Presenter: David Sinclair

Commission Agenda Item No. 8
Controlled Exotic Snake Permits and Fees
January 2008

I. Executive Summary: The item presents proposed new rules to regulate the possession and transport (recreational and commercial) of non-indigenous venomous snakes and five species of non-indigenous constrictors (to be referred to collectively as "controlled exotic snakes"), as required by §41 of House Bill 12, enacted by the 80th Texas Legislature.

II. Discussion: Section 41 of House Bill 12, enacted by the 80th Texas Legislature, amended the Texas Parks and Wildlife Code by adding new Subchapter V to Chapter 43. The provisions of H.B. 12 require the commission by rule to establish permits to allow the possession or transport of live nonindigenous venomous snakes and five named species of constrictors for commercial and recreational purposes. The bill also authorizes the commission to promulgate rules to govern the permit application forms, fees, and procedures; the release of such snakes; reports that the department may require a permit holder to submit to the department; and other matters the commission considers necessary.

Staff received permission at the November, 2007, meeting of the Regulations Committee to publish the proposed rules in the Texas Register for public comment. The proposed amendments were published in the December 21, 2007, issue of the Texas Register (32 TexReg 9543, 9546). Staff will provide a summary of public comment at the time of the meeting.

III. Recommendation: Staff recommends that the Commission adopt the following motion:

"The Texas Parks and Wildlife Commission adopts an amendment to §53.17, concerning Finance, and new §§55.151-55.156, concerning the Controlled Exotic Snakes, with changes as necessary to the proposed text as published in the December 21, 2007 issue of the Texas Register (32 TexReg 9543, 9546)."

Attachments - 2

  1. Exhibit A – Proposed Fee Rule
  2. Exhibit B – Proposed Rules