LEGISLATIVE BUDGET BOARD
Austin, Texas
FISCAL NOTE
74th Regular Session
April 24, 1995
TO: Honorable Robert M. Saunders, Chair IN RE: House Bill No. 2133
Committee on Land and Resource By: Combs
Management
House of Representatives
Austin, Texas
FROM: John Keel, Director
In response to your request for a Fiscal Note on House Bill No.
2133 (Relating to the authority of certain Parks and Wildlife
Department employees to enter on private property and to the use
of information obtained.) 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 amend Section 12.103 of the Parks and Wildlife
Code to delete the authority of Parks and Wildlife Department
employees to enter upon private lands to conduct scientific
investigations and research regarding wild game or fish without
written consent of the property owner. The bill would also
prohibit the Department from entering information obtained from
private lands into a data base maintained or available to anyone
other than a Department employee without the written consent of
the property owner. In addition, the bill would prohibit
information being entered into a database maintained by a natural
heritage program administered by the Department without the
written consent of the property owner.
Federal Pittman/Robertson funds, which pay for 75% of the cost of
standardized annual wildlife surveys, require the reporting of
information obtained in the surveys. A potential loss of
$1,243,180 per year in Pittman Robertson funds could result if
the Department is not able to obtain written permission to report
data obtained from the 1,128 surveys which occur on private
lands. An additional $230,000 per year for pollution response
activities may be lost because pollution investigations must be
conducted the day of the report, or the evidence disappears. It
would be highly unlikely that the Department would be able to
obtain a timely written permission, if at all, especially if the
landowner is the polluter.
The bill could result in additional losses if delays in
accessibility and investigation limit the amounts that can be
recovered in civil restitution and from natural resource trustee
activities to restore damaged wetlands. Over the last four
years, approximately $1.4 million has been recovered and over ten
thousand acres have been created, restored, or enhanced as a
result.
The probable fiscal implication of implementing the provisions of
the bill during each of the first five years following passage
is estimated as follows:
Fiscal Probable Revenue Probable Revenue
Year Loss in Federal Loss in Civil
Funds Deposited in Restitution Funds
Game, Fish and Deposited in Game,
Water Account 009 Fish, and Water
Safety Receipts
Account 009
1996 $1,473,180 $350,000
1997 1,473,180 350,000
1998 1,473,180 350,000
1999 1,473,180 350,000
2000 1,473,180 350,000
Similar annual fiscal implications would continue as long as the
provisions of the bill are in effect.
No significant fiscal implication to units of local government is
anticipated.
Source: Parks and Wildlife Department
LBB Staff: JK, PVT, DF