LEGISLATIVE BUDGET BOARD
                          Austin, Texas

                           FISCAL NOTE
                       74th Regular Session

                          March 28, 1995



 TO:     Honorable Edmund Kuempel, Chair        IN RE:  House Bill No. 2130
         Committee on State Recreational                By: Grusendorf
         Resources
         House of Representatives
         Austin, Texas






FROM: John Keel, Director

In response to your request for a Fiscal Note on House Bill No.
2130 (Relating to suits for recovery of value of certain species
and collection of restitution after judgment.) this office has
determined the following:

The bill would make no appropriation but could provide the legal
basis for an appropriation of funds to implement the provisions
of the bill.

The bill would allow the Texas Department of Parks and Wildlife
to contract with a private attorney to bring lawsuits to recover
the value of species unlawfully killed, caught, taken, possessed,
or injured, or to collect restitution after judgment.  Currently,
only a county attorney or the attorney general can sue for
wildlife restitution.

Since fiscal year 1980, 16,016 violators have been assessed a
total of $4.6 million.  Of that amount, only $1,037,322 has been
collected, leaving a balance due of $3,574,122.  A contract with
a private attorney for the collection of restitution could
potentially result in increased revenue to Account 009.  The
amount of the gain would be reduced by the fee paid to a private
attorney.  Because the amount that would be collected and the fee
that would be paid is not known and cannot be projected, the
revenue gain cannot be determined.

Assuming that the Texas Parks and Wildlife Department would
choose to contract with private attorneys, the bill could reduce
the workload of the Office of the Attorney General.  There are    




approximately 30 restitution cases on the docket of the Natural
Resources Division of the Attorney General's Office.
 

No fiscal implication to units of local government is
anticipated.

The fiscal implication to  the State cannot be determined.


Source:   Office of the Attorney General, Parks and Wildlife
Department
          LBB Staff: JK, PVT, DF