BILL ANALYSIS

C.S.H.B. 1500

By: King, Tracy O.

Culture, Recreation & Tourism

Committee Report (Substituted)

BACKGROUND AND PURPOSE

Under current law, the hunting or collecting of reptiles and certain insects from Texas roadsides or right-of-ways is prohibited. 

C.S.H.B. 1500 creates an exception for the capture, trapping, or hunting of a reptile, amphibian, or insect from the prohibition against hunting a wild bird or animal from a public road or right-of-way.  The bill grants rulemaking authority to the Parks and Wildlife Commission.

RULEMAKING AUTHORITY

It is the committee's opinion that rulemaking authority is expressly granted to the Parks and Wildlife Commission in SECTION 1 of this bill.

ANALYSIS

C.S.H.B. 1500 amends the Parks and Wildlife Code to make an exception for the capture, trapping, or hunting of a reptile, amphibian, or insect from the prohibition against hunting a wild animal or bird when a person is on a public road or right-of-way. The bill authorizes the Parks and Wildlife Commission to adopt rules governing the safe participation in such activities as well as the safe participation in the trapping of a raptor for educational or sporting purposes. The bill prohibits the prosecution of a person for conduct that involves the capture, trapping, or hunting of a reptile, amphibian, or insect from a public road or right-of-way after the effective date of the bill and provides that if a criminal action is pending for such conduct on the effective date of the bill, the action is dismissed on that date. The bill clarifies that a final conviction for such conduct that exists on the effective date of the bill is unaffected by the bill's provisions.

EFFECTIVE DATE

On passage, or, if the act does not receive the necessary vote, the act takes effect September 1, 2009.

COMPARISON OF ORIGINAL AND SUBSTITUTE

C.S.H.B. 1500 adds a provision not in the original to authorize the Parks and Wildlife Commission to adopt rules governing the safe participation in the capture, trapping, or hunting of a reptile, amphibian, or insect and the trapping of a raptor for educational or sporting purposes by a person on a public road or right-of-way.