Sec. 12.0251. DISCLOSURE OF INFORMATION COLLECTED DURING TECHNICAL GUIDANCE TO PRIVATE LANDOWNER. (a) Except as provided by this section, information is not subject to Chapter 552, Government Code, and may not be disclosed to any person, including a state or federal agency, if the information is collected by the department in response to a landowner request relating to the specific location, species identification, or quantity of any animal or plant life that is:
(1) protected by this code; and
(2) located on private land that:
(A) is subject to a wildlife management plan developed cooperatively with the department for private land; or
(B) is the subject of a recommendation report prepared by the department for the landowner.
(b) The commission or the department may disclose information described by this section only to the landowner unless:
(1) the landowner consents to full or specified partial disclosure of information; and
(2) the consent is in writing and is attached to the plan or recommendation report.
(c) The department may release game census, harvest, habitat, or program information only if the information is summarized in a manner that prevents the identification of an individual or specific parcel of land and the landowner.
(d) The department may prepare not more than one original record of the information collected by the department and incorporated into a wildlife management plan, and the record becomes the property of the landowner. The department may retain one copy of the record. The retained copy may not be disclosed except as provided by this section.
(e) Except as provided by this subsection, the department shall send a copy of the information retained by the department relating to a landowner's property to the landowner and destroy the department's record of the information if the protected information status assigned by this section is revoked. The department may retain a copy of the information if the landowner consents in writing.
(f) In this section, a reference to the department includes a reference to an agent of the department.
(g) This section does not apply to a parcel of land that is not privately owned.
Added by Acts 1995, 74th Leg., ch. 519, Sec. 3, eff. Aug. 28, 1995. Amended by Acts 2001, 77th Leg., ch. 968, Sec. 29, eff. Sept. 1, 2001.
Structure Texas Statutes
Title 2 - Parks and Wildlife Department
Chapter 12 - Powers and Duties Concerning Wildlife
Subchapter A. General Powers and Duties
Section 12.001. General Duties
Section 12.0011. Resource Protection
Section 12.004. List of Fees and Fines
Section 12.005. Funds in Lieu of Taxes
Section 12.006. Publications on Wildlife Values and Management
Section 12.007. Voluntary Contribution to Fund for Veterans' Assistance
Section 12.0075. Organ Donor Registry Information
Section 12.008. Leasing of Grazing or Farming Rights: Sale of Products
Section 12.010. Nuisance or Noxious Aquatic Vegetation Program
Section 12.011. Teaching Equipment
Section 12.012. Recreational Water Safety Video
Section 12.013. Power to Take Wildlife; Fish
Section 12.015. Regulation of Fish, Shellfish, and Aquatic Plants
Section 12.017. Damaging Markers
Section 12.018. Acceptance and Disposition of Gifts
Section 12.024. Water Permit Responsibilities
Section 12.025. Technical Guidance to Landowners
Section 12.0251. Disclosure of Information Collected During Technical Guidance to Private Landowner
Section 12.026. Multiple Use of Land
Section 12.027. Adoption of Emergency Rules
Section 12.028. Powers and Duties Regarding Texas Water Trust