C.S.S.B. 236 78(R)    BILL ANALYSIS


C.S.S.B. 236
By: Fraser
State Cultural and Recreational Resources
Committee Report (Substituted)



BACKGROUND AND PURPOSE 

The current law does not allow landowners to hunt depredating animals,
such as feral hogs, or to protect their land from such animals without
first purchasing a hunting license from the State of Texas. Feral hogs
have been destroying farmland across the State by causing physical damage
to crops and by creating large divots in the land, which in turn depletes
the monetary value of the property. C.S.S.B. 236 will allow  landowners,
landowners' agents and residents who lease land to take feral hogs that
are damaging the property. 

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.S.B. 236 amends the heading to Section 42.002, Parks and Wildlife
Code, by adding "EXEMPTION."  

C.S.S.B. 236 amends the Parks and Wildlife Code by adding as an exception
that a resident and non resident landowner or landowner's agent or lessee
may take feral hogs causing depredation on the landowner's land without
having acquired a hunting license. 

C.S.S.B. 236 amends the Parks and Wildlife Code by providing that nothing
prevents a landowner or landowner's agent or lessee from taking feral hogs
causing depredation on the landowner's land without having acquired a
permit under the provisions of this bill. 

EFFECTIVE DATE

This Act takes effect September 1, 2003.


COMPARISON OF ORIGINAL TO SUBSTITUTE

SECTION 1 of the original bill was changed in the substitute by amending
the heading of Section 42.002, Parks and Wildlife Code. 

SECTION  2 of the substitute differs from the original by excluding the
terms "authorized employee" and "member of a landowner's household." The
substitute keeps the term "landowner's agent" and adds "lessee." The
substitute also removes coyote from the bill. The substitute differs from
the original by allowing a landowner or the landowner's agent to "take"
feral hogs causing depredation to the landowners property without having
acquired a hunting license. 

SECTION 3 of the substitute provides an exception, not included in the
original, for a nonresident landowner or the landowner's agent to take
feral hogs causing depredation on the nonresident landowner's land without
having acquired a hunting license. 

 SECTION 4 of the substitute provides clarification, not included in the
original, that a permit is not required to "take" a feral hog causing
depredation.