1-1                                   AN ACT
 1-2     relating to the protection of bats; providing a penalty.
 1-3           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-4           SECTION 1.  Subchapter B, Chapter 63, Parks and Wildlife
 1-5     Code, is amended by adding Section 63.101 to read as follows:
 1-6           Sec. 63.101.  PROTECTION OF BATS.  (a)  Except as provided by
 1-7     Subsections (b) and (c), no person may:
 1-8                 (1)  hunt a bat; or
 1-9                 (2)  sell, offer for sale, purchase, offer to purchase,
1-10     or possess after purchase a bat or any part of a bat, dead or
1-11     alive.
1-12           (b)  A bat may be removed or hunted if the bat is inside or
1-13     on a building occupied by people.
1-14           (c)  This section does not apply to:
1-15                 (1)  an animal control officer, a peace officer, or a
1-16     health official who captures a bat that the officer or official
1-17     considers injured or diseased;
1-18                 (2)  a person who transports a bat for the purpose of
1-19     laboratory testing if the bat has exposed or potentially exposed
1-20     humans or domestic animals to rabies; or
1-21                 (3)  a person who is licensed to provide pest control
1-22     services.
1-23           SECTION 2.  Subsection (c), Section 63.104, Parks and
1-24     Wildlife Code, is amended to read as follows:
1-25           (c)  A person who violates Section 63.002 or 63.101 of this
 2-1     code commits an offense that is a Class C Parks and Wildlife Code
 2-2     misdemeanor.
 2-3           SECTION 3.  This Act takes effect September 1, 2001, and
 2-4     applies only to an act described by Section 63.101, Parks and
 2-5     Wildlife Code, as added by this Act, committed on or after that
 2-6     date.
         _______________________________     _______________________________
             President of the Senate              Speaker of the House
               I hereby certify that S.B. No. 1194 passed the Senate on
         April 3, 2001, by a viva-voce vote; and that the Senate concurred
         in House amendment on May 14, 2001, by a viva-voce vote.
                                             _______________________________
                                                 Secretary of the Senate
               I hereby certify that S.B. No. 1194 passed the House, with
         amendment, on May 8, 2001, by a non-record vote.
                                             _______________________________
                                                Chief Clerk of the House
         Approved:
         _______________________________
                      Date
         _______________________________
                    Governor