SRC-VRA H.B. 2159 78(R)   BILL ANALYSIS


Senate Research Center   H.B. 2159
By: Garza (Madla)
Intergovernmental Relations
5/17/2003
Engrossed


BACKGROUND AND PURPOSE 

During the 17th Century,  European expansion and intertribal conflicts led
to migrations and dispersal as Kickapoo bands scattered widely throughout
Indiana, Illinois, Missouri, and Texas. The tribe relocated to Eagle Pass,
Texas, as their primary reservation when in the United States. The
Kickapoo have primarily lived by hunting, gathering, farming, and migrant
farm labor.   

The Kickapoo religion incorporates the Texas white-tailed deer, and
utilizes the meat and carcass of the deer to conduct daily traditional
ceremonies. Current law prevents the Kickapoo from conducting religious
and ceremonial rites, as prescribed by Kickapoo religion and tribal
custom, because they are not able to hunt all year long.  H.B. 2159 allows
the Texas Parks and Wildlife Department to issue a year-round license to a
documented member of the Kickapoo Traditional Tribe of Texas for hunting
antlerless white-tailed deer.  

RULEMAKING AUTHORITY

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

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 42.001(1), Parks and Wildlife Code, to include
a member of the Kickapoo Traditional Tribe of Texas who possesses
documentation of membership issued by the Bureau of Indian Affairs as part
of the definition of a "resident."   

SECTION 2.  Amends Section 61.021, Parks and Wildlife, as follows:

 (a)  Makes a conforming change.

(b)  Authorizes a documented member of the Kickapoo Traditional Tribe of
Texas who holds a license under Section 42.002 to  hunt anterless
white-tailed deer for religious ceremonial purposes on any day of the year
between one-half before sunrise and one-half hour after sunset.  Requires
a documented member of the Kickapoo Traditional Tribe of Texas hunting
anterless white-tailed deer under this section to perform certain actions.

SECTION 3.  Amends Section 61.057(a), Parks and Wildlife Code, to make a
conforming change. 

SECTION 4.  Effective date:  upon passage or September 1, 2003.