By: Allen of Dallas (Senate Sponsor-Armbrister) H.B. No. 1636
(In the Senate - Received from the House May 16, 2005;
May 17, 2005, read first time and referred to Committee on Natural
Resources; May 20, 2005, reported favorably by the following vote:
Yeas 9, Nays 0; May 20, 2005, sent to printer.)
A BILL TO BE ENTITLED
AN ACT
relating to residency in relation to a license or permit or certain
hunting and catching restrictions of the Parks and Wildlife
Department; providing a penalty.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter A, Chapter 11, Parks and Wildlife
Code, is amended by adding Section 11.004 to read as follows:
Sec. 11.004. RULES RELATING TO RESIDENCY FOR HUNTING AND
OTHER PURPOSES. (a) The commission by rule may prescribe the proof
required to demonstrate residency in this state for the purpose of
obtaining a license or permit issued by the department.
(b) In addition to any other rules adopted under Subsection
(a), the commission may adopt rules relating to residency for the
purposes of hunting or catching any animal in this state through the
use of any device that remotely controls another device used to hunt
or catch the animal.
(c) A rule described by Subsection (b) may prohibit a class
or classes of persons from hunting or catching an animal in the
manner described by Subsection (b) if the rule treats a class of
persons in a substantially similar manner regardless of whether a
person in the class is a resident or nonresident. A person who
violates a rule adopted under Subsection (b) commits an offense
that is a Class A Parks and Wildlife misdemeanor, and each animal
the person hunts or catches in violation of the rule is a separate
offense.
SECTION 2. If H.B. No. 391, Acts of the 79th Legislature,
Regular Session, 2005, or other legislation substantially similar
to that Act becomes law, Sections 11.004(b) and (c), Parks and
Wildlife Code, as added by this Act, are void and do not take
effect.
SECTION 3. This Act takes effect 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. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2005.
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