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.