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.