BILL ANALYSIS

C.S.H.B. 2649

By: Herrero

Culture, Recreation & Tourism

Committee Report (Substituted)

BACKGROUND AND PURPOSE

The Parks and Wildlife Department (TPWD) maintains regulations for fair and humane fishing and hunting practices within the state. To facilitate better wildlife management, TPWD also issues permits for trapping, transporting, and transplanting game animals and game birds. Interested parties note that, under current law, if a permit holder violates a reporting requirement associated with the permit for trapping, transporting, and transplanting a white-tailed deer, the permit holder can be charged with a Class B Parks and Wildlife Code misdemeanor, which is punishable by a maximum $2,000 fine, jail time, or both. Other deer reporting requirement violations, however, are punishable as Class C misdemeanors, which have a lower maximum fine and no jail time.

C.S.H.B. 2649 seeks to enhance uniformity throughout the Parks and Wildlife Code and align the penalties for similar offenses by reducing the punishment for violating certain rules or permit terms under a permit to trap, transport, and transplant certain animals.

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. 2649 amends the Parks and Wildlife Code to decrease from a Class B Parks and Wildlife Code misdemeanor to a Class C Parks and Wildlife Code misdemeanor the penalty for violating a rule relating to a reporting requirement for a permit to trap, transport, and transplant game animals and game birds, a permit to trap, transport, and transplant urban white-tailed deer, or a permit to trap, transplant, and process surplus white-tailed deer and the penalty for violating  a term of such a permit that relates to a reporting requirement.

EFFECTIVE DATE

On passage, or, if the bill does not receive the necessary vote, September 1, 2013.

COMPARISON OF ORIGINAL AND SUBSTITUTE

C.S.H.B. 2649 differs from the original in minor or nonsubstantive ways by conforming to certain bill drafting conventions.