Reptile & Amphibian Forums

Today, an "amended" version of HB 2414 (no hunting right of ways) passed the house. The actual language of the amended version of the bill has not be published yet, but it is probably safe to assume that the amended version reads "wildlife" instead of game.

At this point, what everyone who herps in Texas along roads needs to do is to bombard the Senate and Lt. Governor's office with emails aimed to either stopping or altering this bill.

Contact info for these offices is below, as is my sample letter to the senators/Lt.Governor.

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
Contact info

To find your state senator, go to:

http://www.senate.state.tx.us/75r/Senate/Members.htm#FYI

Also, please contact the Lt. Governor at:

http://www.ltgov.state.tx.us/Contact/?PHPSESSID=ab85df0a44c9c1b11762796038905837

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
Sample Letter

I am writing today to express my reservations in regards to the recently passes HB 2414, “BILL TO BE ENTITLED AN ACT relating to hunting from public roads or rights-of-way”. Upon first reading, this bill seems perfectly reasonable – it is inappropriate and unsafe for persons to hunt WITH A FIREARM from a public roadway or right-of-way. However, a the committee hearings on 3/27/07 a motion was made to amend the phrase “game animal, wild fowl, or bird” to read “wildlife”. Today, the "amended" version of this bill was passed (exact language has not been reported). This bill, if written to read "wildlife" instead of game animal would make illegal the pursuit for live capture of a variety of native reptiles and amphibians, because Texas Parks & Wildlife Code current defines hunt very broadly to be simply “the pursuit with the intent to capture or kill”. Therefore, the simple act of driving down the roadway, stopping safely off the road, and picking up a snake would be illegal under the proposed legislation, if this bill passes the Senate.

“Road-cruising” in search of snakes (e.g. driving slowly down a back country road at night or in the morning or late afternoon hours in search of snakes basking on the roadway) is a time-honored method cited by many authors as the best way to make observations or captures of snakes and other reptiles. Both major Peterson’s series field guides suggest this method to search for reptiles and amphibians. Furthermore, the roadways of Texas are one of the few places that a reptile or amphibian enthusiast can view or capture these animals in Texas, owing to the fact that most of the state consists of inaccessible private land holdings. In addition, the legislation in question would also prohibit hiking along right-of-ways and searching under roadside rocks for reptiles or amphibians hiding underneath.

Reptile and Amphibian enthusiast in Texas would support a sensible law prohibiting hunting with a firearm along public roadways and right of ways, however this law does not discriminate between dangerous "hunting with a gun or bow" from the harmless pursuit of reptiles & amphibians. If this bill is to be passed, please consider amending HB 2414 to include a subsection that would read “it shall be legal to pursue or capture reptiles and amphibians from public roadways or right-of-ways in Texas by hand or non-lethal device such as “snake hooks”, “tongs”, or “lizard noose”, with or without the aid of artificial lighting device.”

Sincerely,
Troy Hibbitts
Texas Herpetological Society liason to TPWD
Camp Wood, TX

I have thought about this... This strategically keeps us from doing what we do and it allows Rattlesnake hunters to do what they do...

I guess we go back doing what we have for years... Find a Tarantula, put it in a cup and then look for snakes...

I don't think Tarantula's are Wildlife. But hey, I could be wrong.

Either way I am going to look for snakes. Along cuts, roads, whatever...

Steven

although the gassing of dens gets a lot of the press, fitzgerald & painter's study show that a significant portion of rattlesnakes in the skin trade come from road-collected snakes. A lot of the guys that win the "most rattlesnakes brought in" awards at round ups win it by collecting from the road all year . . . so, it will technically impact them . . . not that I think most game wardens would bother someone just collecting atrox for a roundup (but then again, maybe I'm just being cynical).

Troy

Actually Steven, because many of the dens have long been "tapped out" a LOT of the rattlers at these roundups come from road hunting-sometimes far away from the site of the festivities!

Brad Chambers

Thanks Troy-my own personalized letters are already on the way. This would be a true disaster for texas herpers. There's no excuse for ANY of us to sit this one out!

As an aside, I would also point out that this language would put a major constraint on the activities of hunters involved in rattlesnake roundups-a subject near and dear to the hearts of many Texas politicians!

Brad Chambers

I would assume the "amended" part of this bill is somewhere in public records. Who can get there paws on it?

Do we have anybody down there in person voicing concern over the way this is turning? I watched the videos of the last deal down in Austin which seemed to go well, but so far have seen few people bother to look up and notice this thing here.

And yes, I did send several letters out, but unless lots of us do the same thing it will not be taken seriously.... So everybody step up and spend a few minutes making yourself heard. Have your friends, family and even willing strangers put together a letter to support the future of herping in Texas.

If we let this pass in a way that covers herps it will be like a part of Texas died.

I think I will turn in for the night now, and let myself hope the amended part is the one Troy is shooting for..... That would be nice, a mentioned justification in TP&W code, instead of us just skating around the edge of things and not really understood.

Lance

Troy,
I've already sent my letters. I work at the San Antonio Zoo so i'll inform the reptile dept about it, if they don't already know. This would, for lack of a better term, SUCK if this does pass. Do we know when the senate is going to vote on it? I guess if it does pass it will save me a lot of money and car mileage, but i'll also not have much to keep me here in Texas.

Good Luck Everyone,
Nathan

While I hate to make common cause with "the enemy", I just sent out an FYI to the Sweetwater Jaycees . . .

http://www.rattlesnakeroundup.net/main/modules/liaise/index.php?form_id=1

I'm going to try contacting the Freer Roundup as well.

Troy

However distasteful this may be . . .

freer round up contact:

freercofc@sbcglobal.net

Troy

Do you have the info on Sweetwater?

Everybody that can get back into the same corner on this is our best friend right now.

Lance

Here is the link to the Sweetwater Jaycees contact page

http://www.rattlesnakeroundup.net/main/modules/liaise/index.php?form_id=1

Troy

Sec.A62.102. CONTROLLED KILLING OF OR ATTEMPTING TO INJURE
DANGEROUS WILD ANIMAL PROHIBITED.AANo person may:
(1)AAkill or attempt to injure a dangerous wild animal
that is:
(A)AAin captivity in this state;

Why isn't this violated by roundups? Forgive my ignance...I'm not yet a college grad.

Back in my High School days I was interested in falconry. If I remember correctly the standard protocol for trapping a bird was to drive down a road and toss your trap beside the road. If they are not allowed to collect their bird along a road way they could be in trouble as well.

Webpage: texashawking.org

president "at" texashawking.org

editor "at" texashawking.org

Just wondering what we have on our plate here..

Lance

Scanned in all the documents and got them on the way today.... But in the shadow of this HB 2414 it feels like a mole hill to me now.

If anybody wants a soft copy of the email collection just let me know.

LanceBenton [AT] sbcglobal [D0T] net..

Here is the text of the bill as it appears today on this website: http://www.legis.state.tx.us/BillLookup/History.aspx?LegSess=80R&Bill=HB2414

80R7773 TAD-F

By: Isett H.B. No. 2414

A BILL TO BE ENTITLED
AN ACT
relating to hunting from public roads or rights-of-way.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 62.001, Parks and Wildlife Code, is
amended by adding Subdivision (3) to read as follows:
(3) "Public road or right-of-way" means a public
street, alley, road, right-of-way, or other public way, including a
berm, ditch, or shoulder.
SECTION 2. Subchapter A, Chapter 62, Parks and Wildlife
Code, is amended by adding Section 62.0031 to read as follows:
Sec. 62.0031. HUNTING FROM PUBLIC ROAD OR RIGHT-OF-WAY
PROHIBITED. A person may not hunt a game animal, wild fowl, or bird
when the person is on a public road or right-of-way.
SECTION 3. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2007.

Does anybody know if this is the original or the amended version. Also I believe the retile hunting license (157 nonresident year long) I normally buy is called a small-game license. Would small game be the same as game animal?

that's the original language.

the "small game license" you buy is the one you need to hunt reptiles - it lacks deer tags, etc. Basically, you can hunt anything with this except those game animals which require tags (deer/turkey).

Troy