HBA-NIK H.B. 1947 76(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 1947
By: Staples
State Recreational Resources
4/9/1999
Introduced



BACKGROUND AND PURPOSE 

Current law provides, in effect, that no person may take, sell, purchase,
or possess a fur-bearing animal, pelt, or carcass in this state, unless the
person has a hunting or trapping license from the Parks and Wildlife
Commission.  However, the Parks and Wildlife Code explicitly does not
prohibit a landowner or his agent from taking a fur-bearing animal causing
depredation on that person's land. The meaning of "taking" may be unclear
in this context, and for that reason the scope and applicability of this
exemption may not be clear either.  H.B. 1947 clarifies that a landowner or
the landowner's agent does not need to have a hunting or trapping license
if the fur-bearing animal is causing depredation on the landowner's land. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 71.004(a), Parks and Wildlife Code, as follows:  

(a)  Authorizes a landowner or the landowner's agent to take a fur-bearing
animal that is causing depredation on the landowner's land without having a
hunting or trapper's license issued under this code. 

SECTION 2.  Effective date: September 1, 1999.

SECTION 3.  Emergency clause.