By Oakley H.B. No. 1964
74R6696 MI-F
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. Section 43.021, Parks and Wildlife Code, is
1-7 amended to read as follows:
1-8 Sec. 43.021. Protected Wildlife. In this subchapter,
1-9 "protected wildlife" means all mammals <animals>, birds, reptiles,
1-10 amphibians, indigenous fish, and other indigenous aquatic life the
1-11 taking, collecting, holding, possession, <or> propagation, release,
1-12 display, or transport of which is governed by a provision of this
1-13 code other than this subchapter or by a commission rule adopted
1-14 under any provision of this code other than this subchapter <is
1-15 regulated by law or by the department> and includes endangered
1-16 species.
1-17 SECTION 2. Section 43.022, Parks and Wildlife Code, is
1-18 amended to read as follows:
1-19 Sec. 43.022. Permit REQUIREMENT <AUTHORIZED>. (a) No
1-20 person may take, collect, hold, possess, display, transport,
1-21 release, or propagate protected wildlife for the purposes of this
1-22 subchapter without a permit issued under this subchapter.
1-23 (b) The department may issue a permit to a qualified person
1-24 to take, collect, hold, possess, display, transport, release, or
2-1 propagate protected wildlife for scientific research, educational
2-2 display, zoological collection, or rehabilitation <propagation
2-3 purposes, zoological gardens, aquariums, rehabilitation purposes,
2-4 and scientific purposes>.
2-5 (c) The commission shall adopt rules to govern the taking,
2-6 collecting, holding, possession, propagation, release, display, or
2-7 transport of protected wildlife for scientific research,
2-8 educational display, zoological collection, or rehabilitation.
2-9 (d) The commission by rule may set fees for review of permit
2-10 applications, inspections, transportation and boarding of seized
2-11 animals, laboratory analysis, or other department actions necessary
2-12 for implementation of this subchapter.
2-13 (e) The commission by rule may exempt certain categories of
2-14 activities from the permitting and fee requirements of or
2-15 established under this subchapter if those activities are
2-16 determined to provide a public benefit and do not adversely affect
2-17 a protected wildlife resource.
2-18 (f) The commission may delegate the authority in this
2-19 subchapter other than the adoption of rules to the director.
2-20 SECTION 3. Section 43.024, Parks and Wildlife Code, is
2-21 amended to read as follows:
2-22 Sec. 43.024. DISPOSITION OF PROTECTED WILDLIFE <RESTRICTIONS
2-23 ON PERMITS>. (a) All protected wildlife taken and subsequently
2-24 held under this subchapter or rules adopted under this subchapter
2-25 remain the property of the state and shall be relinquished to the
2-26 department or an agent of the department on demand or otherwise
2-27 disposed of in a manner prescribed by the department.
3-1 (b) No permit may be issued for the taking or transportation
3-2 of any endangered fish or wildlife the possession, taking, or
3-3 transportation of which is prohibited by federal law.
3-4 <(b) The department may refuse to grant a permit for the
3-5 taking or transportation of endangered fish or wildlife from their
3-6 natural habitat for propagation for commercial purposes if the fish
3-7 or wildlife may be legally obtained from a source in this state
3-8 other than from their natural habitat.>
3-9 (c) A permit issued for the taking of migratory birds is not
3-10 valid unless the applicant has obtained a federal permit for the
3-11 taking of migratory birds.
3-12 <(d) No permit may be issued for the taking of alligators or
3-13 marine animals for display in an aquarium unless the aquarium is a
3-14 public or commercial organization or enterprise.>
3-15 SECTION 4. Subchapter C, Chapter 43, Parks and Wildlife
3-16 Code, is amended by adding Section 43.028 to read as follows:
3-17 Sec. 43.028. CIVIL SUIT; INJUNCTIVE RELIEF; COSTS. (a) The
3-18 department, on the approval of the director or commission, may
3-19 authorize the filing and prosecution of a civil suit to enforce
3-20 this subchapter or a rule adopted under this subchapter.
3-21 (b) On finding of a violation of this subchapter or a rule
3-22 adopted under this subchapter, a court may assess a civil penalty
3-23 in addition to providing injunctive relief. The penalty may not
3-24 exceed $1,000 for each violation. Each day of violation is a
3-25 separate offense. A civil suit filed under this subchapter is not
3-26 a bar to any criminal or administrative action.
3-27 (c) On entry of a judgment in favor of the department, the
4-1 court may award attorney's fees and court costs to the state.
4-2 (d) The commission by rule may delegate its authority under
4-3 this section to the director.
4-4 SECTION 5. Section 43.030, Parks and Wildlife Code, is
4-5 amended to read as follows:
4-6 Sec. 43.030. Penalty. A person who violates Section 43.022,
4-7 a commission rule, or the conditions of a permit <or a regulation
4-8 of the department> issued under this subchapter<, or who fails to
4-9 file a full and complete report as required by Section 43.029 of
4-10 this code,> commits an offense that is a Class C Parks and Wildlife
4-11 Code misdemeanor.
4-12 SECTION 6. Chapter 43, Parks and Wildlife Code, is amended
4-13 by amending the title of Subchapter E to read as follows:
4-14 SUBCHAPTER E. PERMITS FOR TRAPPING, TRANSPORTING, AND
4-15 TRANSPLANTING GAME ANIMALS AND GAME BIRDS
4-16 <PERMIT FOR CAPTURE OF INDIGENOUS GAME>
4-17 SECTION 7. Section 43.061, Parks and Wildlife Code, is
4-18 amended to read as follows:
4-19 Sec. 43.061. TRAPPING, TRANSPORTING, AND TRANSPLANTING GAME
4-20 ANIMALS AND GAME <INDIGENOUS MAMMALS AND> BIRDS; PERMIT REQUIRED.
4-21 (a) No person may capture, <or> transport, or transplant any game
4-22 animal <mammal> or game bird <captured> from the wild in <that is
4-23 indigenous to> this state unless that person <he> has obtained a
4-24 permit to trap, transport, and transplant from the department.
4-25 (b) The department may issue permits for trapping, <and>
4-26 transporting, and transplanting game animals <mammals> or game
4-27 birds from the wild to allow adjustments in game populations for
5-1 better wildlife management <that are indigenous to this state as a
5-2 means of better wildlife management by making adjustments in the
5-3 game population>. The permits may be issued only if recommended by
5-4 separate wildlife stocking plans approved by the department for
5-5 both the origin and the destination of the game animals or game
5-6 birds.
5-7 (c) The state is not liable for and may not incur any
5-8 expense for the trapping, transporting, and transplanting of game
5-9 animals and game birds under a permit issued under this section.
5-10 (d) A person receiving a permit under this section commits
5-11 an offense if that person does not comply with the conditions
5-12 listed on the permit, including conditions designed to minimize
5-13 stress and maximize the humane treatment of trapped or transplanted
5-14 animals and to minimize human health and safety risks.
5-15 (e) <(c)> This section does not apply to any game animals or
5-16 game birds that are possessed or propagated under a license or
5-17 permit issued for that activity under another section of this code
5-18 or to an activity conducted under a permit issued under Section
5-19 43.022 <privately owned or privately raised>.
5-20 (f) An application fee of $300 or an amount set by the
5-21 commission, whichever is more, shall be charged for the review and
5-22 processing of a permit application under this section.
5-23 (g) The commission shall adopt rules for the content of
5-24 wildlife stocking plans, certification of wildlife trappers, and
5-25 the trapping, transporting, and transplanting of game animals and
5-26 game birds under this subchapter.
5-27 SECTION 8. Subchapter E, Chapter 43, Parks and Wildlife
6-1 Code, is amended by adding Section 43.0611 to read as follows:
6-2 Sec. 43.0611. URBAN WHITE-TAILED DEER REMOVAL; PERMIT
6-3 REQUIRED. (a) The department may issue to an individual an urban
6-4 white-tailed deer removal permit for the trapping, transporting,
6-5 and transplanting of white-tailed deer if the individual shows to
6-6 the department's satisfaction that:
6-7 (1) there is an overpopulation of the deer in an area
6-8 where deer hunting is inadequate, because of human health or safety
6-9 concerns, for maintaining a balanced population of deer;
6-10 (2) the deer will be removed and transplanted to an
6-11 area of adaptable natural habitat capable of sustaining the
6-12 additional deer without exceeding the capacity of the habitat; and
6-13 (3) the deer will be subject to lawful hunting after
6-14 the relocation.
6-15 (b) The state is not liable for and may not incur any
6-16 expense for the trapping, transporting, and transplanting of
6-17 white-tailed deer under a permit issued under this section.
6-18 (c) The application fee for an urban white-tailed deer
6-19 removal permit is $300 or an amount set by the commission,
6-20 whichever is more. If the permit authorizes the applicant to
6-21 remove white-tailed deer only from property owned by a political
6-22 subdivision or institution of higher education of this state, the
6-23 applicant is exempt from the payment of the fee.
6-24 (d) A person holding a permit issued under this section
6-25 commits an offense if that person does not comply with conditions
6-26 listed on the permit, including conditions designed to minimize
6-27 stress and maximize the humane treatment of trapped or transplanted
7-1 animals and that minimize human health and safety risks.
7-2 (e) The department may establish times when only department
7-3 staff may trap, transport, or transplant deer under this section.
7-4 (f) Permits issued under this section do not entitle a
7-5 person to take, trap, or possess white-tailed deer on any privately
7-6 owned land without the landowner's written permission.
7-7 (g) The commission shall adopt rules for fees, applications,
7-8 and activities, including limitations on the times of the
7-9 activities, relating to permits for trapping, transporting, or
7-10 transplanting white-tailed deer.
7-11 SECTION 9. Subchapter B, Chapter 12, Parks and Wildlife
7-12 Code, is amended by adding Section 12.118 to read as follows:
7-13 Sec. 12.118. INJUNCTION TO PROHIBIT VIOLATIONS. (a) The
7-14 department, on the approval of the director or commission, may file
7-15 an application for an injunction to prohibit a continuing or
7-16 threatened violation of:
7-17 (1) this code; or
7-18 (2) an order or proclamation of the commission adopted
7-19 under this code.
7-20 (b) In a suit under this section the court may award costs
7-21 and reasonable attorney's fees to the state.
7-22 SECTION 10. Sections 43.023, 43.025, 43.026, 43.027,
7-23 43.0281, 43.029, and 63.007, Parks and Wildlife Code, are repealed.
7-24 SECTION 11. (a) As soon as practicable after the effective
7-25 date of this Act but not later than December 1, 1995, the Parks and
7-26 Wildlife Commission, in anticipation of the permitting program
7-27 established under Chapter 43, Parks and Wildlife Code, as amended
8-1 by this Act, shall adopt the rules necessary to implement that
8-2 program.
8-3 (b) A license or permit issued under Chapter 43, Parks and
8-4 Wildlife Code, before September 1, 1995, expires on December 1,
8-5 1995.
8-6 SECTION 12. (a) Except as provided by this section, this
8-7 Act takes effect September 1, 1995.
8-8 (b) Sections 1-9 of this Act take effect December 1, 1995.
8-9 SECTION 13. The importance of this legislation and the
8-10 crowded condition of the calendars in both houses create an
8-11 emergency and an imperative public necessity that the
8-12 constitutional rule requiring bills to be read on three several
8-13 days in each house be suspended, and this rule is hereby suspended.