By Turner of Coleman H.B. No. 2012
74R7541 T
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the confidentiality of certain information collected by
1-3 the Parks and Wildlife Department.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Chapter 11, Parks and Wildlife Code is amended by
1-6 adding a new section 11.030 to read as follows:
1-7 Sec. 11.030. CONFIDENTIALITY OF PERSONAL CUSTOMER
1-8 INFORMATION. (a) The name, address, telephone number, social
1-9 security number, driver's license number, bank account number,
1-10 credit card, or charge card number of a person who purchases
1-11 customer products, licenses, or services from the department is
1-12 confidential and shall not be disclosed except as authorized by
1-13 this section.
1-14 (b) The release of personal information determined to be
1-15 confidential shall be in accordance with policies established by
1-16 the commission.
1-17 (c) Information determined to be confidential under this
1-18 section may be disclosed to a federal or state law enforcement
1-19 agency upon a lawfully issued subpoena.
1-20 (d) The department shall use confidential personal customer
1-21 information in accordance with commission policies.
1-22 (e) The department shall establish policies for the sale of
1-23 names and addresses of persons who purchase customer products,
1-24 licenses, or services. These policies shall provide for
2-1 individuals to request exclusion of their personal information from
2-2 such lists.
2-3 (f) The department, its officers, and employees are immune
2-4 from civil liability for a violation of this section.
2-5 SECTION 2. Chapter 12, Parks and Wildlife Code is amended by
2-6 adding a new section 12.0251 to read as follows:
2-7 Sec. 12.0251. CONFIDENTIALITY OF INFORMATION COLLECTED
2-8 DURING TECHNICAL GUIDANCE TO PRIVATE LANDOWNERS. (a) Information
2-9 collected by the department or an agent of the department in
2-10 response to a landowner request on the specific location, species
2-11 identification, or quantity of any animal or plant life protected
2-12 by this code, and located on private property in conjunction with a
2-13 recommendation or wildlife plan developed cooperatively with the
2-14 department for private land is confidential, and shall be disclosed
2-15 only to the owner of the private property. No other disclosure of
2-16 information collected on private property under this section shall
2-17 be authorized unless written consent is granted by the landowner
2-18 for full or designated partial disclosure of data, and attached to
2-19 the plan or recommendation. The department may summarize game
2-20 census, harvest, habitat or program information at a scale such
2-21 that individual or specific parcels of private property cannot be
2-22 specifically identified.
2-23 (b) The record of information collected by the department
2-24 and its agents into a plan shall be made in one original that
2-25 becomes the property of the owner of the private property, and one
2-26 copy retained by the department or an agent of the department.
2-27 That copy retained by the department or an agent of the department
3-1 must remain confidential as per subsection (a). Any change in this
3-2 confidentiality provision cannot be applied retroactively, and the
3-3 department will obtain written guidance from the landowner to the
3-4 disposition of materials should this occur. A review or update of
3-5 the record or plan maintained by the property owner or his agent,
3-6 may be requested at any time by the landowner or agents of the
3-7 department. The value of the plan lies in its being kept current
3-8 with changes as situations indicate.
3-9 (c) The department shall provide notice of this section to
3-10 all owners of private property requesting technical assistance at
3-11 or before entering onto the private property to collect and record
3-12 information about animal or plant life on that property.
3-13 (d) The commission shall develop policy notice and written
3-14 guidelines for entry onto privately owned land by department staff
3-15 for collection of information for a plan or recommendation as
3-16 requested by the landowner for the enhancement of wildlife
3-17 conservation and preservation. The policy and guidelines shall
3-18 also set forth the maximum information that the department may
3-19 maintain consonance with subsections (a) and (b).
3-20 (e) Information compiled on parcels of property not
3-21 privately owned is not restricted by this section.
3-22 SECTION 3. The importance of this legislation and the
3-23 crowded condition of the calendars in both houses create an
3-24 emergency and an imperative public necessity that the
3-25 constitutional rule requiring bills to be read on three several
3-26 days in each house be suspended, and this rule is hereby suspended,
3-27 and that this Act take effect and be in force from and after its
4-1 passage, and it is so enacted.