Amend CSHB 2026 (House Committee Printing) as follows:
(1) Insert the following appropriately numbered SECTIONS and renumber subsequent SECTIONS of the bill accordingly:
SECTION _____. Section 62.0065, Parks and Wildlife Code, as
added by this Act, is intended to provide an enforcement tool to
deter the unlawful hunting of deer with dogs in certain East Texas
counties where the activity has historically occurred. Section
62.0065, Parks and Wildlife Code, as added by this Act, is not
intended to prevent a person from engaging in lawful hunting
activities, including hunting waterfowl, feral hogs, white-tailed
deer, and red or gray squirrels, or trailing a wounded deer in
counties where that is lawful.
SECTION _____. Subchapter A, Chapter 62, Parks and Wildlife
Code, is amended by adding Section 62.0065 to read as follows:
Sec. 62.0065. HUNTING DEER WITH DOGS. (a) Except as
provided by Subsection (d), a person may not recklessly use a dog to
hunt or pursue a deer in this state.
(b) The commission by rule may prescribe the type of firearm
that may be possessed during an open deer season by a person who is
in actual or constructive possession of a dog while in the field on
another person's land or property in Angelina, Hardin, Harris,
Harrison, Houston, Jasper, Jefferson, Liberty, Montgomery,
Nacogdoches, Newton, Orange, Panola, Polk, Rusk, Sabine, San
Augustine, San Jacinto, Shelby, Trinity, Tyler, or Walker County.
(c) It is not a defense to prosecution under Subsection (a)
or to prosecution for violation of a rule adopted under Subsection
(b) that the defendant was not the owner or in immediate possession
of the dog or that the offense or violation was committed without
the effective consent of the dog's owner.
(d) The commission by rule may authorize the use of dogs to
trail wounded deer.
SECTION _____. Sections 62.013(b) and (c), Parks and
Wildlife Code, are amended to read as follows:
(b) A person who violates Section 62.003, 62.004, 62.005,
62.0065, or 62.011(c), or a rule adopted under Section 62.0065 [of
this code] commits an offense that is a Class A Parks and Wildlife
Code misdemeanor, unless it is shown at the trial of the defendant
for a violation of that section or rule, as appropriate, that the
defendant has been convicted one or more times before the trial date
of a violation of that section or rule, as appropriate, in which
case the offense is a Parks and Wildlife Code state jail felony.
(c) In addition to the punishments provided in Subsections
(a) and (b), a person who violates Section 62.003, 62.004, 62.005,
62.0065, or 62.011(c), or a rule adopted under Section 62.0065 [of
this code] is punishable by the revocation or suspension under
Section 12.5015 of hunting and fishing licenses and permits.
SECTION _____. Sections 62.017(a) and (c), Parks and
Wildlife Code, are amended to read as follows:
(a) If a person is finally convicted of an offense under
Section 61.022, 62.003, 62.004, 62.005, 62.0065, or 62.011(c), or
violation of a rule adopted under Section 62.0065, the court
entering judgment of conviction may order any weapon or other
personal property used in the commission of the offense or
violation destroyed or forfeited to the department.
(c) This section does not apply to a vehicle, aircraft, [or]
vessel, or dog.
SECTION _____. Sections 12.5015(a), (b), and (c), Parks and
Wildlife Code, are amended to read as follows:
(a) Except as provided by this section, any hunting or
fishing license or permit issued by the department to a person is
automatically revoked on final conviction of the person of an
offense under Section 61.022, 62.003, 62.004, 62.005, 62.0065,
62.011(c), 66.004(a), or 66.004(c) or a violation of a rule adopted
under Section 62.0065.
(b) If the holder of a lifetime license is finally convicted
of an offense under Section 61.022, 62.003, 62.004, 62.005,
62.0065, 62.011(c), 66.004(a), or 66.004(c), or a violation of a
rule adopted under Section 62.0065, the person's lifetime license
is automatically suspended. The suspension is for a period set by
the court of not less than one year or more than five years. If the
court does not set a period, the suspension is for one year from the
date the conviction becomes final.
(c) On conviction of a person for an offense under Section
61.022, 62.003, 62.004, 62.005, 62.0065, 62.011(c), 66.004(a), or
66.004(c), or a violation of a rule adopted under Section 62.0065,
the court shall set a period of not less than one year and not more
than five years during which the department may not issue that
person a license, tag, or stamp under Chapter 42, 46, or 50. If the
court does not set a period, the department may not issue that
person a license, tag, or stamp under Chapter 42, 46, or 50 before
the first anniversary of the date the conviction becomes final.
(2) On page 14, line 26, strike "Section 12.409" and
substitute "Sections 12.409, 12.5015, 62.013, and 62.017".