BILL ANALYSIS
H.B. 1964
By: Oakley (Brown)
Natural Resources
05-17-95
Senate Committee Report (Amended)
BACKGROUND
Currently, the 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. However,
statutory conditions placed on these permits are difficult for
department staff to administer.
PURPOSE
As proposed, H.B. 1964 allows the Texas Parks and Wildlife
Commission to administer regulatory authority over scientific,
zoological, and rehabilitation permits and clarifies the conditions
for the private trapping and transplanting of game animals, game
birds, and white-tailed deer.
RULEMAKING AUTHORITY
It is the committee's opinion that rulemaking authority is granted
to the Texas Parks and Wildlife Commission under SECTION 3 (Sec.
43.022(f), (g), and (h), Parks and Wildlife Code) SECTION 8 (Sec.
43.061(f) and (g), Parks and Wildlife Code) and SECTION 9 (Sec.
43.0611(c) and (g), Parks and Wildlife Code) of this bill.
SECTION BY SECTION ANALYSIS
SECTION 1. Amends the heading to Chapter 43C, Parks and Wildlife
Code, as follows:
SUBCHAPTER C. PERMITS FOR SCIENTIFIC RESEARCH, ZOOLOGICAL
COLLECTION, REHABILITATION, AND EDUCATIONAL DISPLAY
SECTION 2. Amends Section 43.021, Parks and Wildlife Code, to
redefine "protected wildlife."
SECTION 3. Amends Section 43.022, Parks and Wildlife Code, as
follows:
Sec. 43.022. New heading: PERMIT REQUIREMENT. (a) Provides
that no person may collect, hold, possess, display, transport,
release, or propagate protected wildlife for the purposes of
this subchapter without a permit issued under this subchapter.
(b) Provides that a permit under this subchapter is not
required for an activity that may be lawfully conducted
under the authority of another license or permit issued
under this code or in accordance with another provision of
this code.
(c) Provides that no other license is required for an
activity conducted under the authority of a permit issued
under this subchapter.
(d) Provides that a permit under this subchapter is not
required to hold, transport, propagate, or display a marine
mammal held under the authority of 16 U.S.C. Section 1361 et
seq. (federal Marine Mammal Protection Act) unless the
marine mammal is a marine mammal for which the Texas Parks
and Wildlife Department (department) has been delegated
management authority under Section 1379, 16 U.S.C. Section
1379; or is listed under 16 U.S.C. Section 1531 et seq.
(federal Endangered Species Act).
(e) Authorizes the department to issue a permit to a
qualified person to collect, hold, possess, display,
transport, release, or propagate protected wildlife for
scientific research, educational display, zoological
collection, or rehabilitation. Prohibits a permit from being
issued to propagate protected wildlife for rehabilitation or
educational display. Deletes the authorization of the
department to issue a permit to a qualified person to take
protected wildlife for propagation purposes, zoological
gardens, aquariums, rehabilitation purposes, and scientific
purposes.
(f) Requires the Texas Parks and Wildlife Commission
(commission) to adopt rules to govern the collecting,
holding, possession, propagation, release, display, or
transport of protected wildlife for scientific research,
educational display, zoological collection, or
rehabilitation.
(g) Authorizes the commission, by rule, to set fees for
review of permit applications, inspections, transportation,
and boarding of seized animals, laboratory analysis, or
other department actions necessary for implementation of
this subchapter.
(h) Authorizes the commission, by rule, to exempt certain
categories of activities from the permitting and fee
requirements of or established under this subchapter if
those activities are determined to provide a public benefit
and do not adversely affect a protected wildlife resource.
(i) Authorizes a permit authorized by this subchapter to be
issued by the director or a designee.
SECTION 4. Amends Section 43.024, Parks and Wildlife Code, as
follows:
Sec. 43.024. New heading: DISPOSITION OF PROTECTED WILDLIFE.
(a) Provides that all protected wildlife collected and
subsequently held under this subchapter or rules adopted under
this subchapter remain the property of the state and shall be
relinquished to the department on demand or otherwise disposed
of in a manner prescribed by the department.
(b) Redesignates existing Subsection (a). Deletes existing
Subsection (b).
(c) Makes no change. Deletes existing Subsection (d).
SECTION 5. Amends Chapter 43C, Parks and Wildlife Code, by adding
Section 43.028, as follows:
Sec. 43.028. CIVIL SUIT; INJUNCTIVE RELIEF; COSTS. (a)
Authorizes the department, on the approval of the director or
commission, to authorize the filing and prosecution of a civil
suit to enforce this subchapter or a rule adopted under this
subchapter.
(b) Authorizes a court, on finding of a violation of this
subchapter or a rule adopted under this subchapter, to
assess a civil penalty in addition to providing injunctive
relief. Prohibits the penalty from exceeding $1,000 for each
violation. Provides that each day of violation is a separate
offense. Provides that a civil suit filed under this
subchapter is not a bar to any criminal or administrative
action.
(c) Authorizes the court, on entry of a judgment in favor of
the department, to award attorney's fees and court costs to
the state.
SECTION 6. Amends Section 43.030, Parks and Wildlife Code, as
follows:
Sec. 43.030. PENALTY. Provides that a person who violates
Section 43.022, a commission rule, or the conditions of a
permit, rather than a regulation of the department, issued
under this subchapter commits an offense that is a Class C
Parks and Wildlife Code misdemeanor. Deletes the provision
that a person who fails to file a full and complete report as
required by Section 43.029 of this code, commits an offense.
SECTION 7. Amends Chapter 43, Parks and Wildlife Code, by amending
the title of Subchapter E, as follows:
SUBCHAPTER E. PERMITS FOR TRAPPING, TRANSPORTING, AND
TRANSPLANTING GAME ANIMALS AND GAME BIRDS
SECTION 8. Amends Section 43.061, Parks and Wildlife Code, as
follows:
Sec. 43.061. New heading: TRAPPING, TRANSPORTING, AND
TRANSPLANTING GAME ANIMALS AND GAME BIRDS; PERMIT REQUIRED.
(a) Provides that no person may capture, transport, or
transplant any game animal or game bird from the wild in this
state unless that person has obtained a permit to trap,
transport, and transplant from the department. Makes
nonsubstantive changes.
(b) Authorizes the department to issue permits for trapping,
transporting, and transplanting game animals or game birds
from the wild, rather than indigenous to this state as a
means of better wildlife management by making adjustments in
the game population, to allow adjustments in game
populations for better wildlife management. Authorizes the
permits to be issued only if recommended by separate
wildlife stocking plans approved by the department for both
the origin and the destination of the game animals or game
birds.
(c) Provides that the state is not liable for and may not
incur any expense for the trapping, transporting, and
transplanting of game animals and game birds under a permit
issued under this section.
(d) Provides that a person receiving a permit under this
section commits an offense if that person does not comply
with the conditions listed on the permit, including
conditions designed to minimize stress and maximize the
humane treatment of trapped or transplanted animals and to
minimize human health and safety risks.
(e) Provides that this section does not apply to any game
animals or game birds that are possessed or propagated under
a license or permit issued for that activity under another
section of this code or to an activity conducted under a
permit issued under Section 43.0611, rather than privately
owned or raised.
(f) Authorizes the commission, by rule, to set fees for
review of permit applications or other department actions
necessary to implement this section. Provides that if the
permit authorizes the applicant to trap, transport, and
transplant squirrels that are causing damage to personal
property, the applicant is exempt from the payment of the
fee.
(g) Requires the commission to adopt rules for the content
of wildlife stocking plans, certification of wildlife
trappers, and the trapping, transporting, and transplanting
of game animals and game birds under this subchapter.
SECTION 9. Amends Chapter 43E, Parks and Wildlife Code, by adding
Section 43.0611, as follows:
Sec. 43.0611. URBAN WHITE-TAILED DEER REMOVAL; PERMIT
REQUIRED. (a) Sets forth conditions under which the department
may issue to an individual an urban white-tailed deer removal
permit for the trapping, transporting, and transplanting of
white-tailed deer.
(b) Provides that the state is not liable for and may not
incur any expense for the trapping, transporting, and
transplanting of white-tailed deer under a permit issued
under this section.
(c) Authorizes the commission, by rule, to set fees for
review of permit applications or other department actions
necessary to implement this section. Provides that if the
permit authorizes the applicant to remove white-tailed deer
only from property owned by a political subdivision or
institution of higher education of this state, the applicant
is exempt from the payment of the fee.
(d) Provides that a person holding a permit under this
section commits an offense if that person does not comply
with conditions listed on the permit.
(e) Authorizes the department to establish times when only
department staff may trap, transport, or transplant deer
under this section.
(f) Provides that permits issued under this section do not
entitle a person to take, trap, or possess white-tailed deer
on any privately owned land without the landowner's written
permission.
(g) Requires the commission to adopt rules for fees,
applications, and activities relating to permits for
trapping, transporting, or transplanting white-tailed deer.
SECTION 10. Repealer: Sections 43.023 (Permit is Defense),
43.025 (Application), 43.026 (Conditions of Permit; Expiration),
43.027 (Regulations), 43.0281 (Fees), 43.029 (Reports), and 63.007
(White-Tailed Deer Permits), Parks and Wildlife Code.
SECTION 11. (a) Requires the Parks and Wildlife Commission, no
later than December 1, 1995, in anticipation of the permitting
program established under Chapter 43, Parks and Wildlife Code, to
adopt the rules necessary to implement that program.
(b) Provides that a license or permit issued under Chapter 43,
Parks and Wildlife Code, before September 1, 1995, expires on
December 1, 1995.
SECTION 12. (a) Effective date: September 1, 1995, except as
provided by this section.
(b) Provides that Sections 1-9 of this Act take effect
December 1, 1995.
SECTION 13. Emergency clause.