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.