PUC H.B. 1489 75(R)BILL ANALYSIS STATE RECREATIONAL RESOURCES H.B. 1489 By: Turner, Bob 3-12-97 Committee Report (Unamended) BACKGROUND Aoudad are a non-indigenous species of sheep that in 1958 were introduced into the Palo Duro Canyon by the Texas Game and Fish Commission. At that time, special statutory protections were enacted to regulate hunting of aoudad in the eight (8) panhandle counties surrounding the canyon. The introduced species did not flourish as anticipated. Much later, however, private landowners all over the state began to stock the sheep on their ranches and the species is flourishing. In all but the eight panhandle counties mentioned above, aoudad are considered to be exotic species and hunting is dictated by management plans developed by private landowners. A similar situation exists with regard to elk. In 15 counties in the Panhandle and the TransPecos, elk hunting is regulated by the state. These counties represent what was the former range of elk which used to migrate into Texas from New Mexico long ago. Migration patterns have changed, however, and the only elk which exist in these counties today are present due to the efforts of private landowners who are raising the animal with great success. As with aoudad sheep, elk are considered to be exotic species everywhere else in the state except in the regulated counties. In nonregulated counties, hunting is dictated by the private landowners who own and manage the herd. PURPOSE HB 1489 will remove aoudad and elk from the list of game species in Texas, thereby allowing the classification as exotic to apply to these two species on a statewide basis. RULEMAKING AUTHORITY It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency or institution. SECTION BY SECTION ANALYSIS SECTION 1: Amends Sec. 42.005 (a), Parks and Wildlife Code, by striking language which requires a nonresident hunting license for aoudad and elk in specified counties. SECTION 2: Amends Sec. 43.103 (3), Parks and Wildlife Code, by adding aoudad sheep and elk to the list of animals defined as "exotic" in the the Agriculture Code as this relates to the taking of exotics from an aircraft. SECTION 3: Amends Sec 44.006, Parks and Wildlife Code, by striking Subsection (3) thereby deleting the reference to elk as a game animal, thereby removing a requirement for the owner to obtain a game breeder's license. SECTION 4: Amends Sec. 61.056, Parks and Wildlife Code, by striking references to elk as a game animal in specified counties thereby removing the need for the commission to issue a proclamation authorizing the take of elk on private land. SECTION 5: Amends Sec. 61.057, Parks and Wildlife Code, by striking references to elk as a game animal in specified counties thereby removing the requirement for a permit to hunt aoudad or elk in Texas. SECTION 6: Amends Sec. 62.015 (a), Parks and Wildlife Code, by adding aoudad sheep and elk to the definition of exotic animals in the Agriculture Code as this relates to hunting exotic animals from a road right-of-way or from private land without the permission of the landowner, and to the possession of the carcass of an exotic without the knowledge and consent of the owner. SECTION 7: Amends Sec. 67.001 (a), Parks and Wildlife Code, by removing the phrase "elk east of the Pecos" from the definition of "nongame" animals which are indigenous to Texas. SECTION 8: Repeals Sec. 63.001 (c) and (d), Parks and Wildlife Code, thereby removing aoudad and elk from the list of species considered to be game animals in Texas. SECTION 9: Emergency clause.