LEGISLATIVE BUDGET BOARD
Austin, Texas
 
CRIMINAL JUSTICE IMPACT STATEMENT
 
86TH LEGISLATIVE REGULAR SESSION
 
May 11, 2019

TO:
Honorable Charles Perry, Chair, Senate Committee on Water & Rural Affairs
 
FROM:
John McGeady, Assistant Director     Sarah Keyton, Assistant Director
Legislative Budget Board
 
IN RE:
HB489 by Springer (Relating to the use of certain weapons in or on the beds or banks of certain rivers and streams in particular counties.), Committee Report 2nd House, Substituted

The provisions of the bill addressing felony sanctions are the subject of this analysis.  The bill would amend the Parks and Wildlife Code as it relates to weapons and hunting in certain counties.  Under the provisions of the bill, the list of counties where the prohibited discharge of a firearm in certain locations or the prohibited shooting of an arrow in certain locations would be expanded. The bill would also remove a section of the Parks and Wildlife Code and its associated criminal penalties relating to hunting on certain parts of Big Sandy Creek currently punishable as a Class A Parks and Wildlife Code misdemeanor or a Parks and Wildlife Code state jail felony depending on the specific circumstances of the offenses.

A Parks and Wildlife Code state jail felony is punishable by confinement in a state jail for a term not more than two years or less than 180 days and, in addition to confinement, an optional fine not less than $1,500 and not more than $10,000. A Class A Parks and Wildlife Code misdemeanor is punishable by confinement in jail for a term not to exceed 180 days and, in addition to confinement, an optional fine not less than $200 and not more than $2,000.


Reducing the list of behaviors for which a penalty may be applied is expected to result in fewer demands upon the correctional resources of the counties or of the Sate due to a decrease in the number of individuals placed under supervision in the community or sentenced to a term of confinement within state correctional institutions.  In fiscal year 2018, fewer than ten individuas were arrested, placed under felony community supervision, or admitted into state correctional institutions for the offense which would be repealed under the provisions of the bill.  This analysis assumes the provisions of the bill addressing felony sanctions would not result in a significant impact on state correctional populations or the demand for state correctional resources. 





Source Agencies:
LBB Staff:
WP, LM, DGi