HBA-JRA H.B. 857 76(R) BILL ANALYSIS Office of House Bill AnalysisH.B. 857 By: Turner, Bob State Recreational Resources 3/31/1999 Introduced BACKGROUND AND PURPOSE Currently, any wild animal released is property of the state, regardless of whether or not the animal was raised in captivity. The exception to this is for wild animals released on property licensed as a private hunting lease. This may present an inconvenience for trainers of bird hunting dogs who train dogs on other people's property. H.B. 857 provides an exception to the licensing requirement for pen-reared quail released on private property for the purpose of training bird hunting dogs. RULEMAKING AUTHORITY It is the opinion of the Office of House Bill Analysis that rulemaking authority is expressly delegated to the Parks and Wildlife Commission in SECTION 1 (Section 64.034, Parks and Wildlife Code) of this bill. SECTION BY SECTION ANALYSIS SECTION 1. Amends Chapter 64, Parks and Wildlife Code, by adding Subchapter D, as follows: SUBCHAPTER D. TRAINING BIRD HUNTING DOGS Sec. 64.031. DEFINITION. Defines "pen-reared quail." Sec. 64.032. QUAIL IN CAPTIVITY; BANDING. Requires all pen-reared quail to be permanently banded with a metal or plastic identification band before being released for the purpose of training bird hunting dogs. Sec. 64.033. RELEASE AND RECAPTURE. Authorizes a person to release and recapture pen-reared quail to train bird hunting dogs only on private property and provides that a license to do so is not required. Sec. 64.034. RULES. Authorizes the Parks and Wildlife Commission to adopt rules necessary to administer this subchapter, including any provision, limitation, or prohibition necessary to manage and protect game birds occurring naturally in the wild. Sec. 64.035. HARMING PEN-REARED QUAIL. Prohibits a person from intentionally harming or killing pen-reared quail released under this subchapter. Sec. 64.036. PENALTY. Provides that a person who violates this subchapter or a rule adopted under this subchapter commits a Class C Parks and Wildlife Code misdemeanor. SECTION 2. Effective date: September 1, 1999. SECTION 3. Emergency clause.