Texas Outdoor Partners Legislative recap (DRAFT)
Texas Outdoor Partner organizations had expressed support for salary equity at TPWD for the fisheries and wildlife staff from well before the start of the session, and it was a number one joint priority to address the high turnover and loss of consistency in working with TPWD staff that was hurting wildlife management activities around the state and staff morale. TOP groups led by Chairman Kirby Brown of Texas Wildlife Association and Coastal Conservation Association lobbyist Joey Park worked extremely hard with Speaker Joe Straus, Lt .Gov. Dewhurst, Sen. Kip Averitt, Reps. Jim Pitts and John Otto to ensure that salaries for the fisheries and wildlife staff would be increased to stem the loss of long-time, excellent staff and enable the department to hire the best and brightest to work with landowners and sportsmen. Sportsmen’s groups also want to thank Governor Rick Perry for his leadership and continued support in these times for our objectives. Governor Perry still has through June 21 to sign, veto or allow bills to pass into law.
TOP groups stepped forward with Texas Conservation Coalition to fund a February survey in this economic downturn, and licensed hunters and anglers overwhelming supported a $2-4 (5%) license increase for conservation activities. In the end, the budget reflected full appropriations for the department’s base budget, the pay equity for the fisheries and wildlife staff, significant funding for parks and “Rider 27” language that provided for increases in salaries for parks staff, and funds for aquatic vegetation control. Brown said, “We accomplished our chief goals of providing salary equity for the fisheries and wildlife staff, continued parks funding and noxious aquatic weed control. We did not get all we asked for, but in this economy the House and Senate listened to sportsmen and did a good job in addressing our priorities.” “The freshwater fisheries groups want to thank other TOP groups for providing support for funding of the noxious exotic aquatic vegetation control, a huge lift for anglers,” said TOP Vice Chairman Tim Cook of BASS Federation Nation.
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Sportsmen’s groups had also asked for new funding for increased public access, increased technical guidance, and new positions to address permitting backlogs, but these were not approved. In addition, hunting and fishing license funds continue to pay for information technology costs at a much higher rate than after data consolidation by the state, and had hoped this disproportionate rate would be directly addressed. TOP groups had also requested that stamp funds that had not yet been appropriated and were held back annually in reserve be allocated for on-the-ground conservation projects, but budget folks would only provided replacement of existing funds to meet state fiscal limits.
“It was disappointing that the Governor and others who had spoke in favor of full spending of dedicated funds were not in the end able to accomplish that,” said Brown, “but that jumps to the top of our list for the next legislative session.”
SB 2534 by Sen. Jeff Wentworth set up a stakeholder process and panel headed by the Comptroller and Commissioner of Agriculture to work with Camp Bullis and area stakeholders on endangered species issues in a manner similar to the successful work at Fort Hood. TOP groups also thank Comptroller Susan Combs for leading this effort.
SB 1742 by Sen. Florence Shapiro on hunting in the city limits had proposed noise ordinances for gunfire and excessive buffers and was in the end bracketed to Collin County. However, it continued to require a 1500’ distance from buildings and residences, affecting those landowners in the area and quite probably Denton and Fort Bend Counties. We remained concerned that other communities would request this type of practice the next session. However, Sen. Shaprio worked with us to replace the 1500 foot buffer restriction from any residence or building by keeping the existing law in place that provides 150 feet from a residence or building, but creating new buffers for schools, hospitals, athletic events and well-signed commercial day-care centers of 1,000 feet, and 600 feet from subdivision or multifamily complexes. This 600 foot buffer corresponds with the recommendations we typically provide to outfitters, which match shot shell ballistics for dove hunting.
Very few water bills were passed or highlighted this session. Sen. Kip Averitt’s changes to Environmental Flows process was in jeopardy, but he was able to attach the language in HB 3335 by Rep. Bill Callegari. TWA, CCA and TOP groups worked with Sen. Averitt to ensure that existing deadlines and processes were maintained as much as possible, and that Texas Parks and Wildlife Department (TPWD) was included in decision-making with the Texas Water Development Board. Thanks to Sen. Averitt for his continuing leadership on these issues and willingness to address our concerns.
SB 801 by Sen. Glenn Hegar provides the wildlife management tax valuation will now be extended to those landowners with timber valuations as a new timber practice. The wildlife valuation bill is currently on the Governor's desk.
SB 958 by Sen. Hegar and HB 3144 by Rep. Yvonne Gonzales-Toureilles provide sales tax relief for aircraft and helicopters in ag, but Sen. Hegar's bill was amended by Rep. Gonzales-Toureilles to also provide for wildlife management activities. Both await the Governor’s action.
SB 205 by Sen. Eliot Shapleigh and sponsored in the House by Rep. Donna Howard would have provided for the development of curriculum for the Partnership for Children in Nature. This was also a victim of the "chubbing” over voter ID. Although we attempted to work with others to attach the language to a bill by Rep. John Smithee and Senate sponsor Sen. Kel Seliger, the House parliamentarian ruled the language non-germane and ordered it removed, killing the PCIN effort in legislation. We are working with the authors on a post-session letter requesting the process be implemented with oversight of TPWD and Texas Education Agency.
HB 3180, also known as the "puppy mill bill", by Rep. Senfronia Thompson was killed when public opposition led by TOP groups and our allies drove Sen. John Whitmire to not hear it in committee. The legislation would have defined dog breeders, required licensing and fees, and while it had some protections it would have created many unintended consequences. The bill’s language had also been attached as an amendment in the Senate by Sen. Whitmire to Rep. Edmund Kuempel's Licensing and Regulation bill. Rep. Kuempel bill had vowed before his untimely heart attack that he would remove the amendment in conference, and hiss colleagues lead by Rep. Charlie Geren supported that position and it was removed. Sen. Kel Seliger had proposed SB 634, the tethering bill that would have removed tethering as a means to restrain dogs and require a 150 square foot minimum kennel size. He pulled the bill down after discussions failed to find compromise language. Our any thanks go to Sens. Whitmire and Seliger and Reps. Kuempel, Geren and Thompson for working with TWA. Former Speaker Gib Lewis is to be given significant credit for his work opposing animal rights legislation.
The "pork chopper" bill, HB 836 by Rep. Sid Miller, provided a direct payment to landowners for depredation shooting out of a helicopter. Landowners can basically do everything now in depredation control of feral hogs except that currently the landowner cannot take direct payment for the activity. TPWD can provide specific details on how to achieve the goal or you are interested in how to do this. In the end, the bill died when it was referred to the Senate Ag and Rural Affairs Committee late, but it was rerouted to the Senate Natural Resources. The last meeting of SNR did not garner a quorum, with other committees meeting simultaneously in their last meetings, so it was never heard.
HB 1595 by Rep. Tracy King and sponsored in the Senate by Sen. Carlos Uresti, would have allowed members of the Kickapoo tribe to hunt female white-tailed deer year round. While we are not opposed to a few resident Kickappo Indians permitted to do this if they would have had the proper training, TOP groups were very concerned about the language and precedence this would set that included out of state (and out of nation) tribesmen hunting year-round as a resident, and how this would affect other tribes that had ever claimed parts of Texas as their hunting grounds. Governor Perry has vetoed the bill the last 2 sessions. HB 1595 was not heard in the Senate thanks to efforts by TOP groups in contacting Senators.
HB 1965 by Rep. Drew Darby addressing issues with white-tailed deer depredation control in croplands passed and was sent to the Governor. Several TOP groups had worked with ag groups and affected farmers prior to the session on ways to streamline depredation permitting and timely control activities by removing the extensive existing bureaucratic procedures in law. After significant negotiations providing TPWD authority and identifying different approaches for mule deer and pronghorn antelope, Rep. Darby was able to capture the issues and create significant, helpful legislation.
HB 3113 by Rep. Kuempel and sponsored in the Senate by Sen. Eddie Lucio will ensure that traditional raffles for wildlife groups will continue as a practice. Previous legislation had put a sunset deadline in April this year on this activity as well as a restriction of 2 per organization. The new legislation provides that subunits such as local chapters, regions and teams may now have 2 raffles per year. The bill passed and was sent to the Governor. Thanks go to Lisa Barton and Texas Deer Association for spear-heading this effort.
HB 3330 by Rep. Jimmie Don Aycock allows Texas Animal Health Commission to develop elk disease protocols for CWD and other diseases. Several TOP groups participate in the CWD Task Force with several large animal veterinarians and it has developed disease protocols for white-tailed deer. Expect action that will center around movement and transfer of elk for testing protocols that are yet to be developed.
SB 1121 and 1122 by Sen. Glenn Hegar, provided waste of meat clarifications and flexibility for penalties less than Class A violations (as it had existed in law), and cold storage and tagging clarifications. Hunting lessees will now be able to use the private, non-commercial cold storage facilities as long as tagging continues, and existing private cold storage rules were codified.
Other bills provided authority and funding for enhanced rural development of large animal veterinarians, that deer breeders could specifically participate in Texas Ag Finance Authority, that a universal data base would be developed for disease management between TPWD and TAHC for permittees, for proper sewage disposal in marinas, and crossbows will now be legal during the special archery only season.
Bills that would have helped the landowner’s ability to perform prescribed burning activities, especially during county burn bans, did not get out of committee, and Rep. Jim McReynolds, a leader in the legislature on this issue, will work with TOP groups and others over the interim to find common ground. Many thanks go to Ag Commissioner Todd Staples for his significant efforts and understanding of the prescribed burning issue and rules regarding employees of landowners being certified as Certified Prescribed Burn Managers under the landowner’s insurance.
Several other bills fortunately died during the session or at the end that would have negatively affected, sportsmen and women, landowners and conservation, as well as some of the good bills that died and were mentioned here. Now we await the Governor’s actions, and we will report those actions soon.
Other legislative news:
In other areas that many TOP organizations expressed interest, meaningful eminent domain reform was this session’s top TWA legislative priority. Thanks to the efforts of our members and supporters and other allied groups (many in TOP), SB 18 by Sen. Craig Estes appeared poised for passage heading into the final days of the 140-day session. Then, debate in the House came to a grinding halt over the “voter ID” bill, and prospects for meaningful eminent domain reform were lost as the session ground to a halt in the House and numerous Senate Bills died at the deadlines. Sen. Glenn Hegar attached key provisions of SB 18 that worked out with the governor’s office on “impaired access” into HB 300, the TxDOT Sunset bill. But in the end, that bill failed to pass also, and even continuing resolutions that would keep the agency going failed to pass.
However, outside of the loss of SB 18, the session overall was a good one for TWA members. The constitutional amendment regarding eminent domain, HJR 14 by Rep. Frank Corte did pass and will head to voters in November. TWA supported HJR 14 and its effort to address the U.S. Supreme Court’s decision in Kelo. The proposed amendment will protect Texas citizens from capricious use of eminent domain by governments for private enrichment. TWA members still need the protections that were contained in SB 18, but this is a good, very positive step. Thanks to Sens. Craig Estes, Glenn Hegar and Robert Duncan as well as Reps. Frank Corte, Jim Pitts, Dennis Bonnen, and Rob Orr for their extensive time and efforts in working on eminent domain reform, as well as Governor Rick Perry’s leadership. Governor Perry has until June 21 to sign, veto or allow bills and amendments to go into law.
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