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.
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