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