BILL ANALYSIS
C.S.S.B. 1106
By: Sims
Natural Resources
04-18-95
Committee Report (Substituted)
BACKGROUND
The Parks and Wildlife Code authorizes the Parks and Wildlife
Department to institute wildlife management activities relating to
regulating hunting, selling, and purchasing wildlife. The code
also requires the Parks and Wildlife Commission to agree upon
federally mandated season and bag limits for migratory birds.
PURPOSE
As proposed, C.S.S.B. 1106 amends regulation by the Parks and
Wildlife Department and the Parks and Wildlife Commission of
hunting, selling, and purchasing of wildlife; amends the
commission's authority to institute wildlife management programs on
federal parks and land owned by the Lower Colorado River Authority.
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 to Chapter 23D, Parks and Wildlife
Code, as follows:
SUBCHAPTER D. NATIONAL FORESTS
SECTION 2. Amends Section 23.041, Parks and Wildlife Code, to
authorize the Parks and Wildlife Department (department) to agree
to develop department management plans and agreements with the
United States Forest Service for the protection and management of
wildlife resources and for restocking desirable species of wildlife
on national forest lands in this state. Deletes language relating
to protecting, managing, and restocking wildlife in portions of
Davy Crockett National Forest. Deletes existing Subsection (b)
prohibiting an agreement from covering more than 40,000 acres at
one time during a five-year period.
SECTION 3. Amends Section 23.043, Parks and Wildlife Code, to
authorize the Parks and Wildlife Commission (commission) to
promulgate regulations applicable to wildlife management on federal
lands as part of a wildlife management agreement, rather than
applicable to the Davy Crockett National Forest.
SECTION 4. Amends Section 23.044, Parks and Wildlife Code, to
provide that any person violates a commission rule or regulation or
who hunts or fishes on federal lands included in a wildlife
management agreement at any time other than open season commits
Class C Parks and Wildlife Code misdemeanor.
SECTION 5. Amends Chapter 43, Parks and Wildlife Code, by adding
Subchapter R, as follows:
SUBCHAPTER R. PERMITS TO TAKE PROTECTED CARNIVOROUS ANIMALS
Sec. 43.601. APPLICATION FOR PERMIT. (a) Authorizes the
owner or a person in control of a tract of land to file with
the department an application for a permit validating the
taking of a carnivorous mammal (mammal) listed with the
secretary of state that was a threat to livestock on that land
and that was taken on that land without a permit.
(b) Requires the application to be in writing and to contain
an affidavit by a person with knowledge that the mammal
taken killed or injured or attempted to kill or injure
livestock on the land owned or in control of the person
applying for the permit.
Sec. 43.602. PERMIT. Requires the department, not later
than 24 hours after the department receives a permit
application, to issue a permit validating the taking of the
mammal described in the affidavit submitted with the
application.
SECTION 6. Amends Section 49.001, Parks and Wildlife Code, by
adding Subdivisions (3) and (4), to define "falconry" and "raptor."
SECTION 7. Amends Section 49.002(a), Parks and Wildlife Code, to
prohibit any person from taking, capturing, or possessing, or
attempting to take, capture, or possess any native raptors unless
that person has obtained a permit except as provided in Subsection
49.010(b) or Subsection (b) of this section.
SECTION 8. Amends Section 49.010, Parks and Wildlife Code, as
follows:
Sec. 49.010. HUNTING. (a) Created from existing text.
(b) Authorizes a nonresident person who possesses certain
falconry permits to practice falconry and hunt native and
unprotected species of wildlife during the open season if
the person obtains a nonresident hunting license or a
nonresident five-day hunting license issued under Chapter
42.
SECTION 9. Amends Section 49.014, Parks and Wildlife Code, to
authorize the department to prescribe reporting requirements and
procedures, rather than annual reporting requirements and
procedures, among other powers and duties.
SECTION 10. Amends Section 61.057(b), Parks and Wildlife Code,
to authorize a permit to be distributed by the department only to,
rather than or by, the owner or other person in charge of a tract
of land where hunting is authorized, instead of authorized and
subject to an agreement under Section 61.056.
SECTION 11. Amends Section 62.021, Parks and Wildlife Code, by
amending Subsections (a), (c), and (d) and adding Subsection (e),
as follows:
(a) Prohibits a person from selling or purchasing a wild or
game animal, dead or alive, or part of the animal except as
provided by Subsections (c)-(e). Makes nonsubstantive
changes.
(c) Authorizes a person to sell the hide, antlers, bones,
hooves, sinew, and other inedible parts of a deer or elk.
Deletes language providing that Subsection (a) does not apply
to deer hides.
(d) Provides that this section does not prohibit the sale of
an edible portion of an elk taken or raised in captivity in a
county where elk is defined as a game animal. Deletes
language requiring the commission to regulate the sale and
purchase of deer antlers.
(e) Provides that this section does not prohibit the sale of
live white-tailed deer, mule deer, or other game animal if the
sale is conducted under authority of a license or permit.
SECTION 12. Amends Section 62.082, Parks and Wildlife Code, as
follows:
Sec. 62.082. New heading: TARGET RANGES AND MANAGED HUNTS.
(a) Deletes language authorizing the leased land to be used
for a target rifle or archery range only and not for hunting.
(b) Makes no change.
(c) Authorizes the board of directors of the Lower Colorado
River Authority (LCRA) to authorize hunting by legal means
on LCRA land in a manner consistent with biological
management practices used to protect or use wildlife
resources.
(d) Provides that Section 62.081 does not apply to an LCRA
employee, a person authorized to hunt under Subsection (c),
or a peace officer acting within the person's scope of
employment or duties.
SECTION 13. Amends Section 64.022, Parks and Wildlife Code, as
follows:
Sec. 64.022. AUTHORITY OF DEPARTMENT. (a) Makes a
nonsubstantive change.
(b) Authorizes the commission to delegate the department's
authority under Subsection (a) to the executive director of
the parks and wildlife department.
SECTION 14. (1) Repealer: Chapter 23E, Parks and Wildlife Code
(Sabine National Forest).
(2) Repealer: Section 49.008, Parks and Wildlife Code
(Nonresident Falconer's Permit).
(3) Repealer: Section 61.056, Parks and Wildlife Code
(Proclamations Concerning Certain Deer, Antelope, and Elk).
SECTION 15. Effective date: September 1, 1995.
Makes application of this Act prospective.
SECTION 16. Emergency clause.