BILL ANALYSIS H.B. 1390 By: Saunders April 20, 1995 Committee Report (Amended) BACKGROUND There is a public demand to expand the Texas Parks and Wildlife Department's game bird (bobwhite quail, scaled quail, and Gambel's quail) program. This can be accomplished by intensively managing or acquiring habitat for these species. In the past, hunters have demonstrated a willingness to support distinctive programs, such as the wild turkey stamp program, in order to fund habitat preservation or expand stocking and management efforts. It is believed that sportsmen would be willing to purchase a quail stamp to hunt quail, with the proceeds applied to habitat preservation and other projects designed specifically to manage quail. Some sportsmen, however, oppose the stamp because they feel it is another license they must purchase in order to hunt. PURPOSE H.B. 1390 establishes a quail stamp and provides for proceeds from the sale of the stamp to be used specifically for quail projects. RULEMAKING AUTHORITY It is the committee's opinion that additional rulemaking authority is expressly granted to the Texas Parks and Wildlife Commission under SECTION 1 [Sec. 43.603(b) and Sec. 43.604(a) and (c)] of this bill. SECTION BY SECTION ANALYSIS SECTION 1. Amends Chapter 43, Parks and Wildlife Code, by adding Subchapter R, as follows: SUBCHAPTER R. QUAIL STAMP Sec. 43.601. DEFINITION. Defines "quail". Sec. 43.602. APPLICATION. Provides that Subchapter R applies only to a wild quail for which there is a hunting season, and that no additional hunting stamp or special hunting permit, excluding the quail stamp, is required. Sec. 43.603. QUAIL STAMP REQUIRED. Provides that no person may hunt quail unless that person has a quail stamp issued by the department in their possession, unless that person has been exempted by commission regulation from the stamp requirement. The stamp issued is valid for the period from September 1 through the following August 31, or other period set by the commission. Sec. 43.604. DESIGN AND ISSUANCE OF STAMP. Provides for an upland quail stamp issued by TPWD for a fee of $7. The Texas Parks and Wildlife Commission is granted rulemaking authority to issue an edition of the stamp that is not valid for hunting and to prescribe the form, design, and manner of issuance of the stamp, and the Texas Parks and Wildlife Commission may contract with any person to design and produce the stamp. Sec. 43.605. HUNTING LICENSE ALSO REQUIRED. Requires a person to have a hunting license in addition to the stamp in order to hunt quail. Sec. 43.606. DISPOSITION OF STAMP FEES. Provides for 50 cents, or a higher amount set by the Texas Parks and Wildlife Commission, to be retained by the license deputy. Sets forth that proceeds from the stamp shall be sent to the department. Sec. 43.607. QUAIL STAMP ACCOUNT. Provides that proceeds from the stamp may be spent only for the following: research, management, habitat, and protection of quail; or acquisition, lease, and development of quail habitat in this state. Sec. 43.608. ADVISORY COMMITTEE. Requires the commission to set up an advisory committee to assist the commission in regulating the expenditure of funds in the quail stamp account. The advisory committee shall make recommendations to expend funds equitably for the benefit of all quail species. Sec. 43.609. REFUSAL TO SHOW STAMP. Provides that a person hunting quail who refuses to show on demand of a game warden or peace officer a quail stamp or proof of exemption from the quail stamp requirement is presumed to be in violation of Section 43.603. Sec. 43.610. PENALTY. Provides for a Class C Parks and Wildlife Code misdemeanor for a person who violates Section 43.603. SECTION 2. Effective date: September 1, 1995. SECTION 3. Provides that the Texas Parks and Wildlife Commission may set the amount for a stamp issued after the effective date of this Act that expires before the 12-month period provided by this Act at an amount less than required by Section 43.604, Parks and Wildlife Code, as added by this Act. SECTION 4. Emergency clause. EXPLANATION OF AMENDMENTS Committee amendment no. 1 deletes subsection (c) of Sec. 43.608, which would have provided travel expense reimbursement for advisory committee members. Committee amendment no. 2 amends how money in the quail stamp account may be used. It expands its usage to development of quail habitat on public land and private land (with landowner consent and public access to the land). Committee amendment no. 3 exempts persons younger than 17 years of age from needing a quail stamp. This amendment also provides that a person is not required to have a quail stamp if they are hunting quail in their county of residence. SUMMARY OF COMMITTEE ACTION H.B. 1390 was considered by the Committee on State Recreational Resources in a public hearing on March 15, 1995. The following persons testified in favor of the bill: Charlie Schnabel representing Cen Tex Bird Hunters Club; Chip Martin representing Quail Unlimited; and Timothy G. Connolly representing Fort Worth Sportsmen's Club, Tarrant County Bird Hunters Association and Quail Unlimited. The following persons testified neutrally on the bill: Don E. Wilson representing Texas Parks and Wildlife Department; and Jim Dickinson representing Texas Parks and Wildlife Department. The bill was left pending. H.B. 1390 was considered by the Committee on State Recreational Resources in a formal meeting on April 20, 1995. The committee considered 3 amendments to the bill. Three of those amendments were adopted without objection. The bill was reported favorably as amended, with the recommendation that it do pass and be printed, by a record vote of 6 ayes, 0 nays, 0 pnv, 3 absent.