74R11757 MI-D By Combs, et al. H.B. No. 2133 A BILL TO BE ENTITLED 1-1 AN ACT 1-2 relating to the authority of certain Parks and Wildlife Department 1-3 employees to enter on private property and to the use of 1-4 information obtained. 1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-6 SECTION 1. Section 12.103, Parks and Wildlife Code, is 1-7 amended to read as follows: 1-8 Sec. 12.103. ENTERING LAND; USE OF INFORMATION OBTAINED BY 1-9 ENTRY; CIVIL PENALTY. (a) To enforce the game and fish laws of 1-10 the state and to conduct scientific investigations and research 1-11 regarding wild game or fish, an authorized employee of the 1-12 department may enter on any land or water where wild game or fish 1-13 are known to range or stray. No action may be sustained against an 1-14 employee of the department to prevent his entering on land or water 1-15 when acting in his official capacity as described by this 1-16 subsection. 1-17 (b) Except as provided by Subsection (d), the department may 1-18 use information collected by an employee of the department on 1-19 privately owned land only for the purposes of scientific 1-20 investigations and research described in Subsection (a) and only if 1-21 authorized in writing by the landowner or the landowner's agent. 1-22 Unless the department first obtains the written consent of the 1-23 landowner or the landowner's agent, the department may not: 1-24 (1) use other incidental information obtained on the 2-1 land that does not pertain directly to the investigation or 2-2 research authorized under Subsection (a); or 2-3 (2) enter or permit the entry of any information that 2-4 does not pertain directly to the investigation or research 2-5 authorized under Subsection (a), into a database: 2-6 (A) maintained by the department and available 2-7 to a person other than a department employee; 2-8 (B) maintained by a natural heritage program 2-9 administered by the department; or 2-10 (C) established and maintained by any other 2-11 person. 2-12 (c) Except as provided by Subsection (d), information 2-13 collected under this section may only be reported or compiled in a 2-14 manner that prevents the identification of an individual parcel or 2-15 specific parcels of private property without the written consent of 2-16 the landowner or the landowner's agent. 2-17 (d) The department may collect and enter data as necessary 2-18 relating to the occurrence or harvest of natural resources in 2-19 public land or water. The department may collect and report 2-20 standardized annual wildlife survey information required by the 2-21 Pitman-Robertson Wildlife Restoration Act (16 U.S.C. Section 669 et 2-22 seq.). 2-23 (e) The department is liable to a private landowner for a 2-24 civil penalty in the amount of $1,000 for a violation of this 2-25 section involving information collected by an employee of the 2-26 department on the landowner's property. A landowner may bring suit 2-27 to collect the penalty in the county in which the land is located 3-1 or the county in which the landowner resides. 3-2 SECTION 2. This Act takes effect September 1, 1995. 3-3 SECTION 3. The importance of this legislation and the 3-4 crowded condition of the calendars in both houses create an 3-5 emergency and an imperative public necessity that the 3-6 constitutional rule requiring bills to be read on three several 3-7 days in each house be suspended, and this rule is hereby suspended.