HBA-BSM C.S.S.B. 1194 77(R)    BILL ANALYSIS


Office of House Bill AnalysisC.S.S.B. 1194
By: Wentworth
State Recreational Resources
4/16/2001
Committee Report (Substituted)



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. C.S.S.B. 1194 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

C.S.S.B. 1194 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 or on 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,
a person who transports a bat for the purpose of laboratory testing if the
bat has exposed or potentially exposed humans or domestic animals to
rabies, or a person who is licensed to provide pest control services.  

EFFECTIVE DATE

September 1, 2001.

COMPARISON OF ORIGINAL TO SUBSTITUTE

C.S.S.B. 1194 differs from the original by adding that a bat that is on a
building may be removed or hunted. The substitute also adds that a person
who is licensed to provide pest control services is exempt from the
provisions of the bill.