HBA-KDB H.B. 3123 77(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 3123
By: Alexander
Ways & Means
3/30/2001
Introduced



BACKGROUND AND PURPOSE 

Under current law, the comptroller of public accounts (comptroller) has the
authority to develop guidelines for use by the chief appraiser in
determining whether land qualifies for wildlife management use.  However,
since technical questions involving wildlife habitat are bound to arise,
the Parks and Wildlife Department (department) may be best equipped to
resolve issues of this nature.  House Bill 3123 requires the department
with the assistance of the comptroller to develop, adopt, and distribute
standards for determining whether land qualifies for wildlife management
use. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that rulemaking
authority is expressly delegated to the Parks and Wildlife Department in
SECTION 1 (Section 23.521, Tax Code) of this bill. 

ANALYSIS

House Bill 3123 amends the Tax Code to require the Parks and Wildlife
Department (department), with the assistance of the comptroller of public
accounts (comptroller), to develop, adopt by rule, and distribute to each
appraisal district standards for use by the chief appraiser in determining
whether land qualifies for wildlife management use.  The bill requires the
Texas Agricultural Extension Service (service), on request of the
department, to assist the department in development of these standards.
Such standards are authorized to establish mandatory minimum acreages a
property owner must use primarily for the purpose of wildlife management,
taking into consideration the activities required for land to qualify for
wildlife management use, the type of indigenous wild animal population the
property owner is propagating, the region in the state in which the land is
located, or any other factors or considerations the department determines
are relevant to the establishment of minimum acreage standards for the
qualification of land for wildlife management use.  The standards may
require the property owner to develop and produce at the chief appraiser's
request for additional information, a written management plan that meets
specifications set forth by the standards.  When determining whether land
qualifies for wildlife management use, the chief appraiser is required to
follow the adopted standards and, when not in conflict with these
standards, the adopted appraisal manuals.  In a hearing to determine
whether land qualifies for wildlife management use, the appraisal review
board is required to follow the adopted standards and, when not in conflict
with these standards, the adopted appraisal manuals. 

The bill repeals the provision that requires the comptroller, with the
assistance of the department or the service, to develop and distribute to
each appraisal district guidelines for use by the chief appraiser in
determining whether land qualifies for wildlife management use. 

EFFECTIVE DATE

September 1, 2001.