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BILL ANALYSIS

 

 

                                                                                                                                           H.B. 1352

                                                                                                                                              By: Pena

                                                                                                          Culture, Recreation, & Tourism

                                                                                                       Committee Report (Unamended)

 

 

 

BACKGROUND AND PURPOSE

 

In recent years, attempts have been made, within various state legislatures as well as in Congress, to infringe upon the right to hunt and fish. Even in our own state legislature there are attempts to  encroach on these rights which could lead to the prosecution of Texas sportsmen for hunting wildlife. 

 

Hunting and fishing currently are not preserved for the people of Texas under state statute.  Species traditionally pursued by hunters, anglers, and trappers, are not managed by laws and rules that provide individuals with the continued opportunity to take them by traditional means and methods.  The state of Texas needs a policy that applies to every community within the state and would not be impinged by local codes or statutes. 

 

The purpose of this bill is to preserve hunting and fishing, a valued part of our heritage, from being infringed upon for the people of Texas.  It seeks to make hunting and fishing, currently a privilege granted by the state, a right of every Texas citizen.  The bill would also serve to protect species traditionally pursued by hunters, anglers, and trappers. 

 

RULEMAKING AUTHORITY

 

It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution. 

 

ANALYSIS

 

Amends Section 1. Subchapter A, Chapter 1, Parks and Wildlife Code by adding Sec. 1.003 which states that hunting and fishing shall be preserved for the people of Texas; and that fish and wildlife shall be managed by laws and rules that provide individuals with the continued opportunity to take them by traditional means and methods.

 

EFFECTIVE DATE

 

This Act takes effect September 1, 2005 or immediately if it receives a vote of two-thirds of all the members elected to each house, as provided by Section 39, Article III, Texas Constitution.