BILL ANALYSIS

Senate Research Center	S.B. 1468
	By: Springer
	Water, Agriculture & Rural Affairs
	4/20/2023
	As Filed

AUTHOR'S / SPONSOR'S STATEMENT OF INTENT

Under current law, Texas Parks and Wildlife Department (TPWD) employees do not have the authority to euthanize wild animals. These trained employees should be allowed to euthanize an animal that endangers public safety. These decisions need to be made in a timely manner, as they have the potential to save lives.

This bill gives TPWD employees the authority to euthanize a wild animal that poses a threat to public. This bill also allows nonaffiliates of TPWD to euthanize an animal under the supervision of a TPWD employee. 

As proposed, S.B. 1468 amends current law relating to the taking of wildlife by an employee of the Parks and Wildlife Department or by a person or agent of the person on the person's property.

RULEMAKING AUTHORITY

Rulemaking authority is expressly granted to the Texas Parks and Wildlife Commission in SECTION 1 (Section 12.013, Parks and Wildlife Code) of this bill.

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Section 12.013, Parks and Wildlife Code, by amending Subsection (a) and adding Subsections (c), (d), (e), and (f), as follows:

(a) Authorizes an employee of the Texas Parks and Wildlife Department (TPWD) acting within the scope of the employee's authority to possess, take, transport, release, and manage any of the wildlife and fish in this state for certain purposes, including public safety.

(c) Authorizes an employee of TPWD acting within the scope of the employee's authority to discharge a firearm to take wildlife on a public road or right-of-way if the wildlife is:

(1) mortally injured; or

(2) behaving in a manner consistent with the wildlife being diseased.

(d) Authorizes a person or agent of the person, except as provided by Subsection (e), to take wildlife on the person's property if the person:

(1) has written authorization from TPWD; and

(2) is participating under the supervision of a TPWD employee in a program or event designated by the director of TPWD as being conducted for the diagnosis, management, or prevention of a disease in wildlife.

(e) Provides that Subsection (d) does not apply to a person or agent who is a TPWD employee.

(f) Authorizes the Texas Parks and Wildlife Commission to adopt rules to implement Section 12.013 (Power to Take Wildlife; Fish).

SECTION 2. Amends Section 62.0031(b), Parks and Wildlife Code, as follows:

(b) Provides that Section 62.0031 (Hunting From Public Road or Right-of-Way Prohibited) does not apply to the trapping of a raptor for educational or sporting purposes as provided by Chapter 49 (Falconry Permit) or to an employee of TPWD taking wildlife as provided by Section 12.013(c).

SECTION 3. Amends Section 42.01, Penal Code, by adding Subsection (e-1) to provide that it is an exception to the application of Subsection (a)(9) (relating to providing that a person commits an offense if he intentionally or knowingly discharges a firearm on or across a public road) that, at the time the person engaged in conduct prohibited under that subdivision, the person was an employee of TPWD acting within the scope of the employee's authority under Section 12.013(c), Parks and Wildlife Code.

SECTION 4. Makes application of this Act prospective.

SECTION 5. Effective date: September 1, 2023.