Presenter: Matt Reidy
Commission Agenda Item No. 19
August 27, 2009
I. Executive Summary: This item seeks adoption of new rules governing permits for the lethal control of protected wildlife pursuant to House Bill 1965 as enacted by the 81st Texas Legislature (2009). The proposed rules would establish:
- general provisions
- permit application and issuance standards
- inspection requirements
- period of validity
- notification requirements
- lawful means and methods
- documentation, reporting, and recordkeeping requirements
- provisions for permit denial, cancellation, and reinstatement
- fees and
- prohibited acts and penalties for violation
II. Discussion: House Bill 1965 (H.B. 1965), enacted by the 81st Texas Legislature (Regular Session), amended Parks and Wildlife Code, Chapter 43, Subchapter H, to alter statutory provisions governing the lethal control of wildlife protected by the Parks and Wildlife Code that is causing serious damage to agricultural, horticultural, or aquacultural interests.
H.B. 1965 provides for a more streamlined, efficient, and timely process for controlling wildlife causing serious damage to commercial agricultural, horticultural, or aquacultural interests, or that is a threat to public safety. Additionally, H.B. 1965 authorizes the Texas Parks and Wildlife Commission to adopt rules necessary to implement the provisions of Parks and Wildlife Code, Chapter 43, Subchapter H, including rules governing reports, reinstatement of cancelled permits, possession of wildlife resources taken or held under the subchapter, qualifications for permit issuance, and the electronic issuance of permits. At the May 2009, meeting of the Regulations Committee, staff notified the Commission of the need to publish proposed rules required or necessitated by legislation. The proposed new rules appeared in the July 24, 2009, issue of the Texas Register (34 TexReg 4845). A summary of public comment on the proposed new rules will be presented at the time of the hearing.
III. Recommendation: Staff recommends that the commission adopt the proposed motion:
"The Texas Parks and Wildlife Commission adopts new §§65.220-65.233, concerning Permits to Control Protected Wildlife, with changes as necessary to the proposed text as published in the July 24, 2009, issue of the Texas Register (34 TexReg 4845)."
Attachments - 1
- Exhibit A - Proposed Rules