BILL ANALYSIS
By: Hughes
Culture, Recreation, & Tourism
Committee Report (Substituted)
BACKGROUND AND PURPOSE
HB 3144 responds to an on-going public safety problem occurring on a portion of the Big Sandy Creek in Wood County. Individuals frequently divert their vehicles from Texas Farm to Market Highway 2869 (FM 2869), which crosses the Big Sandy Creek, and drive down the man-made, concrete banks supporting the FM 2869 bridge in order to launch their boats or other types of floating devices in the creek. Accessing the creek via the man-made banks of the FM 2869 bridge is extremely dangerous, against the law, and has resulted in an erosion of the bridge's support.
Once the individuals launch their floating devices near the FM 2869 bridge, they travel in both directions along the Big Sandy Creek to hunt wild birds and wild animals, including deer and hogs, with the use of shotguns and high-powered rifles. This creates an extreme public safety problem since houses and a public golf course are located nearby. Trespass issues arise when the individuals leave the ill-defined creek bed to retrieve game from private property. Additionally, trespassers access the creek to enter into private property for the purpose of holding parties, leaving behind trash and creating an uneasiness regarding the use and enjoyment of the property.
HB 3144 resolves this issue by designating the relevant portion of the Big Sandy Creek on both sides of the FM 2869 bridge as an area in which no person may use a boat or any other type of floating device to hunt or to access any land to hunt any wild bird or wild animal. Private landowners and visitors of the public golf course will not be in harm's way once intruders are unable to access the portion of the creek and fire off shotguns and high-powered rifles.
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
SECTION 1: Provides that a person who violates Section 350.001 commits an offense that is a Class A Parks and Wildlife misdemeanor, unless it is shown at trial that the defendant has been convicted one or more times before the trial date of a violation of that section, in which case the offense is a state jail felony.
SECTION 2: Adds Section 350 to the Parks and Wildlife Code which provides that no person may use a boat or any other type of floating device on Big Sandy Creek within certain distances of FM 2869.
SECTION 2: Effective date.
EFFECTIVE DATE
September 1, 2005
COMPARISON OF ORIGINAL TO SUBSTITUTE
The substitute includes Wood County in the relating to clause. It further modifies Section 62.013 (b) and (c), Parks and Wildlife Code, to provide for a penalty and additional punishment for violation of certain sections of the Parks and Wildlife Code. The substitute adds additional descriptions of the area on which a boat may be used in Big Sandy Creek and provides information on penalties for violation of the restrictions laid out therein.