BILL ANALYSIS C.S.H.B. 1964 By: Oakley April 26, 1995 Committee Report (Substituted) BACKGROUND Currently, Texas Parks and Wildlife Department (department) has the authority to issue permits to take protected wildlife for propagation, zoological gardens, aquariums, rehabilitation, scientific purposes and for private transplanting. Statutory conditions placed on these permits are rigid, detailed, confusing and consequently difficult for department staff to administer. PURPOSE C.S.H.B. 1964 would allow greater flexibility to the Texas Parks and Wildlife Commission (commission) to administer regulatory authority over scientific, zoological, and rehabilitation permits as well as clarify appropriate conditions for the private trapping and transplanting of game animals, game birds and white-tailed deer in municipalities. RULEMAKING AUTHORITY It is the committee's opinion additional rulemaking authority is expressly granted to the Texas Parks and Wildlife Commission in SECTION 3 [Sec. 43.022(f)-(h)], SECTION 4 [Sec. 43.024(a)], SECTION 8 [Sec. 43.061 (f) and (g)], SECTION 9 [Sec. 43.0611 (c) and (g)], and SECTION 11 of this bill. Although SECTION 5 [Sec. 43.028(a)] does not expressly grant additional rulemaking authority to the Texas Parks and Wildlife Department, it does provide for enforcement of rules adopted under this subchapter. In addition, SECTION 5 [Sec. 43.028(b)] and SECTION 6 [Sec. 43.030], address violations of commission rules. SECTION BY SECTION ANALYSIS SECTION 1. Amends the heading of Subchapter C, Chapter 43, Parks and Wildlife Code. SECTION 2. Amends Section 43.021, Parks and Wildlife Code. Amends the definition of "Protected Wildlife". SECTION 3. Amends Section 43.022, Parks and Wildlife Code. Provides permit requirements. Provides for situations in which a permit is not required. Grants the commission authority to adopt rules and establish fees for permitting those activities. Grants authority for the commission to exempt certain categories of activities from permitting and fee requirements. SECTION 4. Amends Section 43.024, Parks and Wildlife Code. Provides clarification for what is considered to be disposition of protected wildlife. SECTION 5. Amends Subchapter C, Chapter 43, Parks and Wildlife Code, by adding Section 43.028. Provides the commission the authority to initiate civil suits for violations of this Code. In addition, it provides for a court to impose a civil penalty in addition to injunctive relief and allows the court to award attorney's fees and court costs to the state for judgements in favor of the Department. SECTION 6. Amends Section 43.030, Parks and Wildlife Code. Provides a penalty for persons who violate Section 43.022, a commission rule, or the conditions of a permit. SECTION 7. Amends the title of Subchapter E, Chapter 43, Parks and Wildlife Code. SECTION 8. Amends Section 43.061, Parks and Wildlife Code. Provides for transplanting game animals and game birds, as well as suggesting permit conditions. Grants the commission authority to make regulations to govern content of wildlife stocking plans, certification of trappers and other activities concerning the capture, transportation and transplantation of game animals and game birds. SECTION 9. Amends Subchapter E, Chapter 43, Parks and Wildlife Code by adding Section 43.0611. Grants the Department authority to issue municipal white-tailed deer removal permits. In addition, it provides for placing conditions on this activity and establishes an application fee for a municipal white-tailed deer removal permit. This section allows for exemptions of this fee, establishes offenses under this permit, and allows the commission to establish regulations governing this permit. SECTION 10. Repeals Sections 43.023, 43.025, 43.026, 43.027, 43.0281, 43.029 and 63.007. SECTION 11. Directs the commission to enact rules necessary to implement provisions of this bill as soon as practicable but no later than December 1, 1995. Additionally, this section sets an expiration date of December 1, 1995 for any permit issued under Chapter 43, Parks and Wildlife Code prior to September 1, 1995. SECTION 12. Effective date of this act is September 1, 1995 (except for Sections 1-9). Effective date for Sections 1-9 of this bill is December 1, 1995. SECTION 13. Emergency clause. COMPARISON OF ORIGINAL TO SUBSTITUTE The original bill did not include a section to amend the heading to Subchapter C, Chapter 43, Parks and Wildlife Code; however, this Subchapter heading is amended in SECTION 1 of the C.S.H.B. 1964. In SECTION 2 of the committee substitute the definition of protected wildlife is amended to include only species indigenous to Texas. In addition, C.S.H.B. 1964 adds three new subsections to Section 43.022 that provide for situations in which a permit is not required. The committee substitute also expands language in Sec. 43.022 to provide that a permit may not be issued to propagate protected wildlife for rehabilitation or educational display. In H.B. 1964, Section 43.061, reference was made to Section 43.022. This reference is changed in the substitute to Section 43.0611. SUMMARY OF COMMITTEE ACTION H.B. 1964 was considered by the Committee on State Recreational Resources in a public hearing on April 19, 1995. The committee considered a complete substitute for the bill. The following persons testified neutrally on the bill: Steve Schwelling representing Texas Parks and Wildlife Department; Bryan Richards representing Texas Parks and Wildlife Department; Charles Hensley representing Texas Parks and Wildlife Department; and Harold Oates representing Texas Parks and Wildlife Department. The following person testified against the bill: Ellis Gilleland representing himself. The bill was left pending. H.B. 1964 was considered by the Committee on State Recreational Resources in a public hearing on April 26, 1995. The committee substitute was withdrawn. The committee considered a complete substitute for the bill. The following person testified neutrally on the bill: James Robertson representing Texas Parks and Wildlife Department. The substitute was adopted without objection. The following person testified against the bill: Ellis Gilleland representing himself. The bill was reported favorably as substituted, with the recommendation that it do pass and be printed, by a record vote of 7 ayes, 0 nays, 0 pnv, 2 absent.