HBA-BSM H.B. 2608 77(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 2608
By: Kuempel
State Recreational Resources
3/18/2001
Introduced



BACKGROUND AND PURPOSE 

The killing and disturbance of bats has led to significant declines in many
species of bats.  Bat populations are susceptible to decline and extinction
because they are relatively slow at reproducing and because some species
from large colonies are vulnerable to vandalism and human disturbance. Bats
perform essential ecological roles such as pest control, pollination, and
seed dispersal that result in many economic benefits. The 20 million
Mexican Free-tailed bats from Bracken Cave in Texas consume an estimated
200 tons of insects nightly, a large number of which are among North
America's most costly agricultural pests.   

House Bill 2608 protects bats by making  it unlawful to hunt, sell,
purchase, or be in possession of a bat except under specified conditions.  

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

ANALYSIS

House Bill 2608 amends the Parks and Wildlife Code to provide that no
person may hunt a bat, or sell, offer for sale, purchase, offer to
purchase, or possess after purchase a bat or any part of a bat, dead or
alive.  A violation of this provision is a Class C Parks and Wildlife Code
misdemeanor.  The bill provides that a bat may be removed or hunted if the
bat is inside a building occupied by people.  The bill does not apply to an
animal control officer,  peace officer, or health official who captures a
bat that the officer or official considers injured or diseased, or a person
who transports a bat to the nearest Texas Department of Health facility or
medical facility if the bat poses an immediate threat to human health or
safety.  

EFFECTIVE DATE

September 1, 2001.