By Sims                                               S.B. No. 1152
       74R7909 JMM-D
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to the hunting, taking, or killing of certain endangered
    1-3  species;  providing a penalty.
    1-4        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-5        SECTION 1.  Chapter 68, Parks and Wildlife Code, is amended
    1-6  by adding Section 68.0011 to read as follows:
    1-7        Sec. 68.0011.  HUNTING, TAKING, OR KILLING PROHIBITED.  (a)
    1-8  No person may hunt wildlife of a species or catch fish of a species
    1-9  that is listed with the secretary of state under Section 68.003 as
   1-10  threatened with statewide extinction.
   1-11        (b)  It is a defense to prosecution for killing or attempting
   1-12  to kill a carnivorous mammal, or other wildlife, of a species
   1-13  listed with the secretary of state under Section 68.003 that:
   1-14              (1)  the mammal or wildlife was stalking, pursuing,
   1-15  killing, or injuring domestic livestock or fowl; and
   1-16              (2)  the person who killed the mammal or wildlife
   1-17  immediately and before the carcass was moved notified the
   1-18  department of the location of the carcass.
   1-19        SECTION 2.  (a)  This Act takes effect September 1, 1995.
   1-20        (b)  The change in law made by this Act applies only to an
   1-21  offense that occurs on or after the effective date of this Act.
   1-22  For purposes of this section, an offense is committed before the
   1-23  effective date of this Act if any element of the offense occurs
   1-24  before that date.
    2-1        (c)  An offense committed before the effective date of this
    2-2  Act is covered by the law in effect when the offense was committed,
    2-3  and the former law is continued in effect for that purpose.
    2-4        SECTION 3.  The importance of this legislation and the
    2-5  crowded condition of the calendars in both houses create an
    2-6  emergency and an imperative public necessity that the
    2-7  constitutional rule requiring bills to be read on three several
    2-8  days in each house be suspended, and this rule is hereby suspended.