HBA-JRA C.S.H.B. 857 76(R)BILL ANALYSIS Office of House Bill AnalysisC.S.H.B. 857 By: Turner, Bob State Recreational Resources 3/31/1999 Committee Report (Substituted) 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. C.S.H.B. 857 establishes a license to train bird hunting dogs with pen-reared quail, which allows for the release of pen-reared quail on private property, and sets forth licensing requirements and fees. 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) and that rulemaking authority previously delegated to the Texas Parks and Wildlife Department is modified in SECTION 1 (Section 64.032, 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 band before being released for the purpose of training bird hunting dogs. Prohibits the Parks and Wildlife Department (TPWD) from prescribing any requirement for the banding of pen-reared quail. Authorizes TPWD to require a person who releases pen-reared quail under this subchapter to provide proof of purchases of the pen-reared quail to the game warden. 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. Prohibits any person from releasing and recapturing pen-reared quail without a bird dog trainer license. Provides that any nonbanded quail that is captured must be immediately released into the wild. Provides that a device used to recapture banded pen-reared must have a tag attached to it that is constructed of material that is as durable as the device. Provides that the tag must be legible, and contain the name, physical address, phone number, and bird dog trainer license number of the licensee. Sec. 64.034. ISSUANCE OF LICENSE; FEE; VALIDITY. Requires TPWD to issue a license for training bird hunting dogs with pen-reared quail in the name of the person who will train bird hunting dogs. Requires the Parks and Wildlife Commission (commission) to set the fee for a bird dog trainer license at an amount necessary to recover the administrative costs incurred by TPWD in issuing the license. Provides that the license is valid in any county in state from September 1 or another date set by the commission through August 31 of the next year or another date set by the commission. Authorizes the commission, by rule, to set the amount of a license fee for a license issued during a transition period at a lower amount and provide for a license term that is shorter or longer than a year. Provides that a bird dog trainer license application must include the name and address of the applicant on a form prescribed by TPWD. 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. COMPARISON OF ORIGINAL TO SUBSTITUTE The substitute modifies the original in SECTION 1 by adding a new Subsection (b) to proposed Section 64.032, to prohibit the Texas Parks and Wildlife Department (TPWD) prescribing by rule any requirement for the banding of pen-reared quail. The substitute also adds a new Subsection (d) to proposed Section 64.032, to authorize TPWD to require a person who releases pen-reared quail to provide proof of purchase of such quail to a game warden. The substitute modifies the original in SECTION 1 by adding Subsections (d), (e), and (f) to proposed Section 64.033 and adding new proposed Section 64.034 to establish a license and licensing requirements and fees for training dogs with pen-reared quail, rather than providing an exception to the rule that wild animals may only be released on property licensed as a private hunting lease.