Non-resident landowners in sights of proposed bill

By KARI KRAMER | East Texas Edition

May 5, 2005 - The state legislature is looking at a bill that would grant non-resident landowners the same hunting rights as resident landowners.

The House Bill 2648 was proposed by Rep. Mark Homer, D-Paris, after a constituent contacted him in February with a dilemma.

The constituent was Dr. Richard Swint of Lamar County. Swint realized his three sons, all of whom stand to inherit his property and currently are residents of other states, would have to pay $300 each to hunt on his property when they returned home.

The license is a general non-resident hunting license, type 105, which allows hunting of any legal bird or animal, except alligators.

Swint owns a large ranch in Lamar County, near Paris, and admits that he and his sons are leisure hunters.

"We're not real avid hunters," said Swint. "We enjoy walking around and carrying our rifles."

But his idea, if the bill passes, will affect both resident and non-resident hunters. The bill, currently under revision, would allow a non-resident landowner to purchase a resident hunting license, type 101, which currently costs $23.

The $277 difference between the two licenses could result in lost revenue, according to some government groups.

"The guess, and I do mean guess by the Legislative Budget Board, with the information given to them by Texas Parks and Wildlife, is that it could cost between $145,000 and $1.5 million in lost revenue per year," said Homer, who is also a hunter.

"I would argue, that since they are guessing, there could actually be a positive income to the state. I believe that there are Texas landowners that live outside of Texas that don't come back and hunt because of the cost and they would (hunt) if this became a law."

Swint agreed, "I think more people will buy a license."

If additional hunters returned to the Lone Star State, the Texas deer population may be affected, resulting in a change for resident hunters alike.

Homer believed the bill would result in "very little" change to the deer population. "It could be argued that it would improve our deer herds in Texas, because land owners are much more likely to manage the herds on their property better, which would have an overall positive effect on the state's herds," said the representative.

Texas Parks and Wildlife Department estimates the Texas deer population at four-million. According to the TPWD magazine, the state ranks fifth in Boone and Crockett (trophy deer) numbers. In addition, Texas hunting generated more than $690 million in revenue in 2001.

Swint said he has written legislators before, yet has never gotten this type of result.

"I think this is reasonable and appropriate," said Swint of the bill. The bill has already undergone some modifications. When Swint proposed the bill, he wanted his sons, who will inherit his land, to be included in non-resident landowners. But as the bill has taken shape, Swint's sons may not reap the advantages of the bill unless they are currently listed as property owners on the land deed.

Homer said that some groups, like the Texas Wildlife Association, oppose the bill because it was written too broadly. He agreed and is currently working with the TWA to draft a bill they can support.

"My plan is to tighten it up with language that would say something like 'suitable for hunting' in the definition of property. I would then look to restrict the bill to a minimum acreage," said Homer, who added, "For a person to qualify under my bill, that person would have to be on the deed."

Homer said proving property ownership could pose a problem.

According to Homer, "The tough thing is going to be 'how does one or where does one go to prove their status as a land owner in Texas when seeking to buy a license?'"

Swint had an idea. "All you have to do is ask if they are an owner, you can get their name from their driver's license." He suggested that then, a phone call be made to the appropriate entity to verify their status as a landowner.

Homer suggested that the TPWD write rules for the confirmation process.

If the bill passes, a non-resident landowner, who meets the qualifications, will be able to utilize their land in the same way a resident landowner can. Homer said he took interest in the bill because he believes in private property rights and likes to help his constituents when possible.

The bill, as it was introduced, can be read at http://www.capitol.state.tx.us/tlo/79R/billtext/HB02648I.HTM .