By: McReynolds H.B. No. 1959
A BILL TO BE ENTITLED
AN ACT
relating to the hunting of deer with dogs and the taking of wildlife
resources without the consent of the landowner; providing
penalties.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. It is the intent of the legislature by passage of
this Act 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. 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 2. Sec. 62.0065. HUNTING DEER WITH DOGS. (a)
Except as provided by Subsection (d), a person may not recklessly
use a dog in hunting or pursuing 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 that the defendant
was not the owner or in immediate possession of the dog or that the
offense 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 3. 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 a rule adopted under 62.0065, or 62.011(c) 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 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 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 a rule adopted under 62.0065, or 62.011(c) of this code
is punishable by the revocation or suspension under Section 12.5015
of hunting and fishing licenses and permits.
SECTION 4. 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 a rule adopted
under 62.0065, or 62.011(c), the court entering judgment of
conviction may order any weapon or other personal property used in
the commission of the offense destroyed or forfeited to the
department.
(c) This section does not apply to a vehicle, aircraft, [or]
vessel, or dog.
SECTION 5. 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 or a
rule adopted under 62.0065, 62.011, 66.004(a), or 66.004(c).
(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
or a rule adopted under 62.0065, 62.011(c), 66.004(a), or
66.004(c), 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 or a rule adopted under
62.0065, 62.011(c), 66.004(a), or 66.004(c), 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.
SECTION 6. (a) The change in law made by this Act applies
only to an offense committed on or after the effective date of this
Act. For purposes of this section, an offense is committed before
the effective date of this Act if any element of the offense occurs
before that date.
(b) An offense committed before the effective date of this
Act is governed by the law in effect when the offense was committed,
and that law is continued in effect for that purpose.
SECTION 7. This Act takes effect September 1, 2005.