Texas § PW.12.0251 - DISCLOSURE OF INFORMATION COLLECTED DURING TECHNICAL GUIDANCE TO PRIVATE LANDOWNE

§ PW.12.0251. DISCLOSURE OF INFORMATION COLLECTED DURING TECHNICAL GUIDANCE TO PRIVATE LANDOWNE

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: (1) the landowner; (2) another person if the landowner consents to full or specified partial disclosure of information and the consent is in writing and is attached to the plan or recommendation report; or (3) the Texas Animal Health Commission as needed to carry out a governmental purpose. (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. Amended by: Acts 2023, 88th Leg., R.S., Ch. 247 (S.B. 811 ), Sec. 4, eff. May 27, 2023.