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 * * * * *