74R10274 PAM-F By Turner of Coleman H.B. No. 2012 Substitute the following for H.B. No. 2012: By Woolley C.S.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.