HBA-JRA H.B. 857 76(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 857
By: Turner, Bob
State Recreational Resources
3/31/1999
Introduced



BACKGROUND AND PURPOSE 

Currently, any wild animal released is property of the state, regardless of
whether or not the animal was raised in captivity.  The exception to this
is for wild animals released on property licensed as a private hunting
lease.  This may present an inconvenience for trainers of bird hunting dogs
who train dogs on other people's property.  H.B. 857 provides an exception
to the licensing requirement for pen-reared quail released on private
property for the purpose of training bird hunting dogs. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that rulemaking
authority is expressly delegated to the Parks and Wildlife Commission in
SECTION 1 (Section 64.034, Parks and Wildlife Code) of this bill. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Chapter 64, Parks and Wildlife Code, by adding
Subchapter D, as follows: 

SUBCHAPTER D.  TRAINING BIRD HUNTING DOGS

Sec. 64.031.  DEFINITION.  Defines "pen-reared quail."

Sec. 64.032.  QUAIL IN CAPTIVITY; BANDING.  Requires all pen-reared quail
to be permanently banded with a metal or plastic identification band before
being  released for the purpose of training bird hunting dogs. 

Sec. 64.033.  RELEASE AND RECAPTURE.  Authorizes a person to release and
recapture pen-reared quail to train bird hunting dogs only on private
property and provides that a license to do so is not required. 

Sec. 64.034.  RULES.  Authorizes the Parks and Wildlife Commission to adopt
rules necessary to administer this subchapter, including any provision,
limitation, or prohibition necessary to manage and protect game birds
occurring naturally in the wild. 

Sec. 64.035.  HARMING PEN-REARED QUAIL.  Prohibits a person from
intentionally harming or killing pen-reared quail released under this
subchapter. 

Sec. 64.036.  PENALTY.  Provides that a person who violates this subchapter
or a rule adopted under this subchapter commits a Class C Parks and
Wildlife Code misdemeanor. 

SECTION 2.  Effective date: September 1, 1999.

SECTION 3.  Emergency clause.