BILL ANALYSIS



H.B. 1926
By: Rangel
April 12, 1995
Committee Report (Amended)


BACKGROUND

In April, 1994 the Kleberg County Commissioners' Court approved a
resolution requesting legislation to create a game sanctuary in all
state owned public lands and public waters in Kleberg County.  The
purpose of the sanctuary is to prohibit the hunting, killing, or
possession  of any animals or birds in the game sanctuary. 
Periodically, and for the last 20 years, certain state-owned
rivers, lakes and other streams in Texas have been declared to be
game sanctuaries.  Currently, there are four similar game
sanctuaries in Texas.  They are located in LaSalle, McMullen, Bee,
and Live Oak Counties. 

PURPOSE

H.B. 1926 would create the Kleberg County Public Lands and Water
Sanctuary and provide a penalty for any violations.

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly
grant any additional rulemaking authority to a state officer,
department, agency or institution.

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Chapter 82, Parks and Wildlife Code, by adding
Subchapter N to read as follows:
  SUBCHAPTER N.  KLEBERG COUNTY PUBLIC LANDS AND WATER SANCTUARY

     Sec. 82.751.  CREATION.  All of the state-owned land and
public water in Kleberg  County is a game sanctuary.  This includes
the waters, creekbeds, and banks of Los      Olmos, Petranilla, and
San Fernando creeks.

     Sec. 82.752.   PROHIBITED ACTS.  (a)  With the exceptions in
subsections (b) and (c),      no person may possess, hunt, or kill
an animal or bird in the game sanctuary.

           (b) (1) Provides Subsection (a) does not apply to
a peace officer of the state,                a law enforcement
officer of the United States, a department employee or                a federal wildlife management employee during actual
discharge of official              duties.

               (2) Provides Subsection (a) does not apply to a
person who under Section                43.022 of the Parks and
Wildlife Code has obtained a permit to take            protected
wildlife for propagation and scientific purposes, zoological               gardens, and aquariums.

           (c) Provides Subsection (a) does not apply to a
person who hunts waterfowl         during waterfowl season.

     Sec. 82.753    PENALTY.  Provides a Class C Parks and Wildlife
Code Misdemeanor    penalty ($25 - $500) for a violation of Sec.
82.752.

SECTION 2.  Emergency Clause.

EXPLANATION OF AMENDMENTS

Committee amendment no. 1 amends Sec. 82.751, so that the bill
applies only to the land area and public water in state-owned
riverbeds.  These areas will be considered a game preserve. 

Committee amendment no. 2 amends Sec. 82.752.  Strikes the
reference to subsection (c) found in subsection (a).  In subsection
(a) the word animal is removed and replaced with exotic animal as
defined by Section 62.015, game animal, fur-bearing animal. 
Subsection (b) is amended in regard to those persons exempt from
subsection (a).  Subsection (c) is deleted from the bill. 

SUMMARY OF COMMITTEE ACTION

H.B. 1926 was considered by the Committee on State Recreational
Resources in a public hearing on April 5, 1995.

For purposes of testimony, the committee considered the following
related bill together:
     H.B. 1926; and
     H.B. 1927.

The following persons testified in favor of one or more of the
bills:

     Leo Villarreal representing Kenedy County Commissioners Court;
     R.H. Thompson representing King Ranch Inc.;
     Mike Thompson representing King Ranch Inc.;
     Ed Small representing Texas & Southwestern Cattle Raisers; and 
     Joe LaMantia representing himself.

The following persons testified against one or more of the bills:

     Rocky Eyler representing himself;
     Charles Golla representing himself;
     John H. Brymer, IV representing himself and Mr. Randy Boone;
     Dorothy Brymer representing herself;
     Eddie Brown representing himself; and
     Ellis Gilleland representing himself.

The following persons testified neutrally on one or more of the
bills:

     James Robertson representing Texas Parks and Wildlife
Department.

The bill was left pending.

H.B. 1926 was considered by the Committee on State Recreational
Resources in a public hearing on April 12, 1995.

The committee considered two amendments to the bill.

Two 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.