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.