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HB 2414 Actions & Ideas Review

OHI Apr 17, 2007 05:05 AM

Actions & Ideas
1. Write Carl Isett
2. Write members of Cultural Recreation & Tourism Committee
3. Write your representatives
4. Write all representatives
5. Write all House members
6. Write all Senate members
7. Write Lieutenant Governors
8. Get Freer & Sweetwater Roundup involved
9. Have friends, families & strangers write in
10. Send a representative to Austin
11. Contact zoo personnel
12. Send letters, e-mails, faxes, and call representatives
13. Those with websites include information about this and how to take action
14. Land owners and realtors might be concerned over loss of land sales. Ken Benfield, Bill Cope, and Roy Engeldorf bought land in west Texas for purpose of road cruising for herps.
15. Leave messages with representatives about opposition
16. Call and talk to representatives
17. Have meetings with representatives
18. Send delegation to Austin
19. Local business people need to contact their representatives to oppose bill
20. Contact media outlets
21. Contact Chamber of Commerce in all west Texas towns.
22. Get research study that says snake hunter dollars were insignificant
23. Inform professional herpers. Post on PARC again?
24. Support Representative Farabee’s HJR 70
25. Fax committee, speaker, governor, lieutenant governor and bill author
26. Get transcript of committee meeting about this bill
27. We need to reach the committee that sets the bill on the House floor for a vote and get them to push back the introduction as far as possible.
28. TPWD violated their (legislatively) neutral stance and lobbying statute. We need to pursue this. Robert McDonald, based on Troy’s having been there, needs to be fired for violating above.
29. We were not informed about this bill. Is the Texas legislature supposed to inform stakeholders about impending legislation that affects them?
30. Meet to decide course of action
31. We need a representative group to tackle this
32. Get Ken Magnuson involved in this
33. Pete Gallego admitted TPWD initiated the change in language, thus they violated statute. We need to pursue this.
34. We want the study that shows that collectors have “caused the population of reptiles in certain areas to decrease.”
35. Get an attorney
36. File a lawsuit
37. Set up a fund for donations to fight this bill
38. Out-of-staters contact your local representatives and explain that Texas is trying to ban reptile sportsmen in Texas and that you are a reptile sportsman. Explain that deer and turkey hunters come from out of state to hunt in your state and this needs to be a similar arrangement
39. Tell your representatives you will vote against them next election if they vote for this bill
40. Start a petition
41. We need to send nasty messages to TPWD and the legislators demanding our rights to hunt herps from the road
42. Meet with Chamber of Commerce and explain why this bill is bad for their community
43. When talking with Chambers of Commerce, local representatives and state representatives, break down all the money you spend to pursue this hobby
44. Local West Texas businesses that appreciate our business should be informed to take action
45. Monitor senate committees for companion bill
46. We should be protective and open up discussion with TPWD just like other “sportsmen” groups do all the time
47. Hire an experienced lobbyist in Austin
48. What about Ken Magnuson for a lobbyist?
49. Make a list of states that allows road cruising for herps
50. If raptor people are exempt, so should herp people. Work this angle.
51. If herpers hunting on roads is a safety issue, then why are raptor trappers not a safety issue? Work this angle.
52. We want data and studies they keep citing
53. If safety issue comes up, use examples of more dangerous things we don’t ban: Dogs, cars, alcohol, lightening, etc.
54. Contact universities – herp research could be impeded. We collect data specimens. Push this point.
55. Academia and TPWD can make comments as private citizens all day long.
56. Join Texas Herp Society to make it bigger and be more influential.
57. Be a thorn in the side of TPWD and legislators so we can get this blocked
58. We need a national organization that fights for herper rights.
59. Contact all local and national herp societies.
60. Contact all professional herpetologists and other scientists that may be affected by this.
61. Place announcements & activism information on all herp websites in all categories.
62. It’s already illegal to discharge a firearm on a public right-of-way.
63. We need a central location for contact information.
64. Contact ranchers about TPWD wanting more discretion to search people & vehicles?
65. Everyone e-mail FOIFT.org and ask for all information about this bill, including the names of all “players.”
66. Appeal to TPWD to put in exemption for herpers like they did for falconers.
67. Ask for an exemption for rattlesnakes. This should be supported by Jaycees and Chamber of Commerce.
68. I do not want my child arrested at a rest stop for chasing a lizard.
69. Collect and start a database that has everyone’s herping expenses in it and use this to present to legislators.
70. Someone work with local motels’ and businesses to see if they can show increased revenue during full moon and new moon.
71. Call Carl Isett’s office and ask for Matt two or more times a day and tell them you oppose HB2414
72. Use results from roadkill papers to allow rescue of herps that will be placed in a captive “safety net” population.
73. Call senators and oppose bill.
74. Bombard Senator Naishat with e-mails and letters.
75. If it passes, get a lawyer and try to get the bill declared unconstitutional.
76. Get TV interview about this bill.
77. We need study showing wildlife collection on public roads is for commercial purposes.
78. Roads are not wildlife sanctuaries. They are death zones. We rescue herps.
79. Write or call Brian Sasser, investigative reporter at KPRC TV in Houston, (713)778-4965, office; (713-771-4930, fax.
80. Compile a list of people who oppose this bill so we know how many numbers we have fighting this thing.
81. People who live close to Austin need to personally start visiting the players in this thing and showing opposition in person.
82. We need an organized group effort.
83. We need a detailed contact list for politicians, retailers and herpers.
84. We need a legal/lobby fund.
85. We need a well-written petition.
86. We need to create some fact-based documentation of the financial impact of road cruising for herps.
87. We need a central clearinghouse for information about this bill and the fight against it.
88. We need a group of delegates that can appear as needed and where needed.
89. I believe one path towards solving this impasse on the legislation is to remove our selfish desires about losing rights and privileges from the equation and instead focus back on the animals themselves.
90. This legislation will prevent herpers from documenting the distribution of herps in this state.
91. This legislation will prevent the acquisition of DOR herp specimens for natural history museums.
92. People should be spending a lot more time off the forum and working on opposing this bill.
93. We need an e-mail based fax server somewhere that we can all use from home.
94. I am going to draft letters to rural constituencies that focus more on the limitations to ranchers, etc. I will touch on the other stuff.
95. To the person who represents Sweetwater and Freer, I will focus on the roundup.
96. To persons that represent urban areas, I will focus on wildlife management concerns and vacation/hobbyist concerns.
97. Everyone needs to submit a Public Information Act request. We need a list of people we want to submit this on.
98. Creation of a Word document with names and addresses of all house and senate representatives that can be printed onto a standard Avery 5160-style mailing label.
99. Post information on all taxa forums on Kingsnake.com
100. Avery 5160 labels available at TheHibbitts.net/troy/pdfs/Texas.Legislature.contacts.doc. And the same as above but .PDF instead of .doc.
101. We need organization.
102. Post wording for petition and organize signing campaign.
103. Continue adding names to the List of Reps For & Against HB 2414.
104. Continue creating list of Texas residents and their representatives.
105. When directing comments at the fence-sitters or supporters of this legislation, I think we need to focus on the loss of knowledge about herps and how that will affect our ability to create sound management decisions about these populations.
106. Discuss protecting the ability of future generations to enjoy these populations.
107. We need to mount a campaign to run Carl Isett out of office.
108. We need to support HJR 70.
109. Produce a pro-herping video.
110. Don’t bombard Isett’s office. Spend time on other representatives.
111. We need a list of all the herpers in Texas.
112. All out-of-staters still need to send letters to representatives expressing the financial contribution of your tourism dollars, and that you are not a high-impact commercial collector.
113. Out-of-staters can contact people they know in Texas and have them contact their representatives.
114. Out-of-staters can mention their contributions to science and how the specimens they bre3ed are a “safety net” for wild populations.
115. Focus on herping being a family activity.
116. Bombard with correspondence the local and consent calendar committee and tell them we were blindsided by this bill and can they hold off as long as possible. And when do they think it will go to the floor?
117. Contact the state’s political party headquarters, both Democrat and Republican.
118. Flood Mr. Gallego’s office with letters and e-mails.
119. Many herp species are not collected from roads; they are field collected. So this legislation will do nothing to stop field collection.
120. Contact companies that make anti-venom and perform research with venom.
121. List of out of state herpers and how much money they spend per trip.
122. HB 2414 prevents the collection of specimens for zoos.
123. Build a website for this HB 2414 fight.
124. Many times herpers save more animals from road death than they keep.
125. Animals collected from specific locales are gene pool breeders. We are responsible breeders this bill would prevent further acquisition of locale specific stock.

We need to organize our approach to this. We need to assign tasks to tackle these "Actions & Ideas". Who can build us a website? Who is going to search for a lobbyist? Now, we need a plan of action.

Take Care,

Mike Welker
El Paso, TX

Replies (14)

smorefun Apr 17, 2007 08:04 AM

I think K. Magnuson was listed on the minutes as speaking against the bill when it was in committee. So, without knowing the man, I'm pretty sure he is aware of 2414. They listed a TPWD representative as being "on"...what does this mean? I'm taking a civics class after all this!

troy h Apr 17, 2007 08:36 AM

28. TPWD violated their (legislatively) neutral stance and lobbying statute. We need to pursue this. Robert McDonald, based on Troy’s having been there, needs to be fired for violating above.

What??? How do you have my name tied in with firing anyone? Why? One would have to have solid evidence that the individual mentioned above was directly involved in misdeeds for him to be fired. No one has that evidence! What are you trying to do with this statement? Destroy any potential point of contact that I may have?

Troy

OHI Apr 17, 2007 01:28 PM

"technically, TPWD is required by statute to be legislatively neutral. When I met with them 2 weeks ago and this bill was first brought to our attention, Director of LE David Sinclair was very careful to maintain a neutral stance.

The only hint that I have that TPWD wants this law is that way back when Matt Wagner was breifing the commission, one of the voices (I think it was Robert McDonald, TPWD legal) mentioned that one thing that they needed to address in the future was hunting from right-of-ways - however, I think that the intent behind that statement was to deal with this from a regulatory, in house standpoint, not legislatively.

Honestly, it has been my impression (especially recently) that TPWD wants the laws to be ambiguous and wants broad regulatory authority rather than narrowly defined legislation. That way they can make changes as the political climate changes by only asking the commission (and in some cases, by just saying 'lets interpret it this way.'

Troy"

It is my opinion that if RM had a hand in illegal lobbying and/ or violating TPWD neutrality codes then he should be gone. They snuck this bill in on us without even informing us. That is backhanded and sneaky. If anyone at TPWD did anything illegal then they should face the consequences.

Mike Welker
El Paso, TX

troy h Apr 17, 2007 01:34 PM

The commission hearing was on tape (still is) and I couldn't confirm the voice. I also said clearly that the person that I heard said "its something that we need to address". That is a far cry from "he done wrong" and "he needs to be fired".

The rumors I'm hearing point rather towards someone, not the higher ups, within LE using his influence to plant an idea.

Troy

Eby Apr 17, 2007 01:36 PM

Let's not focus on retribution. At least not right now. We need to be persuading people, not attacking them. The harder we attack, the more defensive they will become. I’d strongly suggest giving anyone that supports HB 2414 every reason and opportunity to reconsider their position. Basically, helping them “save face” will be more effective than getting “in their face”.

OHI Apr 17, 2007 01:43 PM

There are a myriad of positions on how this should be handled. I was just listing all the "Actions & Ideas" I could glean from the forum. Most of which I didn't come up with. Don't shoot the messenger.

Mike Welker
El Paso, TX

Eby Apr 17, 2007 02:14 PM

I wasn't trying to shoot the messenger. I was just offering a counterpoint.

Personally, I greatly appreciate the time and effort that you have put into this. I know that you have been working hard.

I found your Actions & Ideas list very helpful. For instance, when I read item #27, "We need to reach the committee that sets the bill on the House floor for a vote and get them to push back the introduction as far as possible.” I started digging an got the idea about contacting getting this off of the “Consent Calendar” and onto the “General Calendar”. In my opinion, if Isett has not changed his mind, this one step could be critical to defeating this bill.

troy h Apr 17, 2007 08:37 AM

so, now we have 145 things that we need to do . . .

Troy

OHI Apr 17, 2007 01:35 PM

I guess because I have not bowed to the great Troy Hibitts my hard work should be demeaned and pushed aside? What are you going to do with the information? I took the time to gather it in one place so we could go through it and figure out what we could use but I guess because you didn't think of it, it isn't helpful? You are starting to show what I have heard all along that you are a no-it-all jerk.

Later,

Mike Welker
El Paso, TX

troy h Apr 17, 2007 01:38 PM

Not to give us 145 different directions to run around in.

Troy

OHI Apr 17, 2007 01:50 PM

Step One: Brainstorm ideas and write them down in one place. DONE thanks to Mike Welker.
Step Two: Organize and decide on course of action. Waiting for the great Troy Hibitts to give approval.
Step Three: Take action. Troy is to busy trying to demean Step One so we can not complete Steps Two and Three.

Mike Welker
El Paso, TX

troy h Apr 17, 2007 02:02 PM

Apparently I missed the point . . .

Troy

Eby Apr 17, 2007 09:40 AM

MINUTES FOR COMMITTEE OF CULTURE, RECREATION, AND TOURISM –REGARDING HB2414

3/27/07 www.legis.state.tx.us/tlodocs/80R/minutes/html/C4302007032714001.htm
The chair laid out HB2414.

The chair recognized Representative Isett, Carl to explain the measure.

Representative Hilderbran offered a complete committee substitute.

Testimony was taken. (See attached witness list.)

The committee substitute was withdrawn without objection.

The bill was left pending without objection

4/3/07 www.legis.state.tx.us/tlodocs/80R/minutes/html/C4302007040314001.htm

The chair laid out HB2414 as pending business.

Representative Hilderbran offered a complete committee substitute.

The committee substitute was adopted without objection.

Representative O'Day moved that HB2414, as substituted, be reported favorably to the full house with the recommendation that it do pass and be printed and be sent to the Committee on Local and Consent Calendars. The motion prevailed by the following record vote:

Ayes: Representatives Hilderbran; Dukes; Homer; Howard, Donna; O'Day; Phillips (6).

Nays: None (0).

Present, Not Voting: None (0).

Absent: Representative Kuempel (1).

4/11/07 Committee Report Filed, Printed and Distributed
www.legis.state.tx.us/tlodocs/80R/billtext/html/HB02414H.htm
80R11719 SGA-F

By: Isett H.B. No. 2414

Substitute the following for H.B. No. 2414:

By: Hilderbran C.S.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) Except as provided by Subsection (b), a person may
not hunt a wild animal or bird when the person is on a public road or
right-of-way.
(b) This section does not apply to the trapping of a raptor
for educational or sporting purposes as provided by Chapter 49.
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.

4/12 COMMITTEE REPORT SENT TO LOCAL & CONSENT CALENDAR

smorefun Apr 17, 2007 11:46 AM

WITNESS LIST

HB 2414
HOUSE COMMITTEE REPORT

Culture, Recreation, & Tourism Committee

March 27, 2007 - 2:00 PM or upon final adjourn./recess

Against:
Magnuson, Kenneth J (Self and Texas Reptile Association, Dallas Herpetological society, past President)

On:
Sinclair, David (Texas Parks and Wildlife Dept.)

- Committee Substitute (CSHB2414)

For:
Oleson, Steve (Texas Hawking Assoc.)

Registering, but not testifying:

For:
Graham, John (Self and Texas Hawking Association (Northern Director)
)

Nicolle, Sheldon (Self and Texas Hawking Association - Vice President.)

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