C.S.H.B. 2159 78(R)    BILL ANALYSIS


C.S.H.B. 2159
By: Garza
State Cultural and Recreational Resources
Committee Report (Substituted)



BACKGROUND AND PURPOSE 

During the 1600's 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 mean 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 year long.  C.S.H.B. 2159 allows
Texas Parks and Wildlife to issue a year round licence to a documented
member of the Kickapoo Traditional Tribe of Texas for hunting antlerless
white-tailed deer.  

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly grant any
additional rulemaking authority to a state officer, department, agency, or
institution. 

ANALYSIS

C.S.H.B. 2159 amends the 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.   

 C.S.H.B. 2159 allows Texas Parks and Wildlife to issue a year round
licence to a documented member of the Kickapoo Traditional Tribe of Texas
for hunting antlerless white-tailed deer.  

C.S.H.B. 2159 requires that documented member of the Kickapoo Traditional
Tribe of Texas hunting anterless white-tailed deer notify a local game
warden, deputy game warden, or special game warden at least 24 hours prior
to hunting antlerless white-tailed deer. 


EFFECTIVE DATE

This Act takes effect immediately if it receives a vote of two-thirds of
all the members elected to each house, as provided by Section 39, Article
III, Texas Constitution.  If this Act does not receive the vote necessary
for immediate effect, this Act takes effect September 1, 2003. 

COMPARISON OF ORIGINAL TO SUBSTITUTE

SECTION 1. The substitute amends the definition of a resident to include
"a member of the Kickapoo Traditional Tribe of Texas who possesses
documentation of membership issued by the Bureau of Indian Affairs." 

SECTION 2. The substitute replaces SECTION 2 of the original bill with
language amending Section 61.021, Parks and Wildlife Code to include
Subchapter (a) and (b): 
"A documented member of the Kickapoo Traditional Tribe of Texas who holds
a license under Section 42.002 may hunt antlerless white-tailed deer for
religious ceremonial purposes on any day  of the year between one-half
hour before sunrise and one-half hour after sunset.  A documented member
of the Kickapoo Traditional Tribe of Texas hunting  antlerless
white-tailed deer under this subsection shall notify a local game warden,
deputy game warden, or special game warden at least 24 hours prior to
hunting antlerless white-tailed deer and comply with all other provisions
of this code and proclamations adopted under this code." 

SECTION 3. In the substitute this section amends Section 61.057(a), Parks
and Wildlife Code, as follows: 
"(a) Except as provided by Section 61.021 and Subsection (c), no person
may hunt an antlerless deer or antelope in this sate without first having
acquired  an antlerless deer or antelope permit issued by the department
on a form provided by the department." 

SECTION 4. Changes the effective date to read:
This act takes effect immediately if it receives a vote of two-thirds of
all he members elected to each house, as provided by Section 39, Article
III, Texas Constitution.  If this Act does not receive the vote necessary
for immediate effect, this Act takes  effect September 1, 2003.