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.