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