Presenter: Judi Doran

Commission Agenda Item No. 9
Action
Sale of Lists
June 1999

I. Discussion: Section 11.030 provides for rule making by the Commission for release of Texas Parks and Wildlife customer information. The proposed amendment to Section 53.35, Texas Administrative Code, will set out policy for reduced rates for release of customer information to nonprofit organizations and for small requests.

II. Rcommendation: The staff recommends the Texas Parks and Wildlife Commission adopt the following motion:

"The Texas Parks and Wildlife Commission adopts amendments to 31 TAC §53.353, concerning reduced rates for release of customer information as published in the April 30, 1999, issue of the Texas Register (24 TexReg 30)."

Attachments - 2

1. Exhibit A – Amendment to Rule
2. Exhibit B - Fiscal Note (Exhibit B - Available upon request)


Commission Agenda Item No. 9
Exhibit A

Proposed Preamble

1. Introduction.

Texas Parks and Wildlife proposed amendment to Section 53.35 of its administrative rules concerning release of customer information sets out the Department policy for reduced rates for nonprofit organizations and other small requests for customer information.

2. Fiscal Note.

Melanie Callahan, Finance Director, has determined that for each of the first five years that the proposed new section is in effect, there will be no negative financial implication to state or local governments as a result of enforcing or administering the proposed new section.

3. Public Benefit – Cost Note

Ms. Callahan also has determined that for each of the first five years the proposed new section is in effect

(A) The public benefit anticipated as a result of the amended rules as proposed will be increased satisfaction with the consistency and fairness of department customer-list-release rules.

(B) There will be no effect on small businesses. There is no economic costs to persons required to comply with the new amended rules as proposed because the rules allow for reduced rates for obtaining customer lists.

(C) The department has not filed a local impact statement with the Texas Workforce Commission as required by Government Code Section 2001.022, as this agency has determined that the rules as proposed will not impact local economies.

(D) The department has determined that there will not be taking of private real property, as defined by Government Code, Chapter 2007, as a result of the proposed rules.

4. Request for Public Comments.

Comments on the proposed rules may be submitted to Judy Doran, Texas Parks and Wildlife Department, 4200 Smith School Road, Austin, Texas 78744; (512) 389-4329, or 1-800-792-1112 or by fax (512) 389-4482

5. Statutory Authority: The proposed rule change is authorized by Section 11.030, Texas Parks and Wildlife Code.

§53.35. Release and Sale of Customer Information.

(a) The department may release customer information to accomplish its underlying mission and goals. It is the policy of the commission that certain personal information about the department’s customers shall not be released, including, but not limited to, customers’ social security, drivers’ license, bank account, credit card, or charge card numbers, except where release of such information is dictated by statute or valid court order.

(b) The department may rent or sell mailing lists consisting of names and addresses of persons who purchase customer products, licenses or services. It is the commission’s policy to refuse rental or sale of its mailing list to any potential user at any time if the use proposed for the list is:

(1) For mailings whose purpose is deemed by the department to be contrary to the goals and missions of the department; or for mailings for political candidates, parties, or causes; or

(2) Which contain elements that are dishonest, salacious or otherwise deleterious and which are not in the best interest of the State of Texas.

(c) The rental or sales price of mailing lists may be adjusted periodically by the executive director or has designee to reflect fair market value of such lists.

(d) The department may release customer information, except personal information, without charge or at a reduced fee when the executive director deems that release of such information is in the best interest of the state and;

(1) A non profit group or organization which is specifically organized to promote the statewide goals and missions of Texas Parks and Wildlife Department, upon approval of its request, can obtain the lists at the Department’s cost. The release of the list will be for a one-time use only and any mailing using the lists must be reviewed and approved by the Department before the data is released and;

(2) A nonprofit group or organization that is not specifically organized to promote the statewide goals and missions of Texas Parks and Wildlife Department but that has stated goals which benefit the Department, upon approval of its request, can obtain the list at one-half of the market price. The release of the list will be for a one-time use only and any mailings must be reviewed and approved by the Department before the data is released; and

(3) Texas Parks and Wildlife Department will treat citizens’ requests for information on individuals, businesses and other entities who have received a license or permit from the Department as Public Information requests and furnish the names and addresses for the Department’s cost if the request is for a small number of names and if disclosure of names and addresses requested is not otherwise prohibited by law. Should the Requestor ask for a large number of such names, the market price will be charged. A request for customer names and addresses for publishing on the INTERNET or other widely distributed media will not be honored if the request is for a large number of names and the Department will not honor requests for customer lists to be published on the INTERNET or other widely distribute media for purposes that are contrary to our goals and mission or are otherwise not in the best interest of the state.

(4) Requests for TPW lists for research purposes only will be furnished to the Requestor at cost or with costs waived; provided the Requestor agrees in writing to furnish TPW the methodology, all data and conclusions resulting from use of the list(s).

(e) Upon request by a customer, information about that customer, or information about a customer’s minor family members, will not be released, rented or sold by the department except as otherwise specifically provided by law.

(f) Consistent with these rules, the executive director or his designee shall establish a procedure to withhold customer information.

This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency’s authority to adopt.


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