3 absent.

In a formal meeting on April 26, 1995, the vote by which H.B. 2133
was reported favorably as substituted was reconsidered by the
committee without objection.

The vote by which Committee Amendment No. 1 was adopted was
reconsidered without objection.  The amendment was withdrawn
without objection.

The vote by which the substitute for H.B. 2133 was adopted was
reconsidered without objection.

An amendment was offered to the substitute.  The amendment was
adopted without objection.

The substitute as amended was adopted without objection.  The chair
directed the staff to incorporate the amendment into the
substitute.

The bill was reported favorably as substituted, with the
recommendation that it do pass and be printed, by a record vote of
7 ayes, 0 nays, 0 pnv, 2 absent.