1-1 By: Turner of Coleman (Senate Sponsor - Lucio) H.B. No. 2012 1-2 (In the Senate - Received from the House May 15, 1995; 1-3 May 17, 1995, read first time and referred to Committee on Natural 1-4 Resources; May 19, 1995, reported favorably by the following vote: 1-5 Yeas 8, Nays 1; May 19, 1995, sent to printer.) 1-6 A BILL TO BE ENTITLED 1-7 AN ACT 1-8 relating to the disclosure of certain information collected by the 1-9 Parks and Wildlife Department. 1-10 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-11 SECTION 1. Subchapter B, Chapter 11, Parks and Wildlife 1-12 Code, is amended by adding Section 11.030 to read as follows: 1-13 Sec. 11.030. DISCLOSURE OF PERSONAL CUSTOMER INFORMATION. 1-14 (a) The name and address and a telephone, social security, 1-15 driver's license, bank account, credit card, or charge card number 1-16 of a person who purchases customer products, licenses, or services 1-17 from the department may not be disclosed except as authorized under 1-18 this section or Section 12.0251. 1-19 (b) Chapter 552, Government Code, does not apply to customer 1-20 information described by Subsection (a). 1-21 (c) The commission by rule shall adopt policies relating to: 1-22 (1) the release of the customer information; 1-23 (2) the use of the customer information by the 1-24 department; and 1-25 (3) the sale of a mailing list consisting of the names 1-26 and addresses of persons who purchase customer products, licenses, 1-27 or services. 1-28 (d) The commission shall include in its policies a method 1-29 for a person by request to exclude information about the person 1-30 from a mailing list sold by the department. 1-31 (e) The commission or department may disclose customer 1-32 information to a federal or state law enforcement agency if the 1-33 agency provides a lawfully issued subpoena. 1-34 (f) The department and its officers and employees are immune 1-35 from civil liability for an unintentional violation of this 1-36 section. 1-37 (g) In this section, a reference to the department includes 1-38 a reference to an agent of the department. 1-39 SECTION 2. Section 12.025, Parks and Wildlife Code, is 1-40 amended by adding Subsections (c)-(e) to read as follows: 1-41 (c) The department shall provide notice of Section 12.0251 1-42 to a private landowner who requests technical assistance before 1-43 entering the property to collect and record information about 1-44 animal or plant life. 1-45 (d) The commission by rule shall adopt policies, including 1-46 written guidelines for a method for providing notice under 1-47 Subsection (c) and for departmental entry onto privately owned land 1-48 to collect information described by Section 12.0251(a). The 1-49 policies and guidelines must identify the maximum information that 1-50 the department may maintain under Section 12.0251. 1-51 (e) A review or update of a record or plan produced by the 1-52 department under Section 12.0251 and maintained by the landowner or 1-53 the landowner's agent may be requested by the landowner or the 1-54 department. 1-55 SECTION 3. Subchapter A, Chapter 12, Parks and Wildlife 1-56 Code, is amended by adding Section 12.0251 to read as follows: 1-57 Sec. 12.0251. DISCLOSURE OF INFORMATION COLLECTED DURING 1-58 TECHNICAL GUIDANCE TO PRIVATE LANDOWNER. (a) Except as provided 1-59 by this section, information is not subject to Chapter 552, 1-60 Government Code, and may not be disclosed if the information is 1-61 collected by the department in response to a landowner request 1-62 relating to the specific location, species identification, or 1-63 quantity of any animal or plant life that is: 1-64 (1) protected by this code; and 1-65 (2) located on private land that: 1-66 (A) is subject to a wildlife management plan 1-67 developed cooperatively with the department for private land; or 1-68 (B) is the subject of a recommendation report 2-1 prepared by the department for the landowner. 2-2 (b) The commission or the department may disclose 2-3 information described by this section only to the landowner unless: 2-4 (1) the landowner consents to full or specified 2-5 partial disclosure of information; and 2-6 (2) the consent is in writing and is attached to the 2-7 plan or recommendation report. 2-8 (c) The department may release game census, harvest, 2-9 habitat, or program information only if the information is 2-10 summarized in a manner that prevents the identification of an 2-11 individual or specific parcel of land and the landowner. 2-12 (d) The department may prepare not more than one original 2-13 record of the information collected by the department and 2-14 incorporated into a wildlife management plan, and the record 2-15 becomes the property of the landowner. The department may retain 2-16 one copy of the record. The retained copy may not be disclosed 2-17 except as provided by this section. 2-18 (e) Except as provided by this subsection, the department 2-19 shall send a copy of the information retained by the department 2-20 relating to a landowner's property to the landowner and destroy the 2-21 department's record of the information if the protected information 2-22 status assigned by this section is revoked. The department may 2-23 retain a copy of the information if the landowner consents in 2-24 writing. 2-25 (f) In this section, a reference to the department includes 2-26 a reference to an agent of the department. 2-27 (g) This section does not apply to a parcel of land that is 2-28 not privately owned. 2-29 SECTION 4. The importance of this legislation and the 2-30 crowded condition of the calendars in both houses create an 2-31 emergency and an imperative public necessity that the 2-32 constitutional rule requiring bills to be read on three several 2-33 days in each house be suspended, and this rule is hereby suspended, 2-34 and that this Act take effect and be in force from and after its 2-35 passage, and it is so enacted. 2-36 * * * * *