SRC-SEW C.S.S.B. 1194 77(R)   BILL ANALYSIS


Senate Research Center   C.S.S.B. 1194
77R10487 YDB-DBy: Wentworth
Natural Resources
3/23/2001
Committee Report (Substituted)


DIGEST AND PURPOSE 

Bats have important ecological, and thus economic, roles in pest control,
pollination, and seed dispersal.  However, the killing and disturbance of
bats in Texas is leading to significant declines in many bat populations.
These populations are susceptible to decline and extinction because they
are relatively slow at reproducing and because some species form large
colonies that are vulnerable to vandalism and human interference.  C.S.S.B.
1194 prohibits a person, with certain exceptions, from killing a bat or
selling, offering for sale, purchasing, offering for purchase, or
possessing a bat or any part of a bat, dead or alive, and provides
penalties for such offenses. 


RULEMAKING AUTHORITY

This bill does not expressly grant any additional rulemaking authority to a
state officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Chapter 63B, Parks and Wildlife Code, by adding Section
63.101, as follows: 

Sec.  63.101.  PROTECTION OF BATS.  Prohibits, with certain exceptions, a
person from hunting a bat or selling, offering for sale, purchasing,
offering to purchase, or possessing after a purchase a bat or any part of a
bat, dead or alive.  Authorizes a bat to be removed or hunted if the bat is
inside a building occupied by people.  Provides that this section does not
apply to certain persons under certain circumstances. 

SECTION 2.  Amends Section 63.104(c), Parks and Wildlife Code, to provide
that a person who violates Section 63.002 or 63.101 of this code commits an
offense that is a Class C Parks and Wildlife Code misdemeanor. 

SECTION 3.  Effective date: September 1, 2001.  
  Makes application of this Act prospective.
  
SUMMARY OF COMMITTEE CHANGES

SECTION 1.  Amends As Filed S.B. 1194, proposed new Section 63.101, Parks
and Wildlife Code, to provide that this section does not apply to 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. Omits
language regarding transporting 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. 

SECTION 2.  No change.

SECTION 3.  No change.