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.