BILL ANALYSIS C.S.H.B. 2130 By: Grusendorf April 5, 1995 Committee Report (Substituted) BACKGROUND Currently state law provides that the Attorney General or the county attorney of the county in which the violation occurred may bring a civil suit under the authority of Subchapter D, Chapter 12, Parks and Wildlife Code, in the name of the state to recover the value of each fish, shellfish, reptile, amphibian, bird, or animal unlawfully killed, caught, taken, possessed, or injured. PURPOSE H.B. 2130 will allow a private attorney who contracts with the Attorney General or the county attorney of the county where the violation occurred, in addition to the Attorney General or the county attorney, to bring a suit under the authority of Subchapter D, Chapter 12, Parks and Wildlife Code, in the name of the state to recover the value of wildlife resources unlawfully killed, caught, taken, possessed, or injured. In addition, this bill will specify that an attorney is exempt from paying a filing fee for bringing a civil suit under Subchapter (c). 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 Section 12.303, Parks and Wildlife Code, by amending Subsection (a) and (b) and adding Subsection (c) as follows: (a) Grants a private attorney who contracts with the Attorney General or a county attorney, to bring a civil suit under the authority of this subchapter, in the name of the state to recover the value of wildlife resources unlawfully killed, caught, taken, possessed, or injured. (b) Provides that a suit under this section shall be brought in the county in which the violation occurred. (c) Provides that a county attorney or a private attorney who contracts with the department is exempt from paying a filing fee. SECTION 2. Emergency clause. Effective date: upon passage. COMPARISON OF ORIGINAL TO SUBSTITUTE C.S.H.B. 2130 avoids any constitutional problems which might arise from having the Parks and Wildlife Department in charge of prosecuting individuals in violation of the Parks and Wildlife Code. This is accomplished by allowing the Attorney General or the county attorney of the county in which the violation takes place to contract with an attorney to prosecute such cases instead of having the Parks and Wildlife Department do so. The committee substitute eliminates any need to amend Subchapter D of the Parks and Wildlife Code. SUMMARY OF COMMITTEE ACTION H.B. 2130 was considered by the Committee on State Recreational Resources in a public hearing on April 5, 1995. The committee considered a complete substitute for the bill. The following persons testified neutrally on the bill: Boyd Kennedy representing Texas Parks and Wildlife Department; and Jack King representing Texas Parks and Wildlife Department. The substitute was adopted without objection. The bill was reported favorably as substituted, with the recommendation that it do pass and be printed, by a record vote of 6 ayes, 3 nays, 0 pnv, 0 absent.