1-1 By: Oakley (Senate Sponsor - Brown) H.B. No. 1964
1-2 (In the Senate - Received from the House May 11, 1995;
1-3 May 12, 1995, read first time and referred to Committee on Natural
1-4 Resources; May 17, 1995, reported favorably, as amended, by the
1-5 following vote: Yeas 10, Nays 0; May 17, 1995, sent to printer.)
1-6 COMMITTEE AMENDMENT NO. 1 By: Brown
1-7 Amend H.B. No. 1964 by striking SECTION 10.
1-8 A BILL TO BE ENTITLED
1-9 AN ACT
1-10 relating to the issuance of permits by the Parks and Wildlife
1-11 Department for the conservation, protection, and management of
1-12 certain wildlife resources; providing penalties.
1-13 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-14 SECTION 1. The heading to Subchapter C, Chapter 43, Parks
1-15 and Wildlife Code, is amended to read as follows:
1-16 SUBCHAPTER C. PERMITS FOR SCIENTIFIC RESEARCH, ZOOLOGICAL
1-17 COLLECTION, REHABILITATION, AND EDUCATIONAL DISPLAY
1-18 <PROPAGATION PURPOSES>
1-19 SECTION 2. Section 43.021, Parks and Wildlife Code, is
1-20 amended to read as follows:
1-21 Sec. 43.021. Protected Wildlife. In this subchapter,
1-22 "protected wildlife" means all indigenous mammals <animals>,
1-23 indigenous birds, indigenous reptiles, indigenous amphibians,
1-24 indigenous fish, and other indigenous aquatic life the taking,
1-25 collecting, holding, possession, <or> propagation, release,
1-26 display, or transport of which is governed by a provision of this
1-27 code other than this subchapter or by a commission rule adopted
1-28 under any provision of this code other than this subchapter <is
1-29 regulated by law or by the department> and includes endangered
1-30 species.
1-31 SECTION 3. Section 43.022, Parks and Wildlife Code, is
1-32 amended to read as follows:
1-33 Sec. 43.022. Permit REQUIREMENT <AUTHORIZED>. (a) No
1-34 person may collect, hold, possess, display, transport, release, or
1-35 propagate protected wildlife for the purposes of this subchapter
1-36 without a permit issued under this subchapter.
1-37 (b) A permit under this subchapter is not required for an
1-38 activity that may be lawfully conducted under the authority of
1-39 another license or permit issued under this code or in accordance
1-40 with another provision of this code.
1-41 (c) No other license is required for an activity conducted
1-42 under the authority of a permit issued under this subchapter.
1-43 (d) A permit under this subchapter is not required to hold,
1-44 transport, propagate, or display a marine mammal held under the
1-45 authority of the federal Marine Mammal Protection Act (16 U.S.C.
1-46 Section 1361 et seq.) unless the marine mammal is:
1-47 (1) a marine mammal for which the department has been
1-48 delegated management authority under Section 1379 of the Marine
1-49 Mammal Protection Act (16 U.S.C. Section 1379); or
1-50 (2) a marine mammal listed under the federal
1-51 Endangered Species Act (16 U.S.C. Section 1531 et seq.).
1-52 (e) The department may issue a permit to a qualified person
1-53 to collect, hold, possess, display, transport, release, or
1-54 propagate <take> protected wildlife for scientific research,
1-55 educational display, zoological collection, or rehabilitation. A
1-56 permit may not be issued to propagate protected wildlife for
1-57 rehabilitation or educational display <propagation purposes,
1-58 zoological gardens, aquariums, rehabilitation purposes, and
1-59 scientific purposes>.
1-60 (f) The commission shall adopt rules to govern the
1-61 collecting, holding, possession, propagation, release, display, or
1-62 transport of protected wildlife for scientific research,
1-63 educational display, zoological collection, or rehabilitation.
1-64 (g) The commission by rule may set fees for review of permit
1-65 applications, inspections, transportation and boarding of seized
1-66 animals, laboratory analysis, or other department actions necessary
1-67 for implementation of this subchapter.
1-68 (h) The commission by rule may exempt certain categories of
2-1 activities from the permitting and fee requirements of or
2-2 established under this subchapter if those activities are
2-3 determined to provide a public benefit and do not adversely affect
2-4 a protected wildlife resource.
2-5 (i) A permit authorized by this subchapter may be issued by
2-6 the director or the director's designee.
2-7 SECTION 4. Section 43.024, Parks and Wildlife Code, is
2-8 amended to read as follows:
2-9 Sec. 43.024. DISPOSITION OF PROTECTED WILDLIFE <RESTRICTIONS
2-10 ON PERMITS>. (a) All protected wildlife collected and
2-11 subsequently held under this subchapter or rules adopted under this
2-12 subchapter remain the property of the state and shall be
2-13 relinquished to the department or an agent of the department on
2-14 demand or otherwise disposed of in a manner prescribed by the
2-15 department.
2-16 (b) No permit may be issued for the taking or transportation
2-17 of any endangered fish or wildlife the possession, taking, or
2-18 transportation of which is prohibited by federal law.
2-19 <(b) The department may refuse to grant a permit for the
2-20 taking or transportation of endangered fish or wildlife from their
2-21 natural habitat for propagation for commercial purposes if the fish
2-22 or wildlife may be legally obtained from a source in this state
2-23 other than from their natural habitat.>
2-24 (c) A permit issued for the taking of migratory birds is not
2-25 valid unless the applicant has obtained a federal permit for the
2-26 taking of migratory birds.
2-27 <(d) No permit may be issued for the taking of alligators or
2-28 marine animals for display in an aquarium unless the aquarium is a
2-29 public or commercial organization or enterprise.>
2-30 SECTION 5. Subchapter C, Chapter 43, Parks and Wildlife
2-31 Code, is amended by adding Section 43.028 to read as follows:
2-32 Sec. 43.028. CIVIL SUIT; INJUNCTIVE RELIEF; COSTS. (a) The
2-33 department, on the approval of the director or commission, may
2-34 authorize the filing and prosecution of a civil suit to enforce
2-35 this subchapter or a rule adopted under this subchapter.
2-36 (b) On finding of a violation of this subchapter or a rule
2-37 adopted under this subchapter, a court may assess a civil penalty
2-38 in addition to providing injunctive relief. The penalty may not
2-39 exceed $1,000 for each violation. Each day of violation is a
2-40 separate offense. A civil suit filed under this subchapter is not
2-41 a bar to any criminal or administrative action.
2-42 (c) On entry of a judgment in favor of the department, the
2-43 court may award attorney's fees and court costs to the state.
2-44 SECTION 6. Section 43.030, Parks and Wildlife Code, is
2-45 amended to read as follows:
2-46 Sec. 43.030. Penalty. A person who violates Section 43.022,
2-47 a commission rule, or the conditions of a permit <or a regulation
2-48 of the department> issued under this subchapter<, or who fails to
2-49 file a full and complete report as required by Section 43.029 of
2-50 this code,> commits an offense that is a Class C Parks and Wildlife
2-51 Code misdemeanor.
2-52 SECTION 7. Chapter 43, Parks and Wildlife Code, is amended
2-53 by amending the title of Subchapter E to read as follows:
2-54 SUBCHAPTER E. PERMITS FOR TRAPPING, TRANSPORTING, AND
2-55 TRANSPLANTING GAME ANIMALS AND GAME BIRDS
2-56 <PERMIT FOR CAPTURE OF INDIGENOUS GAME>
2-57 SECTION 8. Section 43.061, Parks and Wildlife Code, is
2-58 amended to read as follows:
2-59 Sec. 43.061. TRAPPING, TRANSPORTING, AND TRANSPLANTING GAME
2-60 ANIMALS AND GAME <INDIGENOUS MAMMALS AND> BIRDS; PERMIT REQUIRED.
2-61 (a) No person may capture, <or> transport, or transplant any game
2-62 animal <mammal> or game bird <captured> from the wild in <that is
2-63 indigenous to> this state unless that person <he> has obtained a
2-64 permit to trap, transport, and transplant from the department.
2-65 (b) The department may issue permits for trapping, <and>
2-66 transporting, and transplanting game animals <mammals> or game
2-67 birds from the wild to allow adjustments in game populations for
2-68 better wildlife management <that are indigenous to this state as a
2-69 means of better wildlife management by making adjustments in the
2-70 game population>. The permits may be issued only if recommended by
3-1 separate wildlife stocking plans approved by the department for
3-2 both the origin and the destination of the game animals or game
3-3 birds.
3-4 (c) The state is not liable for and may not incur any
3-5 expense for the trapping, transporting, and transplanting of game
3-6 animals and game birds under a permit issued under this section.
3-7 (d) A person receiving a permit under this section commits
3-8 an offense if that person does not comply with the conditions
3-9 listed on the permit, including conditions designed to minimize
3-10 stress and maximize the humane treatment of trapped or transplanted
3-11 animals and to minimize human health and safety risks.
3-12 (e) <(c)> This section does not apply to any game animals or
3-13 game birds that are possessed or propagated under a license or
3-14 permit issued for that activity under another section of this code
3-15 or to an activity conducted under a permit issued under Section
3-16 43.0611 <privately owned or privately raised>.
3-17 (f) The commission by rule may set fees for review of permit
3-18 applications or other department actions necessary to implement
3-19 this section. If the permit authorizes the applicant to trap,
3-20 transport, and transplant squirrels that are causing damage to
3-21 personal property, the applicant is exempt from the payment of the
3-22 fee.
3-23 (g) The commission shall adopt rules for the content of
3-24 wildlife stocking plans, certification of wildlife trappers, and
3-25 the trapping, transporting, and transplanting of game animals and
3-26 game birds under this subchapter.
3-27 SECTION 9. Subchapter E, Chapter 43, Parks and Wildlife
3-28 Code, is amended by adding Section 43.0611 to read as follows:
3-29 Sec. 43.0611. URBAN WHITE-TAILED DEER REMOVAL; PERMIT
3-30 REQUIRED. (a) The department may issue to an individual an urban
3-31 white-tailed deer removal permit for the trapping, transporting,
3-32 and transplanting of white-tailed deer if the individual shows to
3-33 the department's satisfaction that:
3-34 (1) there is an overpopulation of the deer in an area
3-35 where deer hunting is inadequate, because of human health or safety
3-36 concerns, for maintaining a balanced population of deer;
3-37 (2) the deer will be removed and transplanted to an
3-38 area of adaptable natural habitat capable of sustaining the
3-39 additional deer without exceeding the capacity of the habitat; and
3-40 (3) the deer will be subject to lawful hunting after
3-41 the relocation.
3-42 (b) The state is not liable for and may not incur any
3-43 expense for the trapping, transporting, and transplanting of
3-44 white-tailed deer under a permit issued under this section.
3-45 (c) The commission by rule may set fees for review of permit
3-46 applications or other department actions necessary to implement
3-47 this section. If the permit authorizes the applicant to remove
3-48 white-tailed deer only from property owned by a political
3-49 subdivision or institution of higher education of this state, the
3-50 applicant is exempt from the payment of the fee.
3-51 (d) A person holding a permit issued under this section
3-52 commits an offense if that person does not comply with conditions
3-53 listed on the permit, including conditions designed to minimize
3-54 stress and maximize the humane treatment of trapped or transplanted
3-55 animals and that minimize human health and safety risks.
3-56 (e) The department may establish times when only department
3-57 staff may trap, transport, or transplant deer under this section.
3-58 (f) Permits issued under this section do not entitle a
3-59 person to take, trap, or possess white-tailed deer on any privately
3-60 owned land without the landowner's written permission.
3-61 (g) The commission shall adopt rules for fees, applications,
3-62 and activities, including limitations on the times of the
3-63 activities, relating to permits for trapping, transporting, or
3-64 transplanting white-tailed deer.
3-65 SECTION 10. Chapter 68, Parks and Wildlife Code, is amended
3-66 by adding Section 68.022 to read as follows:
3-67 Sec. 68.022. PROPAGATION BY DEPARTMENT. The department
3-68 shall work cooperatively with state and federal agencies to develop
3-69 a program for the captive propagation of aquatic endangered species
3-70 by the department.
4-1 SECTION 11. Sections 43.023, 43.025, 43.026, 43.027,
4-2 43.0281, 43.029, and 63.007, Parks and Wildlife Code, are repealed.
4-3 SECTION 12. (a) As soon as practicable after the effective
4-4 date of this Act but not later than December 1, 1995, the Parks and
4-5 Wildlife Commission, in anticipation of the permitting program
4-6 established under Chapter 43, Parks and Wildlife Code, as amended
4-7 by this Act, shall adopt the rules necessary to implement that
4-8 program.
4-9 (b) A license or permit issued under Chapter 43, Parks and
4-10 Wildlife Code, before September 1, 1995, expires on December 1,
4-11 1995.
4-12 SECTION 13. (a) Except as provided by this section, this
4-13 Act takes effect September 1, 1995.
4-14 (b) Sections 1-9 of this Act take effect December 1, 1995.
4-15 SECTION 14. The importance of this legislation and the
4-16 crowded condition of the calendars in both houses create an
4-17 emergency and an imperative public necessity that the
4-18 constitutional rule requiring bills to be read on three several
4-19 days in each house be suspended, and this rule is hereby suspended.
4-20 * * * * *