By Turner of Coleman H.B. No. 857
76R4419 WP-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to allowing for release and recapture of pen-reared game
1-3 birds for training hunting dogs; providing a penalty.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Chapter 64, Parks and Wildlife Code, is amended
1-6 by adding Subchapter D to read as follows:
1-7 SUBCHAPTER D. TRAINING BIRD HUNTING DOGS
1-8 Sec. 64.031. DEFINITION. In this subchapter "pen-reared
1-9 quail" means all varieties of quail listed in Section 64.001 that
1-10 may be hunted as provided by this code and that are propagated or
1-11 acquired under Chapter 45.
1-12 Sec. 64.032. QUAIL IN CAPTIVITY; BANDING. (a) All
1-13 pen-reared quail released for the purpose of training bird hunting
1-14 dogs shall be banded with a metal or plastic band before release.
1-15 (b) Each band must identify the pen-reared quail as
1-16 specified by the department.
1-17 (c) The band must permanently remain on each bird used under
1-18 this subchapter.
1-19 Sec. 64.033. RELEASE AND RECAPTURE. (a) A person may
1-20 release pen-reared quail under this subchapter to train bird
1-21 hunting dogs.
1-22 (b) The release of pen-reared quail to train bird hunting
1-23 dogs may take place only on private property.
1-24 (c) Pen-reared quail released to train bird hunting dogs may
2-1 be recaptured. A recaptured pen-reared quail may be used only in a
2-2 manner provided for by this subchapter.
2-3 (d) A license is not required to release pen-reared quail
2-4 under this subchapter.
2-5 Sec. 64.034. RULES. The commission may adopt rules
2-6 necessary to administer this subchapter, including any provision,
2-7 limitation, or prohibition necessary to manage and protect game
2-8 birds occurring naturally in the wild.
2-9 Sec. 64.035. HARMING PEN-REARED QUAIL. No person may
2-10 intentionally harm or kill pen-reared quail released under this
2-11 subchapter.
2-12 Sec. 64.036. PENALTY. A person who violates this subchapter
2-13 or a rule adopted under this subchapter commits an offense that is
2-14 a Class C Parks and Wildlife Code misdemeanor.
2-15 SECTION 2. This Act takes effect September 1, 1999.
2-16 SECTION 3. The importance of this legislation and the
2-17 crowded condition of the calendars in both houses create an
2-18 emergency and an imperative public necessity that the
2-19 constitutional rule requiring bills to be read on three several
2-20 days in each house be suspended, and this rule is hereby suspended.