By Oakley H.B. No. 1964
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the issuance of permits by the Parks and Wildlife
1-3 Department for the conservation, protection, and management of
1-4 certain wildlife resources; providing penalties.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. The heading to Subchapter C, Chapter 43, Parks
1-7 and Wildlife Code, is amended to read as follows:
1-8 SUBCHAPTER C. PERMITS FOR SCIENTIFIC RESEARCH, ZOOLOGICAL
1-9 COLLECTION, REHABILITATION, AND EDUCATIONAL DISPLAY
1-10 <PROPAGATION PURPOSES>
1-11 SECTION 2. Section 43.021, Parks and Wildlife Code, is
1-12 amended to read as follows:
1-13 Sec. 43.021. Protected Wildlife. In this subchapter,
1-14 "protected wildlife" means all indigenous mammals <animals>,
1-15 indigenous birds, indigenous reptiles, indigenous amphibians,
1-16 indigenous fish, and other indigenous aquatic life the taking,
1-17 collecting, holding, possession, <or> propagation, release,
1-18 display, or transport of which is governed by a provision of this
1-19 code other than this subchapter or by a commission rule adopted
1-20 under any provision of this code other than this subchapter <is
1-21 regulated by law or by the department> and includes endangered
1-22 species.
1-23 SECTION 3. Section 43.022, Parks and Wildlife Code, is
1-24 amended to read as follows:
2-1 Sec. 43.022. Permit REQUIREMENT <AUTHORIZED>. (a) No
2-2 person may collect, hold, possess, display, transport, release, or
2-3 propagate protected wildlife for the purposes of this subchapter
2-4 without a permit issued under this subchapter.
2-5 (b) A permit under this subchapter is not required for an
2-6 activity that may be lawfully conducted under the authority of
2-7 another license or permit issued under this code or in accordance
2-8 with another provision of this code.
2-9 (c) No other license is required for an activity conducted
2-10 under the authority of a permit issued under this subchapter.
2-11 (d) A permit under this subchapter is not required to hold,
2-12 transport, propagate, or display a marine mammal held under the
2-13 authority of the federal Marine Mammal Protection Act (16 U.S.C.
2-14 Section 1361 et seq.) unless the marine mammal is:
2-15 (1) a marine mammal for which the department has been
2-16 delegated management authority under Section 1379 of the Marine
2-17 Mammal Protection Act (16 U.S.C. Section 1379); or
2-18 (2) a marine mammal listed under the federal
2-19 Endangered Species Act (16 U.S.C. Section 1531 et seq.).
2-20 (e) The department may issue a permit to a qualified person
2-21 to collect, hold, possess, display, transport, release, or
2-22 propagate <take> protected wildlife for scientific research,
2-23 educational display, zoological collection, or rehabilitation. A
2-24 permit may not be issued to propagate protected wildlife for
2-25 rehabilitation or educational display <propagation purposes,
2-26 zoological gardens, aquariums, rehabilitation purposes, and
2-27 scientific purposes>.
3-1 (f) The commission shall adopt rules to govern the
3-2 collecting, holding, possession, propagation, release, display, or
3-3 transport of protected wildlife for scientific research,
3-4 educational display, zoological collection, or rehabilitation.
3-5 (g) The commission by rule may set fees for review of permit
3-6 applications, inspections, transportation and boarding of seized
3-7 animals, laboratory analysis, or other department actions necessary
3-8 for implementation of this subchapter.
3-9 (h) The commission by rule may exempt certain categories of
3-10 activities from the permitting and fee requirements of or
3-11 established under this subchapter if those activities are
3-12 determined to provide a public benefit and do not adversely affect
3-13 a protected wildlife resource.
3-14 (i) A permit authorized by this subchapter may be issued by
3-15 the director or the director's designee.
3-16 SECTION 4. Section 43.024, Parks and Wildlife Code, is
3-17 amended to read as follows:
3-18 Sec. 43.024. DISPOSITION OF PROTECTED WILDLIFE <RESTRICTIONS
3-19 ON PERMITS>. (a) All protected wildlife collected and
3-20 subsequently held under this subchapter or rules adopted under this
3-21 subchapter remain the property of the state and shall be
3-22 relinquished to the department or an agent of the department on
3-23 demand or otherwise disposed of in a manner prescribed by the
3-24 department.
3-25 (b) No permit may be issued for the taking or transportation
3-26 of any endangered fish or wildlife the possession, taking, or
3-27 transportation of which is prohibited by federal law.
4-1 <(b) The department may refuse to grant a permit for the
4-2 taking or transportation of endangered fish or wildlife from their
4-3 natural habitat for propagation for commercial purposes if the fish
4-4 or wildlife may be legally obtained from a source in this state
4-5 other than from their natural habitat.>
4-6 (c) A permit issued for the taking of migratory birds is not
4-7 valid unless the applicant has obtained a federal permit for the
4-8 taking of migratory birds.
4-9 <(d) No permit may be issued for the taking of alligators or
4-10 marine animals for display in an aquarium unless the aquarium is a
4-11 public or commercial organization or enterprise.>
4-12 SECTION 5. Subchapter C, Chapter 43, Parks and Wildlife
4-13 Code, is amended by adding Section 43.028 to read as follows:
4-14 Sec. 43.028. CIVIL SUIT; INJUNCTIVE RELIEF; COSTS. (a) The
4-15 department, on the approval of the director or commission, may
4-16 authorize the filing and prosecution of a civil suit to enforce
4-17 this subchapter or a rule adopted under this subchapter.
4-18 (b) On finding of a violation of this subchapter or a rule
4-19 adopted under this subchapter, a court may assess a civil penalty
4-20 in addition to providing injunctive relief. The penalty may not
4-21 exceed $1,000 for each violation. Each day of violation is a
4-22 separate offense. A civil suit filed under this subchapter is not
4-23 a bar to any criminal or administrative action.
4-24 (c) On entry of a judgment in favor of the department, the
4-25 court may award attorney's fees and court costs to the state.
4-26 SECTION 6. Section 43.030, Parks and Wildlife Code, is
4-27 amended to read as follows:
5-1 Sec. 43.030. Penalty. A person who violates Section 43.022,
5-2 a commission rule, or the conditions of a permit <or a regulation
5-3 of the department> issued under this subchapter<, or who fails to
5-4 file a full and complete report as required by Section 43.029 of
5-5 this code,> commits an offense that is a Class C Parks and Wildlife
5-6 Code misdemeanor.
5-7 SECTION 7. Chapter 43, Parks and Wildlife Code, is amended
5-8 by amending the title of Subchapter E to read as follows:
5-9 SUBCHAPTER E. PERMITS FOR TRAPPING, TRANSPORTING, AND
5-10 TRANSPLANTING GAME ANIMALS AND GAME BIRDS
5-11 <PERMIT FOR CAPTURE OF INDIGENOUS GAME>
5-12 SECTION 8. Section 43.061, Parks and Wildlife Code, is
5-13 amended to read as follows:
5-14 Sec. 43.061. TRAPPING, TRANSPORTING, AND TRANSPLANTING GAME
5-15 ANIMALS AND GAME <INDIGENOUS MAMMALS AND> BIRDS; PERMIT REQUIRED.
5-16 (a) No person may capture, <or> transport, or transplant any game
5-17 animal <mammal> or game bird <captured> from the wild in <that is
5-18 indigenous to> this state unless that person <he> has obtained a
5-19 permit to trap, transport, and transplant from the department.
5-20 (b) The department may issue permits for trapping, <and>
5-21 transporting, and transplanting game animals <mammals> or game
5-22 birds from the wild to allow adjustments in game populations for
5-23 better wildlife management <that are indigenous to this state as a
5-24 means of better wildlife management by making adjustments in the
5-25 game population>. The permits may be issued only if recommended by
5-26 separate wildlife stocking plans approved by the department for
5-27 both the origin and the destination of the game animals or game
6-1 birds.
6-2 (c) The state is not liable for and may not incur any
6-3 expense for the trapping, transporting, and transplanting of game
6-4 animals and game birds under a permit issued under this section.
6-5 (d) A person receiving a permit under this section commits
6-6 an offense if that person does not comply with the conditions
6-7 listed on the permit, including conditions designed to minimize
6-8 stress and maximize the humane treatment of trapped or transplanted
6-9 animals and to minimize human health and safety risks.
6-10 (e) <(c)> This section does not apply to any game animals or
6-11 game birds that are possessed or propagated under a license or
6-12 permit issued for that activity under another section of this code
6-13 or to an activity conducted under a permit issued under Section
6-14 43.0611 <privately owned or privately raised>.
6-15 (f) The commission by rule may set fees for review of permit
6-16 applications or other department actions necessary to implement
6-17 this section. If the permit authorizes the applicant to trap,
6-18 transport, and transplant squirrels that are causing damage to
6-19 personal property, the applicant is exempt from the payment of the
6-20 fee.
6-21 (g) The commission shall adopt rules for the content of
6-22 wildlife stocking plans, certification of wildlife trappers, and
6-23 the trapping, transporting, and transplanting of game animals and
6-24 game birds under this subchapter.
6-25 SECTION 9. Subchapter E, Chapter 43, Parks and Wildlife
6-26 Code, is amended by adding Section 43.0611 to read as follows:
6-27 Sec. 43.0611. URBAN WHITE-TAILED DEER REMOVAL; PERMIT
7-1 REQUIRED. (a) The department may issue to an individual an urban
7-2 white-tailed deer removal permit for the trapping, transporting,
7-3 and transplanting of white-tailed deer if the individual shows to
7-4 the department's satisfaction that:
7-5 (1) there is an overpopulation of the deer in an area
7-6 where deer hunting is inadequate, because of human health or safety
7-7 concerns, for maintaining a balanced population of deer;
7-8 (2) the deer will be removed and transplanted to an
7-9 area of adaptable natural habitat capable of sustaining the
7-10 additional deer without exceeding the capacity of the habitat; and
7-11 (3) the deer will be subject to lawful hunting after
7-12 the relocation.
7-13 (b) The state is not liable for and may not incur any
7-14 expense for the trapping, transporting, and transplanting of
7-15 white-tailed deer under a permit issued under this section.
7-16 (c) The commission by rule may set fees for review of permit
7-17 applications or other department actions necessary to implement
7-18 this section. If the permit authorizes the applicant to remove
7-19 white-tailed deer only from property owned by a political
7-20 subdivision or institution of higher education of this state, the
7-21 applicant is exempt from the payment of the fee.
7-22 (d) A person holding a permit issued under this section
7-23 commits an offense if that person does not comply with conditions
7-24 listed on the permit, including conditions designed to minimize
7-25 stress and maximize the humane treatment of trapped or transplanted
7-26 animals and that minimize human health and safety risks.
7-27 (e) The department may establish times when only department
8-1 staff may trap, transport, or transplant deer under this section.
8-2 (f) Permits issued under this section do not entitle a
8-3 person to take, trap, or possess white-tailed deer on any privately
8-4 owned land without the landowner's written permission.
8-5 (g) The commission shall adopt rules for fees, applications,
8-6 and activities, including limitations on the times of the
8-7 activities, relating to permits for trapping, transporting, or
8-8 transplanting white-tailed deer.
8-9 SECTION 10. Chapter 68, Parks and Wildlife Code, is amended
8-10 by adding Section 68.022 to read as follows:
8-11 Sec. 68.022. PROPAGATION BY DEPARTMENT. The department
8-12 shall work cooperatively with state and federal agencies to develop
8-13 a program for the captive propagation of aquatic endangered species
8-14 by the department.
8-15 SECTION 11. Sections 43.023, 43.025, 43.026, 43.027,
8-16 43.0281, 43.029, and 63.007, Parks and Wildlife Code, are repealed.
8-17 SECTION 12. (a) As soon as practicable after the effective
8-18 date of this Act but not later than December 1, 1995, the Parks and
8-19 Wildlife Commission, in anticipation of the permitting program
8-20 established under Chapter 43, Parks and Wildlife Code, as amended
8-21 by this Act, shall adopt the rules necessary to implement that
8-22 program.
8-23 (b) A license or permit issued under Chapter 43, Parks and
8-24 Wildlife Code, before September 1, 1995, expires on December 1,
8-25 1995.
8-26 SECTION 13. (a) Except as provided by this section, this
8-27 Act takes effect September 1, 1995.
9-1 (b) Sections 1-9 of this Act take effect December 1, 1995.
9-2 SECTION 14. The importance of this legislation and the
9-3 crowded condition of the calendars in both houses create an
9-4 emergency and an imperative public necessity that the
9-5 constitutional rule requiring bills to be read on three several
9-6 days in each house be suspended, and this rule is hereby suspended.