74R10274 PAM-F
          By Turner of Coleman                                  H.B. No. 2012
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to the disclosure of certain information collected by the
    1-3  Parks and Wildlife Department.
    1-4        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-5        SECTION 1.  Subchapter B, Chapter 11, Parks and Wildlife
    1-6  Code, is amended by adding Section 11.030 to read as follows:
    1-7        Sec. 11.030.  DISCLOSURE OF PERSONAL CUSTOMER INFORMATION.
    1-8  (a)  The name and address and a telephone, social security,
    1-9  driver's license, bank account, credit card, or charge card number
   1-10  of a person who purchases customer products, licenses, or services
   1-11  from the department may not be disclosed except as authorized under
   1-12  this section or Section 12.0251.
   1-13        (b)  Chapter 552, Government Code, does not apply to customer
   1-14  information described by Subsection (a).
   1-15        (c)  The commission by rule shall adopt policies relating to:
   1-16              (1)  the release of the customer information;
   1-17              (2)  the use of the customer information by the
   1-18  department; and
   1-19              (3)  the sale of a mailing list consisting of the names
   1-20  and addresses of persons who purchase customer products, licenses,
   1-21  or services.
   1-22        (d)  The commission shall include in its policies a method
   1-23  for a person by request to exclude information about the person
   1-24  from a mailing list sold by the department.
    2-1        (e)  The commission or department may disclose customer
    2-2  information to a federal or state law enforcement agency if the
    2-3  agency provides a lawfully issued subpoena.
    2-4        (f)  The department and its officers and employees are immune
    2-5  from civil liability for an unintentional violation of this
    2-6  section.
    2-7        (g)  In this section, a reference to the department includes
    2-8  a reference to an agent of the department.
    2-9        SECTION 2.  Section 12.025, Parks and Wildlife Code, is
   2-10  amended by adding Subsections (c)-(e) to read as follows:
   2-11        (c)  The department shall provide notice of Section 12.0251
   2-12  to a private landowner who requests technical assistance before
   2-13  entering the property to collect and record information about
   2-14  animal or plant life.
   2-15        (d)  The commission by rule shall adopt policies, including
   2-16  written guidelines for a method for providing notice under
   2-17  Subsection (c) and for departmental entry onto privately owned land
   2-18  to collect information described by Section 12.0251(a).  The
   2-19  policies and guidelines must identify the maximum information that
   2-20  the department may maintain under Section 12.0251.
   2-21        (e)  A review or update of a record or plan produced by the
   2-22  department under Section 12.0251 and maintained by the landowner or
   2-23  the landowner's agent may be requested by the landowner or the
   2-24  department.
   2-25        SECTION 3.  Subchapter A, Chapter 12, Parks and Wildlife
   2-26  Code, is amended by adding Section 12.0251 to read as follows:
   2-27        Sec. 12.0251.  DISCLOSURE OF INFORMATION COLLECTED DURING
    3-1  TECHNICAL GUIDANCE TO PRIVATE LANDOWNER.  (a)  Except as provided
    3-2  by this section, information is not subject to Chapter 552,
    3-3  Government Code, and may not be disclosed if the information is
    3-4  collected by the department in response to a landowner request
    3-5  relating to the specific location, species identification, or
    3-6  quantity of any animal or plant life that is:
    3-7              (1)  protected by this code; and
    3-8              (2)  located on private land that:
    3-9                    (A)  is subject to a wildlife management plan
   3-10  developed cooperatively with the department for private land; or
   3-11                    (B)  is the subject of a recommendation report
   3-12  prepared by the department for the landowner.
   3-13        (b)  The commission or the department may disclose
   3-14  information described by this section only to the landowner unless:
   3-15              (1)  the landowner consents to full or specified
   3-16  partial disclosure of information; and
   3-17              (2)  the consent is in writing and is attached to the
   3-18  plan or recommendation report.
   3-19        (c)  The department may release game census, harvest,
   3-20  habitat, or program information only if the information is
   3-21  summarized in a manner that prevents the identification of an
   3-22  individual or specific parcel of land and the landowner.
   3-23        (d)  The department may prepare not more than one original
   3-24  record of the information collected by the department and
   3-25  incorporated into a wildlife management plan, and the record
   3-26  becomes the property of the landowner.  The department may retain
   3-27  one copy of the record.  The retained copy may not be disclosed
    4-1  except as provided by this section.
    4-2        (e)  Except as provided by this subsection, the department
    4-3  shall send a copy of the information retained by the department
    4-4  relating to a landowner's property to the landowner and destroy the
    4-5  department's record of the information if the protected information
    4-6  status assigned by this section is revoked.  The department may
    4-7  retain a copy of the information if the landowner consents in
    4-8  writing.
    4-9        (f)  In this section, a reference to the department includes
   4-10  a reference to an agent of the department.
   4-11        (g)  This section does not apply to a parcel of land that is
   4-12  not privately owned.
   4-13        SECTION 4.  The importance of this legislation and the
   4-14  crowded condition of the calendars in both houses create an
   4-15  emergency and an imperative public necessity that the
   4-16  constitutional rule requiring bills to be read on three several
   4-17  days in each house be suspended, and this rule is hereby suspended,
   4-18  and that this Act take effect and be in force from and after its
   4-19  passage, and it is so enacted.