Presenter: Jerry Cooke

Commission Agenda Item No. 6
Action
Posession and Sale of Deer Antlers
November 1998

I. Discussion: Prior to 1997, the Parks and Wildlife Code, §62.021(d) required the Commission to authorize and regulate the sale, purchase, possession, and possession after purchase of deer antlers. The passage of House Bill 2542 by the Seventy-fifth Legislature amended §62.021 of the Code to make it lawful for persons to engage in the possession and sale of deer antlers without Commission authorization. Thus, the regulation at 31 TAC §65.401, concerning Purchase and Sale of Deer Antlers, is now superfluous and may be repealed.

The Regulations Committee at its August 1998 meeting authorized staff to publish the proposed repeal of 31 TAC §65.401 in the Texas Register for public comment. The proposed repeal was published in the October 2, 1998, issue of the Texas Register (23 TexReg 9950). Staff anticipates no public comment on the proposed repeal, but will address public comment at the time of the meeting if any is received.

II. Recommendation: Staff recommends that the Texas Parks and Wildlife Commission adopt the following motion:

"The Texas Parks and Wildlife Commission adopts the proposed repeal of 31 TAC §§65.401, concerning possession and sale of deer antlers, as published in the October 2, 1998, issue of the Texas Register (23 TexReg 9950)."

Attachments - 2

1. Exhibit A - Proposed Repeal
2. Exhibit B - Fiscal Note (Available upon request)


Commission Agenda Item No. 6
Exhibit A

Sale of Deer Antlers
Proposed Preamble

1. Introduction.

The Texas Parks and Wildlife Department proposes the repeal of §65.401, concerning Purchase and Sale of Deer Antlers. The repeal is necessary to eliminate a regulation made redundant by the passage of House Bill 2542 by the 75th Legislature, which also eliminated the commission’s statutory authority to regulate the sale of inedible deer parts. The repeal will function to remove a regulation the department no longer has any authority to enforce.

2. Fiscal Note.

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

3. Public Benefit - Cost Note.

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

(A) The public benefit anticipated as a result of enforcing the repeal as proposed will be the elimination of a superfluous regulation.

(B) There will be no effect on small businesses. There are no economic costs to persons required to comply with the repeal as proposed.

(C) The department has not filed a local impact statement with the Texas Workforce Commission as required by Government Code, §2001.022, as this agency has determined that the repeal as proposed will not impact local economies.

(D) 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 repeal.

4. Request for Public Comments.

Comments on the proposed repeal may be submitted to Jerry Cooke, Texas Parks and Wildlife Department, 4200 Smith School Road, Austin, Texas 78744; (512) 389-4774 or 1-800-792-1112.

5. Statutory Authority.

The repeal is proposed under the provisions House Bill 2542, enacted by the 75th Legislature, Regular Session, 1997, which eliminated the commission’s authority to regulate the sale of inedible deer parts.

The repeal affects Parks and Wildlife Code, Chapter 62.

§65.401. Purchase and Sale of Deer Antlers.

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

Gene McCarty
Chief of Staff
Texas Parks and Wildlife Department
1-800-792-1112, extension 4418 or 512-389-4418


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