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House Bill 2026 |
House Author: Hilderbran |
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Effective: 6-18-05 |
Senate Sponsor: Jackson, Mike |
House Bill 2026 amends provisions of the Parks and Wildlife Code, Government Code, and Health and Safety Code relating to wildlife management.
The bill adds "exotic animals" to the list of game animals that the Texas Parks and Wildlife Department is authorized to confiscate with reason. Furthermore, the expense of any storage, care, feeding, or processing that results from the confiscation of an unlawfully possessed game animal may be assessed against the violator. The bill allows the department to auction confiscated live game to the highest bidder in a certain manner.
House Bill 2026 amends a number of provisions relating to the Game Breeder’s License, the Game Bird Breeder’s License, private bird hunting areas, and tagging requirements for breeders of game animals. The bill defines "game animal" and prohibits selling such an animal without a license. The bill eliminates the 8,000 acreage cap for a private bird hunting area. "Game birds" and "migratory game birds" are defined and game bird eggs are added to the regulatory scheme governing buying, selling, and possessing game birds.
House Bill 2026 prohibits a person from engaging in computer-assisted remote hunting or providing or operating facilities for computer-assisted remote hunting if the animal being hunted is located in Texas. The offense ranges from a Class B to a Class A Parks and Wildlife Code misdemeanor. Simply providing materials that can be used in the process of computer-assisted hunting, such as a computer or camera, does not constitute an offense.
The bill makes an exception in the statute that forbids a person from hunting wild animals and birds from a boat or watercraft on public water to allow for the hunting of alligators, frogs, and turtles. It eliminates the requirement to hold an alligator hunter’s license when hunting alligator and prohibits a person from leaving any public or private water with potentially harmful aquatic plants clinging to the owner’s vehicle, boat, or trailer.
The bill clarifies that regulations authorizing a taxidermist to sell, for cost recovery, unclaimed mounted or tanned game animals or birds apply to lawfully taken animals and birds, exclusive of migratory birds. It sets out the documentation requirements of such a sale. House Bill 2026 also provides that, in addition to damages, the actual cost of investigation, reasonable attorney's fees, and reasonable expert witness fees incurred by the department in a civil suit against a person who violates certain law and causes loss in the value of fish, shellfish, reptiles, amphibians, birds, or animals may be recovered. Additionally, the bill makes the Health and Safety Code chapter relating to regulation of animals inapplicable to certain cougar, bobcat, or coyote control activities in certain small counties.