BILL ANALYSIS

C.S.H.B. 1786

By: Kuempel

Culture, Recreation & Tourism

Committee Report (Substituted)

BACKGROUND AND PURPOSE

Deer management permits and trap, transport, and transplant permits are essentially landowner tools for deer management, propagation, and hunting that result in enhanced hunting activities. According to Texas Commissioner of Agriculture Todd Staples, these activities contribute over $2 billion to the economy annually and support over 18,000 jobs. In 2007, the Parks and Wildlife Department (PWD) increased fees for trap, transport, and transplant permits from $180 for an individual permit, which included multiple release sites, to $750 per release site, resulting in, for example, an individual's fees for 10 sites increasing from $180 to $7,500.  Renewal fees for deer management permits were increased from $600 to $1,000.  Although the fee change was posted according to legal requirements, many permit-holders affected by the fee increase felt they had not received sufficient notification.  The fee increase potentially deterred participation in the programs and potentially interfered with a participant's ability to grow or continue in business.

C.S.H.B. 1786 requires the PWD to provide at least 90 days notice of permit fee increases to certain permit-holders if the proposed fee increase is at least two times the current fee in effect.  Such notice would better prepare permit-holders to address the impact to the PWD or better prepare permit-holders for consequences to their businesses.

RULEMAKING AUTHORITY

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

ANALYSIS

C.S.H.B 1786 amends the Parks and Wildlife Code to require the Parks and Wildlife Department to provide written notice to a person who holds an unexpired permit or held a permit in the preceding year issued by the department at least 90 days before the date on which the amount of the fee for that type of permit is proposed to increase. The bill makes its provisions applicable only to a person who holds or held a permit for trapping, transporting, and transplanting game animals and game birds, a deer breeder's permit, or a deer management permit issued by the department. The bill requires the department to provide such written notice only if the proposed permit fee amount is at least two times the amount of the fee in effect for a permit of that type.

EFFECTIVE DATE

September 1, 2009.

COMPARISON OF ORIGINAL AND SUBSTITUTE

C.S.H.B. 1786 differs from the original by clarifying that the Parks and Wildlife Department is required to provide written notice of a proposed fee increase to a person who holds an unexpired permit or held a permit in the preceding year issued by the department under provisions relating to permits for trapping, transporting, and transplanting game animals and game birds, breeding deer, or managing deer, rather than to a person who holds a permit issued by the department under provisions relating to special licenses and permits as in the original.  The substitute requires the department to give such written notice only if the proposed permit fee amount is at least two times the amount of the fee in effect for such a permit, rather than three times the amount as in the original.  The substitute removes a provision from the original excepting from the notice requirement a proposed fee increase for a license or other authorization issued by the department under provisions relating to special licenses and permits.