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.