By:  Sims, Brown                                      S.B. No. 1106
                                 A BILL TO BE ENTITLED
                                        AN ACT
    1-1  relating to the management of wildlife resources; providing a
    1-2  penalty.
    1-3        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-4        SECTION 1.  The heading to Subchapter D, Chapter 23, Parks
    1-5  and Wildlife Code, is amended to read as follows:
    1-6       SUBCHAPTER D.  <DAVY CROCKETT> NATIONAL FORESTS <FOREST>
    1-7        SECTION 2.  Section 23.041, Parks and Wildlife Code, is
    1-8  amended to read as follows:
    1-9        Sec. 23.041.  Agreements for Wildlife Management.  <(a)>  The
   1-10  department may agree to develop department management plans and
   1-11  agreements with <the proper agency of> the United States Forest
   1-12  Service for the protection and management of wildlife resources and
   1-13  for restocking desirable species of wildlife on national forest
   1-14  lands in this state <in portions of the Davy Crockett National
   1-15  Forest, in Houston and Trinity counties, that can be designated by
   1-16  a natural boundary.  A natural boundary may be a road, lake,
   1-17  stream, canyon, rock, bluff, island, or other natural feature>.
   1-18        <(b)  No agreement under this section may cover more than
   1-19  40,000 acres at any one time during any five-year period.>
   1-20        SECTION 3.  Section 23.043, Parks and Wildlife Code, is
   1-21  amended to read as follows:
   1-22        Sec. 23.043.  Hunting and Fishing Regulations.  The
   1-23  commission may promulgate regulations applicable to  wildlife
   1-24  management on federal lands as part of a wildlife management
    2-1  agreement <the Davy Crockett National Forest, in Houston and
    2-2  Trinity counties,> to:
    2-3              (1)  prohibit hunting and fishing for periods of time
    2-4  as necessary to protect wildlife;
    2-5              (2)  provide open seasons for hunting and fishing;
    2-6              (3)  provide limitations on the number, size, kind, and
    2-7  sex of wildlife that may be taken; and
    2-8              (4)  prescribe the conditions under which wildlife may
    2-9  be taken.
   2-10        SECTION 4.  Section 23.044, Parks and Wildlife Code, is
   2-11  amended to read as follows:
   2-12        Sec. 23.044.  Penalty.  A person who violates any rule or
   2-13  regulation of the commission adopted under this subchapter or who
   2-14  hunts or fishes  on federal lands included in a wildlife management
   2-15  agreement <in the Davy Crockett National Forest> at any time other
   2-16  than the open season commits an offense that is a Class C Parks and
   2-17  Wildlife Code misdemeanor.
   2-18        SECTION 5.  Chapter 43, Parks and Wildlife Code, is amended
   2-19  by adding Subchapter R to read as follows:
   2-20     SUBCHAPTER R.  PERMITS TO KILL PROTECTED CARNIVOROUS MAMMALS
   2-21        Sec. 43.601.  APPLICATION FOR PERMIT.  (a)  The owner or a
   2-22  person in control of a tract of land shall file with the department
   2-23  an application for a permit to validate the killing of a
   2-24  carnivorous mammal listed with the secretary of state under Section
   2-25  68.003 that was a threat to livestock on that land and that was
   2-26  killed on that land without a permit in violation of this code.
   2-27        (b)  The application must be submitted in writing not later
    3-1  than 24 hours after the mammal is killed.
    3-2        (c)  The application must:
    3-3              (1)  contain an affidavit by a person with knowledge
    3-4  that the killed mammal killed or injured or attempted to kill or
    3-5  injure livestock on the land owned or in control of the person
    3-6  applying for the permit; and
    3-7              (2)  identify the location of the carcass of the
    3-8  mammal.
    3-9        Sec. 43.602.  PERMIT.  After the department receives a permit
   3-10  application that meets the requirements of Section 43.601, the
   3-11  department shall issue a permit validating the killing of the
   3-12  carnivorous mammal described in the affidavit submitted with the
   3-13  application.
   3-14        Sec. 43.603.  DISPOSITION OF CARCASS.  The department shall
   3-15  determine the disposition of the carcass of a mammal for which a
   3-16  permit is issued under this subchapter.
   3-17        SECTION 6.  Section 49.001, Parks and Wildlife Code, is
   3-18  amended by adding Subdivisions (3) and (4) to read as follows:
   3-19              (3)  "Falconry" means the act of taking wild game by
   3-20  use of a trained raptor.
   3-21              (4)  "Raptor" means a migratory bird of the order
   3-22  falconiformes or strigiformes, excluding a bald eagle.
   3-23        SECTION 7.  Subsection (a), Section 49.002, Parks and
   3-24  Wildlife Code, is amended to read as follows:
   3-25        (a)  Except as provided in Section 49.010(b) of this code or
   3-26  Subsection (b) of this section, no person may take, capture, or
   3-27  possess, or attempt to take or capture, any native raptors unless
    4-1  he has obtained a permit issued under this chapter.
    4-2        SECTION 8.  Section 49.010, Parks and Wildlife Code, is
    4-3  amended to read as follows:
    4-4        Sec. 49.010.  Hunting.  (a)  The holder of a valid permit
    4-5  issued under this chapter and a valid hunting license may hunt
    4-6  native species of wild birds, wild animals, and migratory game
    4-7  birds during the open season and may hunt unprotected species of
    4-8  wildlife.
    4-9        (b)  A nonresident who possesses a federal falconry permit
   4-10  and a falconry permit from the person's state of residence may
   4-11  practice falconry, hunt native species of wild birds, wild animals,
   4-12  and migratory game birds during the open season, and hunt
   4-13  unprotected species of wildlife if the person obtains a nonresident
   4-14  hunting license or a nonresident five-day special hunting license
   4-15  issued under Chapter 42.
   4-16        SECTION 9.  Section 49.014, Parks and Wildlife Code, is
   4-17  amended to read as follows:
   4-18        Sec. 49.014.  Powers of Department.  The department may:
   4-19              (1)  prescribe reasonable rules and regulations for
   4-20  taking and possessing raptors, time and area from which raptors may
   4-21  be taken, and species that may be taken;
   4-22              (2)  provide standards for possessing and housing
   4-23  raptors held under a permit;
   4-24              (3)  prescribe <annual> reporting requirements and
   4-25  procedures;
   4-26              (4)  prescribe eligibility requirements for any
   4-27  falconry permit; and
    5-1              (5)  require and regulate the identification of raptors
    5-2  held by permit holders.
    5-3        SECTION 10.  Subsection (b), Section 61.057, Parks and
    5-4  Wildlife Code, is amended to read as follows:
    5-5        (b)  The permit may be distributed by the department only to
    5-6  <or by> the owner or other person in charge of a tract of land
    5-7  where hunting is authorized <and which is subject to an agreement
    5-8  under Section 61.056 of this code>.  An owner or other person in
    5-9  charge of land may distribute permits only for the land he owns or
   5-10  is in charge of.
   5-11        SECTION 11.  Section 62.021, Parks and Wildlife Code, is
   5-12  amended by amending Subsections (a), (c), and (d) and by adding
   5-13  Subsection (e) to read as follows:
   5-14        (a)  Except as provided by Subsections (c), (d), and (e), no
   5-15  <No> person may sell, offer for sale, purchase, offer to purchase,
   5-16  or possess after purchase a wild bird, <wild> game bird, or <wild>
   5-17  game animal, dead or alive, or part of the bird or animal.
   5-18        (c)  A person may sell the hide, antlers, bones, hooves,
   5-19  sinew, and other inedible parts of a deer or elk <Subsection (a) of
   5-20  this section does not apply to deer hides>.
   5-21        (d)  This section does not prohibit the sale of an edible
   5-22  portion of an elk taken or raised in captivity in a county where an
   5-23  elk is not defined as a game animal <The commission by proclamation
   5-24  shall authorize and regulate the sale, purchase, and possession
   5-25  after purchase of deer antlers>.
   5-26        (e)  This section does not prohibit the sale of a live
   5-27  white-tailed deer, mule deer, or other game animal or game bird if
    6-1  the sale is conducted under the authority of a license or permit
    6-2  under this code.
    6-3        SECTION 12.  Section 62.082, Parks and Wildlife Code, is
    6-4  amended to read as follows:
    6-5        Sec. 62.082.  Target Ranges and Managed Hunts.  (a)  The
    6-6  Board of Directors of the Lower Colorado River Authority may lease
    6-7  river authority land to be used on a nonprofit basis for a target
    6-8  rifle or archery range <only and not for hunting>.
    6-9        (b)  A member of the boy scouts or the girl scouts or other
   6-10  nonprofit public service group or organization may possess and
   6-11  shoot a firearm, bow, and crossbow for target or instructional
   6-12  purposes under the supervision of a qualified instructor registered
   6-13  with and approved by the Lower Colorado River Authority on ranges
   6-14  designated by the Lower Colorado River Authority.  This subsection
   6-15  does not permit hunting by any person.
   6-16        (c)  The Board of Directors may authorize hunting by legal
   6-17  means on Lower Colorado River Authority land in a manner consistent
   6-18  with sound biological management practices normally exercised to
   6-19  protect or use wildlife resources.
   6-20        (d)  Section 62.081 does not apply to an employee of the
   6-21  Lower Colorado River Authority, a person authorized to hunt under
   6-22  Subsection (c), or a peace officer acting within the person's scope
   6-23  of employment or duties.
   6-24        SECTION 13.  Section 64.022, Parks and Wildlife Code, is
   6-25  amended to read as follows:
   6-26        Sec. 64.022.  Authority of Department.  (a)  The department
   6-27  shall provide the open season, <and> means, methods, and devices
    7-1  for the taking and possessing of migratory game birds.
    7-2        (b)  The commission may delegate the department's authority
    7-3  under Subsection (a) to the director.
    7-4        SECTION 14.  The following provisions of the Parks and
    7-5  Wildlife Code are repealed:
    7-6              (1)  Subchapter E, Chapter 23;
    7-7              (2)  Section 49.008; and
    7-8              (3)  Section 61.056.
    7-9        SECTION 15.  (a)  This Act takes effect September 1, 1995.
   7-10        (b)  The change in law made by this Act applies only to an
   7-11  offense that occurs on or after the effective date of this Act.
   7-12  For purposes of this section, an offense is committed before the
   7-13  effective date of this Act if any element of the offense occurs
   7-14  before that date.
   7-15        (c)  An offense committed before the effective date of this
   7-16  Act is covered by the law in effect when the offense was committed,
   7-17  and the former law is continued in effect for that purpose.
   7-18        SECTION 16.  The importance of this legislation and the
   7-19  crowded condition of the calendars in both houses create an
   7-20  emergency and an imperative public necessity that the
   7-21  constitutional rule requiring bills to be read on three several
   7-22  days in each house be suspended, and this rule is hereby suspended.