1-1 By: Sims, Brown S.B. No. 1106
1-2 (In the Senate - Filed March 9, 1995; March 14, 1995, read
1-3 first time and referred to Committee on Natural Resources;
1-4 April 18, 1995, reported adversely, with favorable Committee
1-5 Substitute by the following vote: Yeas 8, Nays 2; April 18, 1995,
1-6 sent to printer.)
1-7 COMMITTEE SUBSTITUTE FOR S.B. No. 1106 By: Brown
1-8 A BILL TO BE ENTITLED
1-9 AN ACT
1-10 relating to the management of wildlife resources; providing a
1-11 penalty.
1-12 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-13 SECTION 1. The heading to Subchapter D, Chapter 23, Parks
1-14 and Wildlife Code, is amended to read as follows:
1-15 SUBCHAPTER D. <DAVY CROCKETT> NATIONAL FORESTS <FOREST>
1-16 SECTION 2. Section 23.041, Parks and Wildlife Code, is
1-17 amended to read as follows:
1-18 Sec. 23.041. Agreements for Wildlife Management. <(a)> The
1-19 department may agree to develop department management plans and
1-20 agreements with <the proper agency of> the United States Forest
1-21 Service for the protection and management of wildlife resources and
1-22 for restocking desirable species of wildlife on national forest
1-23 lands in this state <in portions of the Davy Crockett National
1-24 Forest, in Houston and Trinity counties, that can be designated by
1-25 a natural boundary. A natural boundary may be a road, lake,
1-26 stream, canyon, rock, bluff, island, or other natural feature>.
1-27 <(b) No agreement under this section may cover more than
1-28 40,000 acres at any one time during any five-year period.>
1-29 SECTION 3. Section 23.043, Parks and Wildlife Code, is
1-30 amended to read as follows:
1-31 Sec. 23.043. Hunting and Fishing Regulations. The
1-32 commission may promulgate regulations applicable to wildlife
1-33 management on federal lands as part of a wildlife management
1-34 agreement <the Davy Crockett National Forest, in Houston and
1-35 Trinity counties,> to:
1-36 (1) prohibit hunting and fishing for periods of time
1-37 as necessary to protect wildlife;
1-38 (2) provide open seasons for hunting and fishing;
1-39 (3) provide limitations on the number, size, kind, and
1-40 sex of wildlife that may be taken; and
1-41 (4) prescribe the conditions under which wildlife may
1-42 be taken.
1-43 SECTION 4. Section 23.044, Parks and Wildlife Code, is
1-44 amended to read as follows:
1-45 Sec. 23.044. Penalty. A person who violates any rule or
1-46 regulation of the commission adopted under this subchapter or who
1-47 hunts or fishes on federal lands included in a wildlife management
1-48 agreement <in the Davy Crockett National Forest> at any time other
1-49 than the open season commits an offense that is a Class C Parks and
1-50 Wildlife Code misdemeanor.
1-51 SECTION 5. Chapter 43, Parks and Wildlife Code, is amended
1-52 by adding Subchapter R to read as follows:
1-53 SUBCHAPTER R. PERMITS TO TAKE PROTECTED CARNIVOROUS MAMMALS
1-54 Sec. 43.601. APPLICATION FOR PERMIT. (a) The owner or a
1-55 person in control of a tract of land may file with the department
1-56 an application for a permit to validate the taking of a carnivorous
1-57 mammal listed with the secretary of state under Section 68.003 that
1-58 was a threat to livestock on that land and that was taken on that
1-59 land without a permit in violation of this code.
1-60 (b) The application must be in writing and must contain an
1-61 affidavit by a person with knowledge that the mammal taken killed
1-62 or injured or attempted to kill or injure livestock on the land
1-63 owned or in control of the person applying for the permit.
1-64 Sec. 43.602. PERMIT. Not later than 24 hours after the
1-65 department receives a permit application that meets the
1-66 requirements of Section 43.601, the department shall issue a permit
1-67 validating the taking of the carnivorous mammal described in the
1-68 affidavit submitted with the application.
2-1 SECTION 6. Section 49.001, Parks and Wildlife Code, is
2-2 amended by adding Subdivisions (3) and (4) to read as follows:
2-3 (3) "Falconry" means the act of taking wild game by
2-4 use of a trained raptor.
2-5 (4) "Raptor" means a migratory bird of the order
2-6 falconiformes or strigiformes, excluding a bald eagle.
2-7 SECTION 7. Subsection (a), Section 49.002, Parks and
2-8 Wildlife Code, is amended to read as follows:
2-9 (a) Except as provided in Section 49.010(b) of this code or
2-10 Subsection (b) of this section, no person may take, capture, or
2-11 possess, or attempt to take or capture, any native raptors unless
2-12 he has obtained a permit issued under this chapter.
2-13 SECTION 8. Section 49.010, Parks and Wildlife Code, is
2-14 amended to read as follows:
2-15 Sec. 49.010. Hunting. (a) The holder of a valid permit
2-16 issued under this chapter and a valid hunting license may hunt
2-17 native species of wild birds, wild animals, and migratory game
2-18 birds during the open season and may hunt unprotected species of
2-19 wildlife.
2-20 (b) A nonresident who possesses a federal falconry permit
2-21 and a falconry permit from the person's state of residence may
2-22 practice falconry, hunt native species of wild birds, wild animals,
2-23 and migratory game birds during the open season, and hunt
2-24 unprotected species of wildlife if the person obtains a nonresident
2-25 hunting license or a nonresident five-day special hunting license
2-26 issued under Chapter 42.
2-27 SECTION 9. Section 49.014, Parks and Wildlife Code, is
2-28 amended to read as follows:
2-29 Sec. 49.014. Powers of Department. The department may:
2-30 (1) prescribe reasonable rules and regulations for
2-31 taking and possessing raptors, time and area from which raptors may
2-32 be taken, and species that may be taken;
2-33 (2) provide standards for possessing and housing
2-34 raptors held under a permit;
2-35 (3) prescribe <annual> reporting requirements and
2-36 procedures;
2-37 (4) prescribe eligibility requirements for any
2-38 falconry permit; and
2-39 (5) require and regulate the identification of raptors
2-40 held by permit holders.
2-41 SECTION 10. Subsection (b), Section 61.057, Parks and
2-42 Wildlife Code, is amended to read as follows:
2-43 (b) The permit may be distributed by the department only to
2-44 <or by> the owner or other person in charge of a tract of land
2-45 where hunting is authorized <and which is subject to an agreement
2-46 under Section 61.056 of this code>. An owner or other person in
2-47 charge of land may distribute permits only for the land he owns or
2-48 is in charge of.
2-49 SECTION 11. Section 62.021, Parks and Wildlife Code, is
2-50 amended by amending Subsections (a), (c), and (d) and by adding
2-51 Subsection (e) to read as follows:
2-52 (a) Except as provided by Subsections (c), (d), and (e), no
2-53 <No> person may sell, offer for sale, purchase, offer to purchase,
2-54 or possess after purchase a wild bird, <wild> game bird, or <wild>
2-55 game animal, dead or alive, or part of the bird or animal.
2-56 (c) A person may sell the hide, antlers, bones, hooves,
2-57 sinew, and other inedible parts of a deer or elk <Subsection (a) of
2-58 this section does not apply to deer hides>.
2-59 (d) This section does not prohibit the sale of an edible
2-60 portion of an elk taken or raised in captivity in a county where an
2-61 elk is not defined as a game animal <The commission by proclamation
2-62 shall authorize and regulate the sale, purchase, and possession
2-63 after purchase of deer antlers>.
2-64 (e) This section does not prohibit the sale of a live
2-65 white-tailed deer, mule deer, or other game animal or game bird if
2-66 the sale is conducted under the authority of a license or permit
2-67 under this code.
2-68 SECTION 12. Section 62.082, Parks and Wildlife Code, is
2-69 amended to read as follows:
2-70 Sec. 62.082. Target Ranges and Managed Hunts. (a) The
3-1 Board of Directors of the Lower Colorado River Authority may lease
3-2 river authority land to be used on a nonprofit basis for a target
3-3 rifle or archery range <only and not for hunting>.
3-4 (b) A member of the boy scouts or the girl scouts or other
3-5 nonprofit public service group or organization may possess and
3-6 shoot a firearm, bow, and crossbow for target or instructional
3-7 purposes under the supervision of a qualified instructor registered
3-8 with and approved by the Lower Colorado River Authority on ranges
3-9 designated by the Lower Colorado River Authority. This subsection
3-10 does not permit hunting by any person.
3-11 (c) The Board of Directors may authorize hunting by legal
3-12 means on Lower Colorado River Authority land in a manner consistent
3-13 with sound biological management practices normally exercised to
3-14 protect or use wildlife resources.
3-15 (d) Section 62.081 does not apply to an employee of the
3-16 Lower Colorado River Authority, a person authorized to hunt under
3-17 Subsection (c), or a peace officer acting within the person's scope
3-18 of employment or duties.
3-19 SECTION 13. Section 64.022, Parks and Wildlife Code, is
3-20 amended to read as follows:
3-21 Sec. 64.022. Authority of Department. (a) The department
3-22 shall provide the open season, <and> means, methods, and devices
3-23 for the taking and possessing of migratory game birds.
3-24 (b) The commission may delegate the department's authority
3-25 under Subsection (a) to the director.
3-26 SECTION 14. The following provisions of the Parks and
3-27 Wildlife Code are repealed:
3-28 (1) Subchapter E, Chapter 23;
3-29 (2) Section 49.008; and
3-30 (3) Section 61.056.
3-31 SECTION 15. (a) This Act takes effect September 1, 1995.
3-32 (b) The change in law made by this Act applies only to an
3-33 offense that occurs on or after the effective date of this Act.
3-34 For purposes of this section, an offense is committed before the
3-35 effective date of this Act if any element of the offense occurs
3-36 before that date.
3-37 (c) An offense committed before the effective date of this
3-38 Act is covered by the law in effect when the offense was committed,
3-39 and the former law is continued in effect for that purpose.
3-40 SECTION 16. The importance of this legislation and the
3-41 crowded condition of the calendars in both houses create an
3-42 emergency and an imperative public necessity that the
3-43 constitutional rule requiring bills to be read on three several
3-44 days in each house be suspended, and this rule is hereby suspended.
3-45 * * * * *