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.