Here is the email I sent to Gallego's office:
Ms. Frolow,
As I’m sure you’re now aware, your correspondence with Mrs. Engeldorf of Sanderson has been forwarded on to the Herping (Reptile and Amphibian Enthusiast) Community. After reading the explanation sent to you from Representative Isett’s office, a few questions come to mind. First the text of the communication:
“The purpose of the bill is to prevent people from outside of the state to come to rural Texas and take reptiles out of Texas back to their home states. Texas Parks and Wildlife contacted the office regarding the bill. They said this has been a big problem and has caused the population of reptiles in certain areas to decrease. The intent of the bill is to preserve certain species of reptiles. “
While the purpose of the bill may be as stated above, the effect of the bill will be to cause Texas residents and nonresidents alike to be unable to enjoy the pursuit of reptiles and amphibians along Texas roadways and right of ways. If the purpose of the bill was to close Texas to non-resident collecting, the bill should have been written with that specifically in mind.
Second, if Texas Parks and Wildlife contacted Representative Isett’s office, I believe this to be a violation of the rules prohibiting state agencies from legislative lobbying:
§ 556.006. Legislative Lobbying
(a) A state agency may not use appropriated money to attempt to influence the passage or defeat of a legislative measure.
(b) This section does not prohibit a state officer or employee from using state resources to provide public information or to provide information responsive to a request.
Furthermore, if anyone at Texas Parks and Wildlife stated that collecting snakes from a roadway was a “big problem” and that “populations of reptiles in certain areas” were decreasing, then they were speaking without data, because there is no data to support this contention. In fact, TPWD Wildlife Diversity Director Matt Wagner, in addressing the TPWD Commissioners in January of this year regarding proposed changes to the current Nongame Commercial Permit system stated, “we have no data on most species of reptiles or amphibians in Texas”. As some one who is intimately familiar with the scientific literature regarding reptiles and amphibians, I know of only a handful of studies regarding populations of reptiles and their responses to collection pressure – Fitzgerald and Painter’s study of Texas Rattlesnake round-ups was inclusive and could not detect any declines in rattlesnake populations – a species, I might add, which is under far greater pressure from collectors than any other in Texas. Other studies have reported declines in turtle populations from certain Texas rivers – and with that in mind, the TPWD is currently taking regulatory steps to close the trade in most Turtle species. In other words, TPWD is closing the trade in the one group of Texas Reptiles that has been scientifically demonstrated to be impacted by commercial activity.
HB 2414 does not do anything other than to curtail the safe and reasonable activities of currently law-abiding Texans and visitors to our state. Were HB 2414 to be passed, it would severely impact many businesses (such as the hotel run by the Engeldorf family in Sanderson), especially during the summer off-season. Please encourage Representative Gallego to not support this bad piece of legislation.
Sincerely,
Troy Hibbitts
Texas Herpetological Society
Past-President
Current liason to TPWD
Camp Wood, Texas
And one I sent to Isett's office
Representative Isett,
Today, I recieved a copy of a correspondence from Representative Gallego's office and Mrs. Ruth Engeldorf of Sanderson regarding the reasons behind HB 2414. After reading the explanation sent from your office to Representative Gallego’s office, a few questions come to mind. First the text of the communication:
“The purpose of the bill is to prevent people from outside of the state to come to rural Texas and take reptiles out of Texas back to their home states. Texas Parks and Wildlife contacted the office regarding the bill. They said this has been a big problem and has caused the population of reptiles in certain areas to decrease. The intent of the bill is to preserve certain species of reptiles. “
While the purpose of the bill may be as stated above, the effect of the bill will be to cause Texas residents and nonresidents alike to be unable to enjoy the pursuit of reptiles and amphibians along Texas roadways and right of ways. If the purpose of the bill was to close Texas to non-resident collecting, the bill should have been written with that specifically in mind.
Second, if Texas Parks and Wildlife contacted your office, I believe this to be a violation of the rules prohibiting state agencies from legislative lobbying:
§ 556.006. Legislative Lobbying
(a) A state agency may not use appropriated money to attempt to influence the passage or defeat of a legislative measure.
(b) This section does not prohibit a state officer or employee from using state resources to provide public information or to provide information responsive to a request.
Furthermore, if anyone at Texas Parks and Wildlife stated that collecting snakes from a roadway was a “big problem” and that “populations of reptiles in certain areas” were decreasing, then they were speaking without data, because there is no data to support this contention. In fact, TPWD Wildlife Diversity Director Matt Wagner, in addressing the TPWD Commissioners in January of this year regarding proposed changes to the current Nongame Commercial Permit system stated, “we have no data on most species of reptiles or amphibians in Texas”. As some one who is intimately familiar with the scientific literature regarding reptiles and amphibians, I know of only a handful of studies regarding populations of reptiles and their responses to collection pressure – Fitzgerald and Painter’s study of Texas Rattlesnake round-ups was inclusive and could not detect any declines in rattlesnake populations – a species, I might add, which is under far greater pressure from collectors than any other in Texas. Other studies have reported declines in turtle populations from certain Texas rivers – and with that in mind, the TPWD is currently taking regulatory steps to close the trade in most Turtle species. In other words, TPWD is closing the trade in the one group of Texas Reptiles that has been scientifically demonstrated to be impacted by commercial activity.
HB 2414 does not do anything other than to curtail the safe and reasonable activities of currently law-abiding Texans and visitors to our state. Were HB 2414 to be passed, it would severely impact many businesses (such as the hotel run by the Engeldorf family in Sanderson), especially during the summer off-season. Although your office introduced this bill, I would encourage you to consider not supporting it in its current language.
Sincerely,
Troy Hibbitts
Texas Herpetological Society
Past-President
Current liason to TPWD
Camp Wood, Texas
