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.
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