Texas 2009 - 81st Regular

Texas House Bill HB1965 Compare Versions

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1	1	H.B. No. 1965
2	2
3	3
4	4	AN ACT
5	5	relating to permits to control protected wildlife; providing a
6	6	penalty.
7	7	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
8	8	SECTION 1. Section 43.151, Parks and Wildlife Code, is
9	9	amended to read as follows:
10	10	Sec. 43.151. THREATS TO PUBLIC SAFETY OR DAMAGE BY
11	11	WILDLIFE. [(a)] A person who has evidence clearly showing that
12	12	wildlife protected by this code is causing serious damage to
13	13	commercial agricultural, horticultural, or aquicultural interests
14	14	[or other property], or is a threat to public safety, and who
15	15	desires to kill the protected wildlife shall give written notice of
16	16	the facts to the department [county judge of the county or to the
17	17	mayor of the municipality in which the damage or threat occurs].
18	18	[(b) The county judge or mayor, on receiving the notice,
19	19	shall immediately cause a substantial copy of the notice to be
20	20	posted in the county courthouse or city hall, as applicable, and
21	21	shall notify the department of the location of the property where
22	22	the damage or threat is occurring, the type of damage or nature of
23	23	the threat, and the name of the applicant.]
24	24	SECTION 2. Subchapter H, Chapter 43, Parks and Wildlife
25	25	Code, is amended by adding Section 43.1515 to read as follows:
26	26	Sec. 43.1515. RULES. The commission may adopt rules to
27	27	implement this subchapter, including rules governing:
28	28	(1) reports that must be submitted to the department
29	29	by a person who holds a permit issued by the department under this
30	30	subchapter;
31	31	(2) the reinstatement of a canceled permit and a fee
32	32	for the reinstatement;
33	33	(3) the possession of wildlife resources taken or held
34	34	under this subchapter;
35	35	(4) the circumstances required to qualify for a
36	36	permit; and
37	37	(5) the electronic issuance of permits.
38	38	SECTION 3. Section 43.152, Parks and Wildlife Code, is
39	39	amended to read as follows:
40	40	Sec. 43.152. DEPARTMENT INSPECTION. (a) On receiving
41	41	notice from a person under Section 43.151 [a county judge or mayor],
42	42	the department may [shall] inspect the property and determine if
43	43	damage or a threat to public safety is occurring as alleged in the
44	44	notice.
45	45	(b) If the notice received by the department under Section
46	46	43.151 alleges damage or a threat to public safety caused by mule
47	47	deer, pronghorn antelope, or desert bighorn sheep, the department
48	48	may not issue a permit under Section 43.154 unless the department
49	49	inspects the property and determines whether serious damage or a
50	50	threat to public safety is occurring. [If the damage or threat is
51	51	occurring, the department shall make recommendations to the person
52	52	as are feasible and appropriate for controlling the damage or
53	53	threat.]
54	54	SECTION 4. Section 43.153, Parks and Wildlife Code, is
55	55	amended by amending Subsection (b) and adding Subsection (d) to
56	56	read as follows:
57	57	(b) The application must be in writing, [and] be sworn to by
58	58	the applicant, and [must] contain:
59	59	(1) a statement of facts relating to the damage or
60	60	threat; and
61	61	(2) an agreement by the applicant to comply with the
62	62	provisions of this subchapter and any rules adopted by the
63	63	commission under this subchapter [relating to the disposition of
64	64	the protected wildlife].
65	65	(d) The application must be accompanied by a permit
66	66	application fee of $50 or an amount set by the commission, whichever
67	67	amount is more. Proceeds from the fee shall be deposited in the
68	68	special game, fish, and water safety account.
69	69	SECTION 5. Section 43.154, Parks and Wildlife Code, is
70	70	amended by amending Subsections (a), (b), and (c) and adding
71	71	Subsection (a-1) to read as follows:
72	72	(a) On receipt of an application, the department may issue a
73	73	permit for the killing of wildlife without regard to the closed
74	74	season, bag limit, or means and methods. As soon as practicable,
75	75	but not later than the 10th business day after the date the
76	76	department receives an application, the department shall approve or
77	77	deny the application and, if the application is approved, issue the
78	78	permit.
79	79	(a-1) The department may not issue a permit under this
80	80	section for the killing of mule deer, pronghorn antelope, or desert
81	81	bighorn sheep unless:
82	82	(1) the department has inspected the property and has
83	83	verified that serious damage or a threat to public safety as
84	84	described in the notice under Section 43.151 is occurring;
85	85	(2) the department has made recommendations to the
86	86	applicant regarding ways to minimize the damage or threat; and
87	87	(3) the applicant has made a reasonable effort to
88	88	comply with the recommendations made by the department under this
89	89	section.
90	90	(b) The department shall deliver or mail the permit, if
91	91	issued, to the person requesting the permit or to the regional or
92	92	local office of the department for pickup by the person. The
93	93	department may issue the permit electronically [county judge or
94	94	mayor that sent the notice of damage or threat. The permit may not
95	95	be delivered earlier than 24 hours after the notice from the county
96	96	judge or mayor was received by the department].
97	97	(c) A permit must specify:
98	98	(1) the period of time during which it is valid;
99	99	(2) the area in which it applies;
100	100	(3) the kind and number of wildlife authorized to be
101	101	killed; and
102	102	(4) the persons permitted to kill the noxious
103	103	wildlife.
104	104	SECTION 6. Section 43.155, Parks and Wildlife Code, is
105	105	amended to read as follows:
106	106	Sec. 43.155. DISPOSITION OF WILDLIFE. (a) The holder of a
107	107	permit issued under this subchapter or a person designated by
108	108	Section 43.154(c)(4) who kills wildlife under the authority of the
109	109	permit shall [give the location of the wildlife carcass to the game
110	110	warden or other department employee assigned to the area covered by
111	111	the permit.
112	112	[(b) The game warden or other department employee notified
113	113	shall] dispose of the carcass by donating it to a charitable
114	114	institution, a hospital, a needy person, or any other appropriate
115	115	recipient[, or as directed by the court].
116	116	(b) The permit holder or a person designated under Section
117	117	43.154(c)(4) may not keep or sell any part of the wildlife taken
118	118	under this subchapter, including antlers.
119	119	SECTION 7. Section 43.156, Parks and Wildlife Code, is
120	120	amended to read as follows:
121	121	Sec. 43.156. CANCELLATION OF PERMIT. The department may
122	122	cancel a permit if:
123	123	(1) the permit does not accomplish its intended
124	124	purposes;
125	125	(2) the permit holder fails to submit a required
126	126	report to the department; or
127	127	(3) the permit holder intentionally made false claims
128	128	on the application for the permit.
129	129	SECTION 8. Subchapter H, Chapter 43, Parks and Wildlife
130	130	Code, is amended by adding Section 43.1565 to read as follows:
131	131	Sec. 43.1565. REINSTATEMENT OF PERMIT. The department may
132	132	reinstate a canceled permit if the permit holder submits an
133	133	application for reinstatement in the same manner as required by
134	134	Section 43.153 for an original permit and pays a fee set by the
135	135	commission.
136	136	SECTION 9. Section 43.157, Parks and Wildlife Code, is
137	137	amended by amending Subsection (d) and adding Subsection (e) to
138	138	read as follows:
139	139	(d) Except as provided by Subsection (e), a [A] person who
140	140	violates this section commits an offense that is a Class B Parks and
141	141	Wildlife Code misdemeanor.
142	142	(e) A person who violates a reporting requirement adopted
143	143	under this subchapter commits an offense that is a Class C Parks and
144	144	Wildlife Code misdemeanor.
145	145	SECTION 10. Sections 43.153(c) and 43.157(a), Parks and
146	146	Wildlife Code, are repealed.
147	147	SECTION 11. (a) The change in law made by this Act applies
148	148	only to an offense committed on or after the effective date of this
149	149	Act. For the purpose of this subsection, an offense is committed
150	150	before the effective date of this Act if any element of the offense
151	151	occurs before that date. An offense committed before the effective
152	152	date of this Act is covered by the law in effect when the offense was
153	153	committed, and the former law is continued in effect for that
154	154	purpose.
155	155	(b) The change in law made by this Act applies only to a
156	156	permit under Subchapter H, Chapter 43, Parks and Wildlife Code,
157	157	that is issued on or after the effective date of this Act. A permit
158	158	issued before the effective date of this Act is governed by the law
159	159	as it existed immediately before the effective date of this Act, and
160	160	that law is continued in effect for that purpose.
161	161	SECTION 12. This Act takes effect immediately if it
162	162	receives a vote of two-thirds of all the members elected to each
163	163	house, as provided by Section 39, Article III, Texas Constitution.
164	164	If this Act does not receive the vote necessary for immediate
165	165	effect, this Act takes effect September 1, 2009.
166	166	______________________________ ______________________________
167	167	President of the Senate Speaker of the House
168	168	I certify that H.B. No. 1965 was passed by the House on April
169	169	23, 2009, by the following vote: Yeas 144, Nays 0, 1 present, not
170	170	voting; and that the House concurred in Senate amendments to H.B.
171	171	No. 1965 on May 21, 2009, by the following vote: Yeas 138, Nays 0,
172	172	2 present, not voting.
173	173	______________________________
174	174	Chief Clerk of the House
175	175	I certify that H.B. No. 1965 was passed by the Senate, with
176	176	amendments, on May 18, 2009, by the following vote: Yeas 31, Nays
177	177	0.
178	178	______________________________
179	179	Secretary of the Senate
180	180	APPROVED: __________________
181	181	Date
182	182	__________________
183	183	Governor