1-1     By:  Turner of Coleman (Senate Sponsor - Wentworth)   H.B. No. 1489

 1-2           (In the Senate - Received from the House April 18, 1997;

 1-3     April 22, 1997, read first time and referred to Committee on

 1-4     Natural Resources; May 15, 1997, reported favorably by the

 1-5     following vote:  Yeas 6, Nays 0; May 15, 1997, sent to printer.)

 1-6                            A BILL TO BE ENTITLED

 1-7                                   AN ACT

 1-8     relating to the regulation of certain animals.

 1-9           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

1-10           SECTION 1.  Section 42.005(a), Parks and Wildlife Code, is

1-11     amended to read as follows:

1-12           (a)  No nonresident in this state may hunt a mule deer,

1-13     white-tailed deer, turkey, pronghorn antelope, or desert bighorn

1-14     sheep in this state[, aoudad sheep in Armstrong, Briscoe, Donley,

1-15     Floyd, Hall, Motley, Randall, and Swisher counties, or elk in

1-16     Brewster, Culberson, Dallam, Deaf Smith, El Paso, Hartley,

1-17     Hudspeth, Jeff Davis, Moore, Oldham, Pecos, Potter, Presidio,

1-18     Reeves, and Terrell counties,] without first having acquired a

1-19     general nonresident hunting license.

1-20           SECTION 2.  Section 43.103(3), Parks and Wildlife Code, is

1-21     amended to read as follows:

1-22                 (3)  "Exotic animals" includes exotic livestock and

1-23     exotic fowl as defined by Section 161.001(a), Agriculture Code,

1-24     [and] wild animals that are nonindigenous to Texas, aoudad sheep,

1-25     and elk.

1-26           SECTION 3.  Section 44.006, Parks and Wildlife Code, is

1-27     amended to read as follows:

1-28           Sec. 44.006.  LICENSE PRIVILEGES. The holder of a valid game

1-29     breeder's license may:

1-30                 (1)  engage in the business of game breeding in the

1-31     immediate locality for which the license was issued; or

1-32                 (2)  sell or hold in captivity for the purpose of

1-33     propagation or sale antelope, collared peccary, and wild

1-34     squirrels[; and]

1-35                 [(3)  sell or hold in captivity for the purpose of

1-36     propagation or sale, elk in any county in which elk is a game

1-37     animal].

1-38           SECTION 4.  Section 61.056, Parks and Wildlife Code, is

1-39     amended  to read as follows:

1-40           Sec. 61.056.  PROCLAMATIONS CONCERNING CERTAIN DEER AND[,]

1-41     ANTELOPE[, AND ELK].  A proclamation of the commission authorizing

1-42     the taking of antlerless deer or antelope in this state[, or elk in

1-43     Brewster, Culberson, El Paso, Hudspeth, Jeff Davis, Pecos,

1-44     Presidio, Reeves, and Terrell counties,] is not effective for a

1-45     specific tract of land unless the landowner [owner] or the

1-46     landowner's agent [other person in charge of the land] agrees in

1-47     writing [to the removal and] to the number of antlerless deer or[,]

1-48     antelope permits [, or elk] authorized for the property [to be

1-49     taken].

1-50           SECTION 5.  Section 61.057, Parks and Wildlife Code, is

1-51     amended to read as follows:

1-52           Sec. 61.057.  ANTLERLESS DEER AND[,] ANTELOPE[, AND ELK

1-53     PERMITS].  (a) Except as provided in Subsection (c) of this

1-54     section, no person may hunt an antlerless deer or antelope in this

1-55     state[, or elk in Brewster, Culberson, El Paso, Hudspeth, Jeff

1-56     Davis, Pecos, Presidio, Reeves, and Terrell counties,] without

1-57     first having acquired an antlerless deer or[,] antelope[, or elk]

1-58     permit issued by the department on a form provided by the

1-59     department.

1-60           (b)  The permit may be distributed [by the department or] by

1-61     the landowner [owner] or landowner's agent for [other person in

1-62     charge of a tract of] land [where hunting is authorized and] which

1-63     is subject to an agreement under Section 61.056 of this code.  A

1-64     landowner [An owner] or landowner's agent [other person in charge

 2-1     of land] may distribute permits only for the land the person [he]

 2-2     owns or the land for which the person is an agent [is in charge

 2-3     of].

 2-4           (c)  When conditions warrant, the commission may allow

 2-5     hunting of antlerless deer or antelope in this state[, or elk in

 2-6     Brewster, Culberson, El Paso, Hudspeth, Jeff Davis, Pecos,

 2-7     Presidio, Reeves, and Terrell counties,] without a permit.  The

 2-8     proclamation allowing hunting without a permit must be specific as

 2-9     to the county or portion of a county to which it applies.

2-10           (d)  No person may sell or trade a permit authorized by this

2-11     section for anything of value.

2-12           SECTION 6.  Section 62.015(a), Parks and Wildlife Code, is

2-13     amended to read as follows:

2-14           (a)  In this section, "exotic animal" means exotic livestock

2-15     or exotic fowl as defined by Section 161.001(a), Agriculture Code,

2-16     aoudad sheep, or elk.

2-17           SECTION 7.  Section 67.001(a), Parks and Wildlife Code, is

2-18     amended to read as follows:

2-19           (a)  In this chapter, "nongame" means those species of

2-20     vertebrate and invertebrate wildlife indigenous to Texas[, and elk

2-21     east of the Pecos,] that are not classified as game animals, game

2-22     birds, game fish, fur-bearing animals, endangered species,

2-23     alligators, marine penaeid shrimp, or oysters.

2-24           SECTION 8.  Sections 63.001(c) and (d), Parks and Wildlife

2-25     Code, are repealed.

2-26           SECTION 9.  The importance of this legislation and the

2-27     crowded condition of the calendars in both houses create an

2-28     emergency and an imperative public necessity that the

2-29     constitutional rule requiring bills to be read on three several

2-30     days in each house be suspended, and this rule is hereby suspended.

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