By Turner of Coleman                                   H.B. No. 857
         76R4419 WP-D                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to allowing for release and recapture of pen-reared game
 1-3     birds for training hunting dogs; providing a penalty.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1.  Chapter 64, Parks and Wildlife Code, is amended
 1-6     by adding Subchapter D to read as follows:
 1-7                  SUBCHAPTER D.  TRAINING BIRD HUNTING DOGS
 1-8           Sec. 64.031.  DEFINITION.  In this subchapter "pen-reared
 1-9     quail" means all varieties of quail listed in Section 64.001 that
1-10     may be hunted as provided by this code and that are propagated or
1-11     acquired under Chapter 45.
1-12           Sec. 64.032.  QUAIL IN CAPTIVITY; BANDING.  (a)  All
1-13     pen-reared quail released for the purpose of training bird hunting
1-14     dogs shall be banded with a metal or plastic band before release.
1-15           (b)  Each band must identify the pen-reared quail as
1-16     specified by the department.
1-17           (c)  The band must permanently remain on each bird used under
1-18     this subchapter.
1-19           Sec. 64.033. RELEASE AND RECAPTURE.  (a)  A person may
1-20     release pen-reared quail under this subchapter to train bird
1-21     hunting dogs.
1-22           (b)  The release of pen-reared quail to train bird hunting
1-23     dogs may take place only on private property.
1-24           (c)  Pen-reared quail released to train bird hunting dogs may
 2-1     be recaptured.  A recaptured pen-reared quail may be used only in a
 2-2     manner provided for by this subchapter.
 2-3           (d)  A license is not required to release pen-reared quail
 2-4     under this subchapter.
 2-5           Sec. 64.034.  RULES.  The commission may adopt rules
 2-6     necessary to administer this subchapter, including any provision,
 2-7     limitation, or prohibition necessary to manage and protect game
 2-8     birds occurring naturally in the wild.
 2-9           Sec. 64.035.  HARMING PEN-REARED QUAIL.  No person may
2-10     intentionally harm or kill pen-reared quail released under this
2-11     subchapter.
2-12           Sec. 64.036.  PENALTY.  A person who violates this subchapter
2-13     or a rule adopted under this subchapter commits an offense that is
2-14     a Class C Parks and Wildlife Code misdemeanor.
2-15           SECTION 2.  This Act takes effect September 1, 1999.
2-16           SECTION 3.  The importance of this legislation and the
2-17     crowded condition of the calendars in both houses create an
2-18     emergency and an imperative public necessity that the
2-19     constitutional rule requiring bills to be read on three several
2-20     days in each house be suspended, and this rule is hereby suspended.