By:  Hilderbran, Guillen                                          H.B. No. 2024



A BILL TO BE ENTITLED

AN ACT

relating to hunter education.                                                 
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Section 62.014, Parks and Wildlife Code, is 
amended by amending Subsections (a), (d), (f), and (h) and adding 
Subsections (n) and (o) to read as follows:
	(a)  In this section:                                                          
		(1)  "Firearm" means any device designed, made, or 
adapted to expel a projectile through a barrel by using the energy 
generated by an explosion or burning substance or any device 
readily convertible to that use.
		(2)  "Archery equipment" means a long bow, recurved 
bow, or compound bow.   
		(3)  "Certified hunter education provider" means a 
person that:      
			(A)  is not an employee of or a volunteer with the 
department;      
			(B)  offers a hunting education course that meets 
the course requirements adopted by the department under Subsection 
(f); and
			(C)  is certified by the department under 
Subsection (n).           
	(d)  If funds are available for its implementation the 
commission may establish a mandatory hunter education program and 
may require a person to have successfully completed a training 
course before the person may hunt with firearms, archery equipment 
as defined in Subsection (a) of this section, or crossbows in Texas.  
If the certificate is so required, the person must possess the 
certificate or other evidence of completion of the program while 
hunting with firearms, archery equipment as defined in Subsection 
(a) of this section, or crossbows.  The commission shall [may] 
provide that residents or nonresidents who have successfully 
completed a hunter education class offered or sponsored by the 
department [the same] or a comparable hunter education course, 
including a hunter education class offered by a certified hunter 
education provider, and possess a certificate or other evidence of 
completion have satisfied the requirements imposed under this 
subsection.  The commission may establish a minimum age for 
participation in the program.  Those persons who cannot participate 
in the hunter education program because they do not meet the minimum 
age or other requirements established by the commission can only 
hunt with firearms, archery equipment as defined in Subsection (a) 
of this section, or crossbows in Texas if they are accompanied by a 
person who is 17 years of age or older and licensed to hunt in Texas.  
Additionally, a person under 17 years of age hunting with a person 
licensed to hunt in Texas who is 17 years of age or older is not 
required to have certification under this Act.
	The commission may implement the program by age group.  
Persons who are 17 years of age or older on September 1, 1988, or on 
the date on which a mandatory hunter education course is 
implemented, whichever is later, are exempt from the requirements 
imposed under this subsection.
	The department is responsible for offering mandatory hunter 
education courses that are accessible to all [those] persons 
required to take this course.  To this end, the department shall 
provide hunter education opportunities in each county of the state 
when a substantial number of residents request a class or at least 
once a year.
	(f)  The department shall determine qualifications for 
instructors in the hunter education program and shall recruit, 
train, and certify instructors for the program.  The department 
shall also determine the qualifications necessary for a hunter 
education provider to obtain certification under Subsection (n) and 
the requirements that a hunter education course offered by a 
certified hunter education provider must satisfy to be comparable 
to the course offered by the department.
	(h)  The commission shall adopt rules to implement:                     
		(1)  the hunter education program;                              
		(2)  the procedure for certifying a hunter education 
provider under Subsection (n); and
		(3)  a procedure for authorizing a hunter education 
course offered by a certified hunter education provider.
	(n)  The department shall establish a procedure through 
which a hunter education provider may obtain certification under 
this section.
	(o)  The Subsection (d) requirement that a person complete a 
training course before the person may hunt does not apply to a 
person who:
		(1)  is a member of the United States military forces 
serving on active duty; or
		(2)  was honorably discharged from the United States 
military forces.
	SECTION 2.  The Parks and Wildlife Department shall adopt 
rules under Section 62.014(h), Parks and Wildlife Code, as amended 
by this Act, as soon as possible after the effective date of this 
Act and not later than January 1, 2006.
	SECTION 3.  This Act takes effect September 1, 2005.