1-1  By:  Combs, et al. (Senate Sponsor - Bivins)          H.B. No. 2133
    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 9, Nays 0; May 19, 1995, sent to printer.)
    1-6                         A BILL TO BE ENTITLED
    1-7                                AN ACT
    1-8  relating to the authority of certain Parks and Wildlife Department
    1-9  employees to enter on private property and to the use of
   1-10  information obtained.
   1-11        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
   1-12        SECTION 1.  Section 12.103, Parks and Wildlife Code, is
   1-13  amended to read as follows:
   1-14        Sec. 12.103.  ENTERING LAND; USE OF INFORMATION OBTAINED BY
   1-15  ENTRY; CIVIL PENALTY.  (a)  To enforce the game and fish laws of
   1-16  the state and to conduct scientific investigations and research
   1-17  regarding wild game or fish, an authorized employee of the
   1-18  department may enter on any land or water where wild game or fish
   1-19  are known to range or stray.  No action may be sustained against an
   1-20  employee of the department to prevent his entering on land or water
   1-21  when acting in his official capacity as described by this
   1-22  subsection.
   1-23        (b)  Except as provided by Subsection (d), the department may
   1-24  use information collected by an employee of the department on
   1-25  privately owned land only for the purposes of scientific
   1-26  investigations and research described in Subsection (a) and only if
   1-27  authorized in writing by the landowner or the landowner's agent.
   1-28  Unless the department first obtains the written consent of the
   1-29  landowner or the landowner's agent, the department may not:
   1-30              (1)  use other incidental information obtained on the
   1-31  land that does not pertain directly to the investigation or
   1-32  research authorized under Subsection (a); or
   1-33              (2)  enter or permit the entry of any information that
   1-34  does not pertain directly to the investigation or research
   1-35  authorized under Subsection (a), into a database:
   1-36                    (A)  maintained by the department and available
   1-37  to a person other than a department employee;
   1-38                    (B)  maintained by a natural heritage program
   1-39  administered by the department; or
   1-40                    (C)  established and maintained by any other
   1-41  person.
   1-42        (c)  Except as provided by Subsection (d), information
   1-43  collected under this section may only be reported or compiled in a
   1-44  manner that prevents the identification of an individual parcel or
   1-45  specific parcels of private property without the written consent of
   1-46  the landowner or the landowner's agent.
   1-47        (d)  The department may collect and enter data as necessary
   1-48  relating to the occurrence or harvest of natural resources in
   1-49  public land or water.  The department may collect and report
   1-50  standardized annual wildlife survey information required by the
   1-51  Pitman-Robertson Wildlife Restoration Act (16 U.S.C. Section 669 et
   1-52  seq.).
   1-53        (e)  The department is liable to a private landowner for a
   1-54  civil penalty in the amount of $1,000 for a violation of this
   1-55  section involving information collected by an employee of the
   1-56  department on the landowner's property.  A landowner may bring suit
   1-57  to collect the penalty in the county in which the land is located
   1-58  or the county in which the landowner resides.
   1-59        SECTION 2.  This Act takes effect September 1, 1995.
   1-60        SECTION 3.  The importance of this legislation and the
   1-61  crowded condition of the calendars in both houses create an
   1-62  emergency and an imperative public necessity that the
   1-63  constitutional rule requiring bills to be read on three several
   1-64  days in each house be suspended, and this rule is hereby suspended.
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