By Brimer H.B. No. 1778
Line and page numbers may not match official copy.
Bill not drafted by TLC or Senate E&E.
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the provisions of the hunter education program.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Section 62.014, Parks and Wildlife Code, is
1-5 amended to read as follows:
1-6 (a) In this section:
1-7 (1) "Firearm" means any device designed, made, or
1-8 adapted to expel a projectile through a barrel by using the energy
1-9 generated by an explosion or burning substance or any device
1-10 readily convertible to that use.
1-11 (2) "Archery equipment" means a long bow, recurved
1-12 bow, or compound bow.
1-13 (b) If funds are available for its implementation, the
1-14 department may establish and administer a mandatory statewide
1-15 hunter education program for persons under 18 years of age but over
1-16 11 years of age and may require a person to have successfully
1-17 completed a training course before the person may hunt with
1-18 firearms, archery equipment as defined in Subsection (a) of this
1-19 section, or crossbows in Texas.
1-20 (c) The program must include but is not limited to
1-21 instruction concerning:
1-22 (1) the safe handling and use of firearms, archery
2-1 equipment, and crossbows;
2-2 (2) wildlife conservation and management;
2-3 (3) hunting laws and applicable rules and regulations;
2-4 and
2-5 (4) hunting safety and ethics, including landowners'
2-6 rights.
2-7 (d) The department shall issue a certificate to a person who
2-8 has successfully completed a hunter education course. The
2-9 department shall prescribe the form of the certificate.
2-10 (e) [If funds are available for its implementation the
2-11 commission may establish a mandatory hunter education program and
2-12 may require a person to have successfully completed a training
2-13 course before the person may hunt with firearms, archery equipment
2-14 as defined in Subsection (a) of this section, or crossbows in
2-15 Texas.] If a person is required to possess a certificate as
2-16 described in subsection (b), [the certificate is so required], the
2-17 person must possess the certificate or other evidence of completion
2-18 of the program while hunting with firearms, archery equipment as
2-19 defined in Subsection (a) of this section, or crossbows.
2-20 (f) The commission may provide that residents or
2-21 nonresidents who have successfully completed the same or a
2-22 comparable hunter education course and possess a certificate or
2-23 other evidence of completion have satisfied the requirements
2-24 imposed under this subsection. [The commission may establish a
2-25 minimum age for participation in the program.]
2-26 (g) Those persons who cannot participate in the hunter
3-1 education program because they do not meet the minimum age or other
3-2 requirements established by the commission can only hunt with
3-3 firearms, archery equipment as defined in Subsection (a) of this
3-4 section, or crossbows in Texas if they are accompanied by a person
3-5 who is 17 years of age or older and licensed to hunt in Texas.
3-6 (h) Additionally, a person under 17 years of age hunting
3-7 with a person licensed to hunt in Texas who is 17 years of age or
3-8 older is not required to have certification under this Act. [The
3-9 commission may implement the program by age group. Persons who are
3-10 17 years of age or older on September 1, 1988, or on the date on
3-11 which a mandatory hunter education course is implemented, whichever
3-12 is later, are exempt from the requirements imposed under this
3-13 subsection.]
3-14 (i) The department is responsible for offering mandatory
3-15 hunter education courses that are accessible to those persons
3-16 required to take this course. [To this end, t]The department shall
3-17 provide hunter education opportunities in each county of the state
3-18 when a substantial number of residents request a class or at least
3-19 once a year.
3-20 (j) The department shall make available on the Internet the
3-21 hunter education course as described by this section in its
3-22 entirety, including all tests required by the department for
3-23 successful completion of the course necessary for certification
3-24 and all the necessary study material.
3-25 (k) The commission may maximize the utilization of volunteer
3-26 instructors to minimize the costs of the course and is authorized
4-1 to charge a fee not to exceed $15 to defray administrative costs.
4-2 Fees collected under this subsection, less any instructor expenses
4-3 approved by the department, shall be deposited to the credit of the
4-4 game, fish, and water safety account. The commission by rule may
4-5 establish a procedure to allow a volunteer instructor to retain an
4-6 amount from the fees collected by the instructor under this
4-7 subsection to cover the instructor's actual and necessary
4-8 out-of-pocket expenses.
4-9 (l) The department shall determine qualifications for
4-10 instructors in the hunter education program and shall recruit,
4-11 train, and certify instructors for the program.
4-12 (m) The department may cooperate with educational
4-13 institutions, local governments, individuals, or organizations
4-14 interested in hunter education in administering this section. The
4-15 department may accept gifts, grants, and donations to be used in
4-16 administering this section.
4-17 (n) The commission shall adopt rules to implement the hunter
4-18 education program.
4-19 (o) The commission may establish an incentive program to
4-20 encourage citizens to participate in the program as instructors.
4-21 (p) A person who violates any provision of this section or
4-22 any proclamation or regulation of the commission issued under the
4-23 authority of this section commits an offense.
4-24 (q) If the commission requires a person to possess a
4-25 certificate issued under this section and if the person is charged
4-26 with a Class C Parks and Wildlife Code misdemeanor for failing to
5-1 possess the required certificate, the person may present to the
5-2 court not later than the 10th day after the date of the alleged
5-3 offense an oral request or written motion to take a hunter safety
5-4 training course.
5-5 (r) If a person requests a hunter safety training course as
5-6 provided by Subsection (d) of this section, the court shall defer
5-7 proceedings and allow the person 90 days to present written
5-8 evidence that, after being charged with failure to possess the
5-9 certificate, the person has successfully completed a hunter safety
5-10 training course approved by the department. If a person
5-11 successfully completes the course and the evidence presented is
5-12 accepted by the court, the court shall dismiss the charge.
5-13 (s) It is a defense to prosecution under this section for
5-14 failure to possess a certificate that the person charged produces
5-15 in court a certificate issued to that person that was valid on the
5-16 date of the alleged offense.
5-17 SECTION 2. This Act takes effect September 1, 2001.