Posted by:
Scott_McDonald
at Fri Apr 25 07:40:23 2008 [ Email Message ] [ Show All Posts by Scott_McDonald ]
You are correct. Since indigenous venemous reptiles aren't addressed in this statute, they do not fall under the Exotic Controlled Snake statute.
Texas Government Code is not constructed in a restrictive manner; Rather, it is built on a liberal framework. In other words, the Texas Constitution does not proscribe what can/can't be regulated, UNLESS SPECIFICALLY STATED in statute.
If Texas Statutes do not address a regulatory field, it can normally be assumed a local government can step-in, providing for regulation.
Following this logic, and as silly as it may sound, for indigenous venemous ownership queries, the TP&WD White/Black list and local ordinance(s) must be followed.
There are however, some untypical instances where Texas Statutes do NOT address an issue-AND LOCAL GOVERNMENT STILL CANNOT REGULATE BECAUSE OF THE ABSENCE.
These types of situations aren't typical in Texas Statutes; However, an example of restrictive control that specifically leashes local government:
The Texas Alcoholic Beverage Commission, has complete control of what can be regulated at the local level. If there is not:
1. a related statute, local government cannot pass an ordinance.
2. the statute must also give local ordinance power to add ancillary ordinances.
Following this scenario, a local ordinance cannot be passed banning the sale of beer in glass containers, unless the beer bottle is ONLY PART OF AN OVERALL ban of all glass beverage (alcoholic and non-alcoholic) containers.
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RE: Question about TP&W permits etc.. - Scott_McDonald, Fri Apr 25 07:40:23 2008