LEGISLATIVE BUDGET BOARD
                                   Austin, Texas
         
                                   FISCAL NOTE
                               75th Regular Session
         
                                  March 11, 1997
         
         
      TO: Honorable Edmund Kuempel, Chair            IN RE:  House Bill No. 1452
          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-As Introduced
         

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 increase the minimum penalty for hunting and 
fishing without landowner consent from $25 to $300.  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
 
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 from $150 to $400 would result in a revenue gain of $85,000 
per year, based on the agency's allocation of 85 percent of 
the fine and 400 citations per year.  The local courts retain 
15 percent of the fine.  The Parks and Wildlife Department also 
estimates that the agency will experience a loss of $13,000 
as a result of license revocation provisions under the bill. 
 In addition, the agency indicates that revoking a license requires 
an administrative hearing process prior to the surrendering 
of a license.  At a cost of $2500 per hearing, the agency estimates 
an annual cost of $50,000.
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           Probable Revenue   Probable Revenue   
            Savings/(Cost)     Gain/(Loss) from   Gain/(Loss) from                                        
            from Game, Fish    Game, Fish and     Game, Fish and                                          
            and Water Safety   Water Safety       Water Safety                                            
            Account            Account            Account                                                 
            0009               0009               0009                                                     
       1998         ($50,000)          $100,000         ($13,000)                                    
       1998          (50,000)           100,000          (13,000)                                    
       2000          (50,000)           100,000          (13,000)                                    
       2001          (50,000)           100,000          (13,000)                                    
       2002          (50,000)           100,000          (13,000)                                    
 


 
         Net Impact on General Revenue Related Funds:
 
The probable fiscal implication to General Revenue related funds 
during each of the first five years is estimated as follows:
 
              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 
estimates, 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 $15,000 per year.
          
   Source:            Agencies:   802   Parks and Wildlife Department
                                         
                      LBB Staff:   JK ,BB ,DM