BILL ANALYSIS
S.B. 329
By: Sims (Turner, B.)
April 12, 1995
Committee Report (Unamended)
BACKGROUND
Current law authorizes the Parks and Wildlife Department to issue
permits allowing the use of aircraft to control depredating animals
and manage wildlife. The management permit allows the use of
certain aircraft for counting, photographing, relocating, and
capturing wildlife, and the depredation permit allows the use of an
aircraft for hunting certain animals. A person cannot conduct
activities under both permits simultaneously.
PURPOSE
As proposed, S.B. 329 amends the permit process to manage wildlife
and exotic animals from aircraft by consolidating the wildlife
management permit and the depredation animal control permit into
one permit; amends the penalties for offenses.
RULEMAKING AUTHORITY
It is the committee's opinion that this bill does not grant any
additional rulemaking authority to a state officer, institution, or
agency.
SECTION BY SECTION ANALYSIS
SECTION 1. Amends the heading of Chapter 43G, Parks and Wildlife
Code, as follows:
SUBCHAPTER G. New title: PERMITS TO MANAGE WILDLIFE AND EXOTIC
ANIMALS FROM AIRCRAFT
SECTION 2. Amends Section 43.102, Parks and Wildlife Code, to
authorize the Parks and Wildlife Department (department) to issue
permits to use aircraft for the management of wildlife and exotic
animals, rather than control of depredating animals.
SECTION 3. Amends Section 43.103, Parks and Wildlife Code, to
define "aircraft," "depredating animals," "exotic animals,"
"harass," "management," and "wildlife."
SECTION 4. Amends Section 43.104, Parks and Wildlife Code, to make
a conforming change. Deletes existing Subsection (b).
SECTION 5. Amends Section 43.105, Parks and Wildlife Code, as
follows:
(a) Makes a conforming change.
(b) Requires a permit holder to submit a landholder's
authorization to manage wildlife or exotic animals to the
department identifying the land to be managed and stating the
kind and number of wildlife or exotic animals to be managed.
Authorizes the landowner's authorization to be submitted by a
group of landowners, or by an association on the landowners'
behalf.
SECTION 6. Amends Section 43.106, Parks and Wildlife Code, as
follows:
Sec. 43.106. FORM AND PERIOD OF VALIDITY OF PERMIT; RENEWAL.
(a) Requires the department to prescribe the guidelines for
issuance, validity, and renewal of permits and landowner's
authorizations authorized by this chapter.
(b) Authorizes a landowner's authorization for the
management of wildlife or exotic animals, by aircraft in
which permission to hunt the animals is sought, to be
approved only for hunting depredating or exotic animals.
Authorizes a landowner agreement application to manage
wildlife to be approved by the department for the time
period required to complete the management activity but not
less than one year. Deletes existing Subsections (b)-(d).
SECTION 7. Amends Section 43.107, Parks and Wildlife Code, as
follows:
Sec. 43.107. REPORTS REQUIRED. (a) Requires a holder of a
permit under this subchapter to report to the department in
the time and manner required by the Parks and Wildlife
Commission (commission) proclamation. Deletes existing
Subdivisions (1)-(5).
(b) Authorizes an offense under this section to be
prosecuted in the county in which the defendant resides or
where the offense took place.
SECTION 8. Amends Section 43.109, Parks and Wildlife Code, to make
conforming changes.
SECTION 9. Amends Section 43.1095, Parks and Wildlife Code, as
follows:
Sec. 43.1095. PROHIBITED ACTS. (a) Provides that a person
commits an offense if the person uses an aircraft to manage
wildlife or exotic animals without first obtaining a permit
and a land owner's authorization for management of the animals
by aircraft. Makes conforming changes. Deletes existing
subdivisions (2) and (3).
(b) Makes conforming changes.
(c) Provides that nothing in this section authorizes a
person to hunt an animal or bird from an aircraft for sport.
SECTION 10. Amends Section 43.110, Parks and Wildlife Code, to
provide that the permit fee authorizing the management of wildlife
and exotic animals by the use of aircraft is $200 or an amount set
by the commissioner, not to exceed $200.
SECTION 11. Amends Section 43.111, Parks and Wildlife Code, as
follows:
Sec. 43.111. PENALTY. (a) Makes a conforming change.
(b) Provides that a person who violates Section 43.107
commits a Class C Parks and Wildlife Code misdemeanor
offense.
(c) Requires a defendant convicted of a Class A Parks and
Wildlife Code misdemeanor under this subchapter within 10
years preceding the trial date to be punished for a Parks
and Wildlife Code felony. Prohibits this section from
applying if the previous conviction was for a violation
under Section 43.107.
SECTION 12. Amends Sections 62.015(a), and (d)-(g), Parks and
Wildlife Code, as follows:
(a) Defines "exotic animal."
(d)-(f) Make conforming changes.
(g) Provides that a person who violates this section commits
a Class A Parks and Wildlife Code misdemeanor offense.
SECTION 13. Makes application of this Act prospective.
SECTION 14. Effective date: September 1, 1995.
SECTION 15. Emergency clause.
SUMMARY OF COMMITTEE ACTION
S.B. 329 was considered by the Committee on State Recreational
Resources in a public hearing on April 12, 1995.
The following person testified against the bill:
Ellis Gilleland representing himself.
The following person testified neutrally on the bill:
David Sinclair representing Texas Parks and Wildlife
Department.
The bill was reported favorably without amendment with the
recommendation that it do pass and be printed, by a record vote of
7 ayes, 0 nays, 0 pnv, 2 absent.