Reptile & Amphibian Forums

HB 12, the sweeping Parks Reform Bill was amended on the House Floor to include the Pre-Amendment wording of HB 2414 AND 1309

"SECTION 44. 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."

HB 12 has already passed both the House and the Senate. It will surely be signed by the Governor. I'm pretty sure from my reading of HB 12 that it will pass effective immediately.

Rick Perry's Office numbers are:
# Citizen's Assistance Hotline: (800) 843-5789
[for Texas callers]
# Citizen's Opinion Hotline: (800) 252-9600
[for Texas callers]
# Citizen's Assistance and Opinion Hotline: (512) 463-1782
[for Austin, Texas and out-of-state callers]
# Office of the Governor Main Switchboard: (512) 463-2000

Subject: HB 2414 (old language) and HB 1309 added as riders on HB 12
Date: Wed, 30 May 2007 20:29:55 -0500
From: Troy, Marla, & Cheyenne Hibbitts

Despite our successful lobbying efforts against HB 2414, the successful
passage of an amendment to exclude herps, etc, and the death of HB 2414 in
Senate Committee, the House and Senate passed HB 12 with riders attached
that include the original language of CSHB 2414 as well as the CSHB 1309
(pertaining to non-indigenous herps).

HB 12, the sweeping Parks Reform Bill was amended on the House Floor to
include the Pre-Amendment wording of HB 2414.

"SECTION 44. 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."

HB 12 has already passed both the House and the Senate. It will surely be
signed by the Governor. I'm pretty sure from my reading of HB 12 that it
will pass effective immediately.

I have yet to determine who added the amendment to the bill. It does not
appear on the bill history. I can only assume that it was amended on the
House or Senate Floor.

So, if TPWD wants to enforce it, we'll be illegal this year. I think that
our only legitimate recourse at this point will be to try to get an
amendment added next legislative session . . . maybe we can play dirty
politics and add it to something no one else will vote against just like
they've done with us.

At this point, I'm reminded of a quote from "Man of the Year" starring Robin
Williams:

"Politicians are like diapers . . . the should be changed regularly and for
the same reason".

Troy

SUBCHAPTER V. NONINDIGENOUS SNAKE PERMIT
Sec. 43.851. PERMIT. (a) The commission by rule shall
establish permits that allow permit holders to possess or transport in this state a live nonindigenous:
(1) venomous snake; or
(2) constrictor that is one of the following:
(A) African rock python, Python sebae;
(B) Asiatic rock python, Python molurus;
(C) green anaconda, Eunectes murinus;
(D) reticulated python, Python reticulatus; or
(E) southern African python, Python natalensis.
(b) The commission shall establish separate permits for
recreational and commercial purposes.
(c) A permit under this subchapter is not required for:
(1) a state or county official performing an official
duty;
(2) a licensed zoo that possesses or transports a
snake for exhibition or scientific purposes;
(3) a research facility, including a university,
licensed under the Animal Welfare Act (7 U.S.C. Section 2131 et seq.) that possesses or transports a snake for scientific purposes;
or
(4) a person who assists a department employee in the
handling or transport of a snake under this subchapter.
(d) Except as provided by Subsection (c), a person may not
possess or transport in this state a snake described by Subsection
(a) without a permit issued by the department under this
subchapter.
(e) A person convicted of a violation of this subchapter or
a rule adopted under this subchapter may not obtain a permit before the fifth anniversary of the date of the conviction.

Sec. 43.852. INSPECTION OF PERMIT AND RECORDS. An authorized department employee may inspect at any time and without a warrant a permit or any records required by this subchapter.

Sec. 43.853. RELEASE FROM CAPTIVITY. A person may not intentionally, knowingly, recklessly, or with criminal negligence
release or allow the release from captivity of a snake covered by
this subchapter.

Sec. 43.854. SEIZURE OF CONTRABAND; FINANCIAL RESPONSIBILITY. (a) The department may arrange for the seizure and removal of a snake covered by this subchapter from a person who possesses the snake without the required permit. The person is responsible for any costs incurred by the department in the seizure, removal, and disposition of the snake.
(b) A department employee is not required to handle, remove, or dispose of the snake.
(c) The department may contract with a person who has knowledge of or expertise in the handling of a snake covered by this
subchapter to assist the department in the handling, removal, and disposition of the snake.
(d) The department, including an enforcement officer of the
department, who acts under this section is not liable in a civil
action for the seizure, sale, donation, or other disposition of the snake.

Sec. 43.855. RULES. The commission may adopt rules to implement this subchapter, including rules to govern:
(1) the possession or transport of a snake covered by this subchapter;
(2) permit application forms, fees, and procedures;
(3) the release of the snake;
(4) reports that the department may require a permit holder to submit to the department; and
(5) other matters the commission considers necessary.

Sec. 43.856. OFFENSE. (a) Except as provided by Subsection
(c), a person who violates this subchapter or a rule adopted under this subchapter commits an offense that is a Class C Parks and Wildlife Code misdemeanor.(b) A person who violates Section 43.853 or a rule adopted to implement Section 43.853 commits an offense that is a Class A Parks and Wildlife Code misdemeanor.

SECTION 54. (a) The House Committee on Culture, Recreation, and Tourism shall conduct a study to determine whether this state should permit the possession of nonindigenous venomous snakes and nonindigenous constrictors as provided by Subchapter V, Chapter 43, Parks and Wildlife Code, as added by this Act.
(b) The study must include:
(1) a comparison of laws regulating nonindigenous snakes in other states;
(2) alternative methods of regulating the possession of nonindigenous snakes;
(3) the economic, environmental, and other effects of allowing nonindigenous snakes to be held in the state, including:
(A) the potential to harbor and spread diseasesor parasites, or other adverse effects; and
(B) the economic and other benefits to this state that may be obtained by regulating the trade in nonindigenous snakes; and
(4) other related matters the committee finds useful.
(c) Not later than November 1, 2008, the committee shall report its findings to the governor, the executive directors of the Parks and Wildlife Department, and each member of the committee.

SECTION 55. (a) The Parks and Wildlife Commission shall
adopt the rules necessary under Subchapter V, Chapter 43, Parks and Wildlife Code, as added by this Act, not later than April 1, 2008. (b) The Parks and Wildlife Department shall begin issuing
permits under Subchapter V, Chapter 43, Parks and Wildlife Code, as added by this Act, not later than April 1, 2008.

SECTION 43. 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 44. 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.
Texas House Bill 12

Edited on May 31, 2007 at 00:08:11 by jeffb.

Man. I was just planning my first trip for July.

"(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."

Quick thought,any case law interpreting the above for other laws??

Because on its face, it arguably might not include the actual road cut rock wall......
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Lloyd Heilbrunn

Palm Beach Gardens, Fl.

Hi Lloyd,
As you well know the only interpretation of the law that matters is the Judge that will hear the cases. We are not comfortable speculating on how the enforcement officers will interpret the law, but we know it can only be bad.

That's why I asked if there was controlling case law(from appellate courts)from other cases.

If so,it makes it much more difficult for the trial court to make its own interpetation.

Any of you guys Texas lawyers? Because I don't know Texas law at all, and it would be outside my Westlaw plan to research it.....
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Lloyd Heilbrunn

Palm Beach Gardens, Fl.

One more thing.IIRC,the only reason this matters to herpers is that the Texas interpetaton of "hunt" is so ridiculously broad it arguably includes collecting or even moving herps.

So does the rider now make every dor a crime victum of an on the road hunt??
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Lloyd Heilbrunn

Palm Beach Gardens, Fl.

When contacting the governor it is important to let his office know that HB 2414 with the herp amendment passed the house unanimously. I don't think we can get the bill vetoed but it is worth trying. We need to find out who was behind the rider and consider what to do at the next election.
Richard Striebr

ALSO, WE HAVE TO GET ORGANIZED THE WAY FLORIDA HERPERS HAVE DONE!
Richard Strieber