By Sims S.B. No. 1106
74R7924 JMM-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the management of wildlife resources; providing a
1-3 penalty.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. The heading to Subchapter D, Chapter 23, Parks
1-6 and Wildlife Code, is amended to read as follows:
1-7 SUBCHAPTER D. <DAVY CROCKETT> NATIONAL FORESTS <FOREST>
1-8 SECTION 2. Section 23.041, Parks and Wildlife Code, is
1-9 amended to read as follows:
1-10 Sec. 23.041. Agreements for Wildlife Management. <(a)> The
1-11 department may agree with the proper agency of the United States
1-12 for the protection and management of wildlife resources and for
1-13 restocking desirable species of wildlife <in portions of the Davy
1-14 Crockett National Forest, in Houston and Trinity counties, that can
1-15 be designated by a natural boundary. A natural boundary may be a
1-16 road, lake, stream, canyon, rock, bluff, island, or other natural
1-17 feature>.
1-18 <(b) No agreement under this section may cover more than
1-19 40,000 acres at any one time during any five-year period.>
1-20 SECTION 3. Section 23.043, Parks and Wildlife Code, is
1-21 amended to read as follows:
1-22 Sec. 23.043. Hunting and Fishing Regulations. The
1-23 commission may promulgate regulations applicable to wildlife
1-24 management on federal lands as part of a wildlife management
2-1 agreement <the Davy Crockett National Forest, in Houston and
2-2 Trinity counties,> to:
2-3 (1) prohibit hunting and fishing for periods of time
2-4 as necessary to protect wildlife;
2-5 (2) provide open seasons for hunting and fishing;
2-6 (3) provide limitations on the number, size, kind, and
2-7 sex of wildlife that may be taken; and
2-8 (4) prescribe the conditions under which wildlife may
2-9 be taken.
2-10 SECTION 4. Section 23.044, Parks and Wildlife Code, is
2-11 amended to read as follows:
2-12 Sec. 23.044. Penalty. A person who violates any rule or
2-13 regulation of the commission adopted under this subchapter or who
2-14 hunts or fishes on federal lands included in a wildlife management
2-15 agreement <in the Davy Crockett National Forest> at any time other
2-16 than the open season commits an offense that is a Class C Parks and
2-17 Wildlife Code misdemeanor.
2-18 SECTION 5. Section 62.021, Parks and Wildlife Code, is
2-19 amended by amending Subsections (a), (c), and (d) and adding
2-20 Subsection (e) to read as follows:
2-21 (a) Except as provided by Subsections (c), (d), and (e), no
2-22 <No> person may sell, offer for sale, purchase, offer to purchase,
2-23 or possess after purchase a wild bird, <wild> game bird, or <wild>
2-24 game animal, dead or alive, or part of the bird or animal.
2-25 (c) A person may sell the hide, antlers, bones, hooves,
2-26 sinew, and other inedible parts of a deer or elk <Subsection (a) of
2-27 this section does not apply to deer hides>.
3-1 (d) This section does not prohibit the sale of an edible
3-2 portion of an elk taken or raised in captivity in a county where an
3-3 elk is not defined as a game animal <The commission by proclamation
3-4 shall authorize and regulate the sale, purchase, and possession
3-5 after purchase of deer antlers>.
3-6 (e) This section does not prohibit the sale of a live
3-7 white-tailed deer, mule deer, or other game animal or game bird if
3-8 the sale is conducted under the authority of a license or permit
3-9 under this code.
3-10 SECTION 6. Section 62.082, Parks and Wildlife Code, is
3-11 amended to read as follows:
3-12 Sec. 62.082. Target Ranges and Managed Hunts. (a) The
3-13 Board of Directors of the Lower Colorado River Authority may lease
3-14 river authority land to be used on a nonprofit basis for a target
3-15 rifle or archery range <only and not for hunting>.
3-16 (b) A member of the boy scouts or the girl scouts or other
3-17 nonprofit public service group or organization may possess and
3-18 shoot a firearm, bow, and crossbow for target or instructional
3-19 purposes under the supervision of a qualified instructor registered
3-20 with and approved by the Lower Colorado River Authority on ranges
3-21 designated by the Lower Colorado River Authority. This subsection
3-22 does not permit hunting by any person.
3-23 (c) The board of directors may authorize hunting by legal
3-24 means on Lower Colorado River Authority land in a manner consistent
3-25 with sound biological management practices normally exercised to
3-26 protect or use wildlife resources.
3-27 (d) Section 62.081 does not apply to an employee of the
4-1 Lower Colorado River Authority, a person authorized to hunt under
4-2 Subsection (c), or a peace officer acting within the person's scope
4-3 of employment or duties.
4-4 SECTION 7. Section 64.022, Parks and Wildlife Code, is
4-5 amended to read as follows:
4-6 Sec. 64.022. Authority of Department. (a) The department
4-7 shall provide the open season, <and> means, methods, and devices
4-8 for the taking and possessing of migratory game birds.
4-9 (b) The commission may delegate the department's authority
4-10 under Subsection (a) to the director.
4-11 SECTION 8. Chapter 68, Parks and Wildlife Code, is amended
4-12 by adding Section 68.0011 to read as follows:
4-13 Sec. 68.0011. HUNTING, TAKING, OR KILLING PROHIBITED. (a)
4-14 No person may hunt wildlife of a species or catch fish of a species
4-15 that is listed with the secretary of state under Section 68.003 as
4-16 threatened with statewide extinction.
4-17 (b) It is a defense to prosecution for killing or attempting
4-18 to kill a carnivorous mammal, or other wildlife, of a species
4-19 listed with the secretary of state under Section 68.003 that:
4-20 (1) the mammal or wildlife was stalking, pursuing,
4-21 killing, or injuring domestic livestock or fowl; and
4-22 (2) the person who killed the mammal or wildlife
4-23 immediately and before the carcass was moved notified the
4-24 department of the location of the carcass.
4-25 SECTION 9. The following provisions of the Parks and
4-26 Wildlife Code are repealed:
4-27 (1) Subchapter E, Chapter 23; and
5-1 (2) Section 61.056.
5-2 SECTION 10. (a) This Act takes effect September 1, 1995.
5-3 (b) The change in law made by this Act applies only to an
5-4 offense that occurs on or after the effective date of this Act.
5-5 For purposes of this section, an offense is committed before the
5-6 effective date of this Act if any element of the offense occurs
5-7 before that date.
5-8 (c) An offense committed before the effective date of this
5-9 Act is covered by the law in effect when the offense was committed,
5-10 and the former law is continued in effect for that purpose.
5-11 SECTION 11. The importance of this legislation and the
5-12 crowded condition of the calendars in both houses create an
5-13 emergency and an imperative public necessity that the
5-14 constitutional rule requiring bills to be read on three several
5-15 days in each house be suspended, and this rule is hereby suspended.