Commission Agenda Item No. 10
Presenter: Stormy King

Action
Implementation of Legislation during the 87th Texas Legislative Session
House Bill 2326 – Recommended Adoption Possession, Transportation, and Release of Certain Nonindigenous Snakes
August 26, 2021

I.      Executive Summary:  With this item staff seeks adoption of a proposed rule to implement the provisions of House Bill (H.B.) 2326, enacted by the 87th Texas Legislature (2021), which added the Burmese python (Python bivittatus) to the statutory list of nonindigenous snakes the possession and sale of which require a permit issued by the Texas Parks and Wildlife Department (TPWD).

II.    Discussion:  The most recent session of the Texas Legislature enacted H.B. 2326, which amended Texas Parks and Wildlife Code, Chapter 43, Subchapter V, by adding the Burmese python (Python bivittatus) to the statutory list of nonindigenous snakes, the possession and sale of which require a permit issued by TPWD. The proposed amendment would add that organism to the effectiveness of TPWD rules in Chapter 55, Subchapter J, governing controlled exotic snakes.

At the Work Session meeting on May 26, 2021, the staff was authorized to publish proposed rules in the Texas Register for public comment as necessary to implement legislation from the most recent session of the Texas Legislature.  The proposed rules appeared in the July 23, 2021 issue of the Texas Register (46 TexReg 4440).  A summary of public comment on the proposed rule will be presented at the time of the hearing.

III.   Recommendation:  The staff recommends that the Commission adopt the proposed motion:

“The Texas Parks and Wildlife Commission adopts an amendment to §55.651, concerning Controlled Exotic Snakes, with changes as necessary to the proposed text as published in the July 23, 2021 issue of the Texas Register (46 TexReg 4440).”

Attachment – 1

  1. Exhibit A – Proposed Rule

Commission Agenda Item No. 10
Exhibit A

REGULATIONS REQUIRED OR AUTHORIZED BY LEGISLATION

HOUSE BILL 2326 — CONTROLLED EXOTIC SNAKES

PROPOSAL PREAMBLE

1. Introduction.

         The Texas Parks and Wildlife Department proposes an amendment to 31 TAC §55.651, concerning Controlled Exotic Snakes. The most recent session of the Texas Legislature enacted House Bill 2326, which amended Parks and Wildlife Code, Chapter 43, Subchapter V, by adding the Burmese python (Python bivittatus) to the statutory list of nonindigenous snakes the possession and sale of which require a permit issued by the department. The proposed amendment would add that organism to the effectiveness of department rules in Chapter 55, Subchapter J, governing controlled exotic snakes.

2. Fiscal Note.

        Robert Macdonald, Regulations Coordinator, has determined that for each of the first five years that the rule as proposed is in effect, there will be no fiscal implications to state or local governments as a result of administering or enforcing the rule.

3. Public Benefit/Cost Note.

        Mr. Macdonald also has determined that that for each of the first five years that the rule as proposed is in effect:

                 (A) The public benefit anticipated as a result of enforcing or administering the proposed rule will be compliance with the directives of the legislature.

                 (B) Under provisions of Government Code, Chapter 2006, a state agency must prepare an economic impact statement and a regulatory flexibility analysis for a rule that may have an adverse economic effect on small businesses and micro-businesses. Those guidelines state that an agency need only consider a proposed rule’s "direct adverse economic impacts" to small businesses and micro-businesses to determine if any further analysis is required. For that purpose, the department considers "direct economic impact" to mean a requirement that would directly impose recordkeeping or reporting requirements; impose taxes or fees; result in lost sales or profits; adversely affect market competition; or require the purchase or modification of equipment or services. The department has determined that because the rule recapitulates a statutory provision that the commission does not have the authority to modify or eliminate, any direct economic costs to small businesses, micro-businesses, or rural communities result from  legislative action, not commission action. On that basis, the department has a determined that neither the economic impact statement nor the regulatory flexibility analysis described in Government Code, Chapter 2006, is required.

                 (C) The department has not drafted a local employment impact statement under the Administrative Procedures Act, §2001.022, as the agency has determined that the rule as proposed will not impact local economies.

                 (D) The department has determined that Government Code, §2001.0225 (Regulatory Analysis of Major Environmental Rules), does not apply to the proposed rule.

                 (E) The department has determined that there will not be a taking of private real property, as defined by Government Code, Chapter 2007, as a result of the proposed rule.

                 (F) In compliance with the requirements of Government Code, §2001.0221, the department has prepared the following Government Growth Impact Statement (GGIS).  The rule as proposed, if adopted, will:

                         (1) not create a government program;

                         (2) not result in an increase or decrease in the number of full-time equivalent employee needs;

                         (3) not result in a need for additional General Revenue funding;

                         (4) not affect the amount of any fee;

                         (5) not create a new regulation;

                         (6) expand an existing regulation (by adding an organism to the list of those regulated;

                         (7) increase the number of individuals subject to regulation (by affecting persons who possess or engage in commercial activities involving Burmese pythons); and

                         (8) not positively or adversely affect the state’s economy.

4. Request for Public Comment.

        Comments on the proposed rule may be submitted to Stormy King, Texas Parks and Wildlife Department, 4200 Smith School Road, Austin, Texas 78744; (512) 389-4627; email: stormy.king@tpwd.texas.gov or via the department website at www.tpwd.texas.gov.

5. Statutory Authority.

        The amendment is proposed under the authority of Parks and Wildlife Code, §43.855, which requires the commission to adopt rules to implement Parks and Wildlife Code, Chapter 43, Subchapter V, including rules to govern the possession or transport of a snake covered by the subchapter and other matters the commission considers necessary.

        The proposed amendment affects Parks and Wildlife Code, Chapter 43.

6. Rule Text.

        §55.651. Definitions. The following words and terms, when used in this subchapter, shall have the following meanings, unless the context clearly indicates otherwise.

                 (1) (No change.)

                 (2) Controlled exotic snake — Any live snake that is:

                         (A) a venomous snake not indigenous to Texas;  

                         (B) any of the following:

                                  (i) – (ii) (No change.)

                                  (iii) Burmese python (Python bivittatus);

                                  (iv)[(iii)] green anaconda, (Eunectes murinus);

                                  (v)[(iv)] reticulated python, (Python reticulatus);

                                  (vi)[(v)] southern African python, (Python natalensis); or

                         (C) (No change.)

                 (3) – (5) (No change.)

        This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency’s authority to adopt.

        Issued in Austin, Texas, on