Representative Harvey Hilderbran, Texas District 53 - The Enemy of Texas Sportsmen

Like many of my fellow Texans and other folks across the country some of my fondest memories growing up were going out looking for lizards, snakes and turtles. Back when I was growing up we had access to many places in which to pursue our past-time. As I got older, I retained my love of going out looking for snakes, lizards ect. but the issue became where. While I no longer collect anything, I still enjoy looking for them. As many of you know, Texas is a predominantly private state. To pursue anything related to herpetology, the only place we've had for years was our public roads. I've spent many an hour driving at night with friends and family out looking for snakes and their cousins. Along with photography, fishing and kayaking, it is my only reprieve from my 50+ hour a week job.  There has been allot of misinformation handed to our representatives about the reason that herpetologist pursue their hobby. Most notably the vast amounts of money that can be made collecting $1000.00+ snakes. To any representative that reads this, PLEASE go out and see if you or anyone you know can find a snake worth $1000.00 along our Texas highways. There is no way that one could make a living, much less get rich collecting snakes. If one were to collect everything they see (snakes, lizards, frogs, spiders, centipedes, et. al.) one might be able to pay for gas on one night out and that would be on a very good night. 90% of nights that snake hunters go out looking for snakes, they are lucky to see 2 to 3 snakes. Most of these snakes if sold, might yield $10-$15 and that's assuming they were all collected. Almost all snake hunters that I know rarely collect anything. The standard practice these days is much like Bass fishing; catch, photo and release. While there are some that might pick up a nice Kingsnake, rat snake, gray banded Kingsnake or milk snake, the amount of impact to the overall population is negligible. The reason for this is that Texas roadways represent such a small segment of the overall habitat. This can be easily seen just by looking at a Texas map of the Trans-Pecos region (the area most herpers prefer to play). I invite ANY law maker, state representative or aid (Todd) that thinks a living can be made by snake hunting to contact any member of HCU (myself included) and arrange a night of snake hunting. By the end of the night, you will see everything you've heard about the pot-of-gold that is snake hunting is a pure 100% lie. On top of that, you will also find that herpetologist come from every segment of society. I know, judges, attorneys, law enforcement officers, doctors, and yes, some odd balls. Its the odd balls that give the rest of us the bad name. You will also find many an oddball (and drunks) amongst traditional Texas hunters and fishermen. So why punish the many for the actions of the few?

During the last Texas Legislative session, the herpetologist of Texas and from across the United States we blind sided by Texas District 53 representative Harvey Hilderbran and Carl Issett when their bill, HB 2414 contained language that would have made an activity enjoyed by thousands of people for generations illegal. When his original bill came up for a vote, Herpetologists saw it in time to contact their state representatives and ask for an exclusion. Texas State Representative Tracy King not only listened to his constituents, he stepped up and authored an exclusion to the bill excluding reptiles, amphibians and insects. Harvey Hilderbrans office was contacted by hundreds of people via email, telephone and letters. Hilderbran and his aids flat out lied to everyone stating that he was not against road hunting snakes and assured everyone that there was nothing to worry about. Well, HB 2414 with the favorable exclusion by Tracy King passed the TX house with a unanimous vote but was allowed to die in the senate without a vote.

Rep. Hilderban proved to be somewhat of a snake himself. Not only were we lied to but he even went as far as SNEAKING this law through as a rider to HB 12, SO WE WOULDN'T SEE IT COMING. He has effectively outlawed a time honored past-time that many Texans have enjoyed with their kids; looking for snakes along the roadways of Texas.  This laws outlaws touching ANY animals on Texas roadways. I don't collect snakes I am a wildlife photographer. This new law makes it illegal for me to find a snake, lizard, frog, turtle, etc. on a Texas road, move it off to the side, snap a photo and let it go. Legally, one would have to leave it in the road for it to die as a speedbump. DOES THIS MAKE SENSE TO YOU!? I would like to think Mr. Hilderbran pursued this in ignorance but all the signs point in the other direction. HB 12 has been signed into law. Mr. Hildebran got what he wanted, now WE as voters must give him what he deserves, THE BOOT!   I urge anyone reading this that lives in Texas District 53 (Callahan, Runnels, Coleman , Concho, San Saba, Menard, Crockett, Mason, Llano, McCulloch, Schleicher, Sutton, Kimble, Kerr and Real Counties) to vote for a candidate that respects the rights of sportsmen. Rep. Hilderbran does not care what his constituents think.  

It is unfortunate that Rep. Hilderbran obviously hates a group of Texans so much that he would lie to us and take away our rights. Unfortunately taking away our rights seems to be the thing to do these days. As a conservative myself, I would think Rep. Hilderbran would at least give us the opportunity to explain why this law was such a bad idea. I hope the next go round that Rep Hilderbran will work with us and come up with a viable solution to this slap in the face.

Below is an well written summary by a friend of mine, Joseph Forks of San Antonio, Texas and pretty well describes the underhanded tactics used by Rep. Hilderbran. The original text is at this website:

 

A SUMMARY OF LEGISLATIVE ABUSE ORCHESTRATED BY
REPRESENTATIVE HARVEY HILDERBRAN DISTRICT 53

PASS THIS ON TO EVERY TEXAN YOU KNOW
ESPECIALLY THOSE IN DISTRICT 53

HB 2414 was introduced in the House with language that would have banned collection of reptiles and amphibians on public roads and right of ways in Texas. Numerous objections and concerns were raised about this ban, and hundreds, or perhaps thousands of concerned Texans wrote letters, called the Capitol, and sent e-mails in opposition to the bill. As a result, the House Representative Tracy King District 80 sponsored an amendment to HB 2414 with text favorable to our hobby. The amended version of HB 2414 was then passed unanimously by the House. Due to time constraints, or more likely pressure from Representative Harvey Hilderbran at the end of the session, HB 2414 then died in the Senate without a vote.

HB 12, an unrelated bill, passed the House and Senate but had to go to a conference committee to resolve differences between the House and Senate version. Neither the senate or house version of HB 12 had any of the HB 2414 text at that time.

According to the Guide to Texas Legislative Information (GTLI):
A conference committee's charge is limited to reconciling
differences between the two chambers, and the committee,
unless so directed, may not alter, amend, or omit text that
is not in disagreement. Nor may the committee add text on any
matter that is not in disagreement or that is not included in
either version of the bill in question.

Representative Harvey Hilderbran got around this limitation by authoring, introducing and passing HR 2912 in the House of Representatives and getting State Senator Craig Estes (R-Wichita Falls) to author, introduce, and pass SR 1195 in the State Senate.

HR 2912 and SR 1195 gave the Conference Committee on HB 12 permission to add the pre-amendment version of HB 2414, despite the fact that this text was defeated via amendment in the House and was never voted on in the Senate, by stating the following:
(9) House Rule 13, Section 9, is suspended to permit the
committee to amend Subchapter A, Chapter 62, Parks and Wildlife
Code, by adding Section 62.0031 to read as follows:
Sec. 62.0031. HUNTING FROM PUBLIC ROAD OR RIGHT-OF-WAY
PROHIBITED. (a) Except as provided by Subsection (b), a person may
not hunt a wild animal or bird when the person is on a public road or
right-of-way.
(b) This section does not apply to the trapping of a raptor
for educational or sporting purposes as provided by Chapter 49.
Explanation: The change is necessary to prohibit certain
persons from hunting a wild animal or bird when the person is on a
public road or right-of-way.[/list]

The Conference Committee on HB 12, chaired by Harvey Hilderbran and Craig Estes then drafted the Conference Committee Report that drastically changed HB 12. The revised bill was then pushed through the House and Senate in the end of session rush.

The end result is that a ban on collecting Reptiles and Amphibians from public roads and right of ways that was defeated in the House and killed in the Senate by committee delays, was snuck into another bill via riders and passed into law assuming signature by the Governor.

These actions by Hilderbran and Estes thwarted the intent the Texas House, ignored the inaction of the Senate, and blindsided thousands of Texas hobbyist and sportsmen to push the agenda of Representative Harvey Hilderbran.

WHY SHOULD YOU CARE?
Because this is a clear and blatant abuse of the legislative process in Texas and it illustrates how an unethical Legislator can push through an unfavorable agenda.

WHAT CAN YOU DO ABOUT IT?
Send a message.
1) Let our Legislators know that these types of abuses will not be tolerated.
2) Campaign against Representative Harvey Hilderbran and Senator Craig Estes.
3) Call their offices and voice your displeasure.
4) Forward this Web Page to EVERY Texan you know.
5) E-mail a link to this page to every single contact in your address book.
6) Call Governor Rick Perry

CALL GOVERNOR RICK PERRY AND URGE HIM TO SELECT ANOTHER CANDIDATE FOR THE VACANT SEAT IN THE TEXAS PARKS AND WILDLIFE DEPARTMENT
Telephone
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Office of the Governor Main Switchboard: (512) 463-2000
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Texas Governor's Office

CONTACT INFO FOR REPRESENTAITVE HARVEY HILDERBRAN - CALL HIM NOW AND LET HIM KNOW WHAT YOU THINK!
District: 53
Capitol Office: CAP GW.12
Capitol Address: P.O. Box 2910
Austin, TX 78768
Capitol Phone: (512) 463-0536
District Address: 125 Lehmann Drive
Kerrville, TX 78028
District Phone: (830) 257-2333

CONTACT INFO FOR SENATOR CRAIG ESTES - CALL HIM NOW AND LET HIM KNOW WHAT YOU THINK!
District: 30
Capitol Office: CAP 3E.8
Capitol Address: P.O. Box 12068, Capitol Station
Austin, TX 78711
Capitol Phone: (512) 463-0130
District Address: 2716 Commerce St., Suite 101
Wichita Falls, TX 76301
District Phone: (940) 689-0191