LEGISLATIVE BUDGET BOARD Austin, Texas FISCAL NOTE 75th Regular Session May 5, 1997 TO: Honorable Edmund Kuempel, Chair IN RE: House Bill No. 1452, Committee Report 1st House, Substituted Committee on State Recreational Resources By: Gutierrez House Austin, Texas FROM: John Keel, Director In response to your request for a Fiscal Note on HB1452 ( Relating to poaching; providing a penalty.) this office has detemined the following: Biennial Net Impact to General Revenue Funds by HB1452-Committee Report 1st House, Substituted FN Revision 1 Implementing the provisions of the bill would result in a net impact of $0 to General Revenue Related Funds through the biennium ending August 31, 1999. The bill would make no appropriation but could provide the legal basis for an appropriation of funds to implement the provisions of the bill. Fiscal Analysis The bill would allow seizure and forfeiture of hunting and fishing equipment or a vehicle, vessel firearm or other device used by a person hunting on private or public property, or fishing in public water from private property without landowner consent. The bill would also increase the minimum penalty for hunting and fishing without landowner consent from a Class C misdemeanor to a Class B misdemeanor. In addition, the bill provides for license revocation and allows a court to prohibit a person from buying a license for a period of time. Methodolgy The department estimates an annual revenue loss of $13,000 as a result of license revocations, based on the cost of a combination license. Texas Parks and Wildlife Department estimates that the sale of confiscated equipment could result in a gain of $15,000 per year. The agency estimates that an increase in the average fine to $200 would result in a revenue gain of about $46,000 per year, based on the agency's allocation of 85 percent of the fines. The local courts retain 15 percent of the fine (approximately $8,000). The probable fiscal implications of implementing the provisions of the bill during each of the first five years following passage is estimated as follows: Five Year Impact: Fiscal Year Probable Revenue Probable Revenue Gain/(Loss) from Gain/(Loss) from Game, Fish and Game, Fish and Water Safety Water Safety Account Account 0009 0009 1998 ($13,000) $61,000 1998 (13,000) 61,000 2000 (13,000) 61,000 2001 (13,000) 61,000 2002 (13,000) 61,000 Net Impact on General Revenue Related Funds: Fiscal Year Probable Net Postive/(Negative) General Revenue Related Funds Funds 1998 $0 1999 0 2000 0 2001 0 2002 0 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. According to Texas Parks and Wildlife Department, local courts will retain 15 percent of the revenue generated from higher fines, therefore, the estimated impact to local courts is a revenue gain of about $8,000 per year. Source: Agencies: 802 Parks and Wildlife Department LBB Staff: JK ,BB ,DM