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  81R9230 SGA-F
 
  By: Kuempel H.B. No. 1805
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the use of laser sighting devices by hunters who have
  certain documented disabilities.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 62.005, Parks and Wildlife Code, is
  amended to read as follows:
         Sec. 62.005.  HUNTING WITH LIGHT.  Except as provided by
  Section 62.0055 or 62.0056, no person may hunt a game animal or bird
  protected by this code with the aid of an artificial light that
  casts or reflects a beam of light onto or otherwise illuminates the
  game animal or bird, including the headlights of a motor vehicle.
         SECTION 2.  Subchapter A, Chapter 62, Parks and Wildlife
  Code, is amended by adding Section 62.0056 to read as follows:
         Sec. 62.0056.  HUNTING WITH LASER SIGHTING DEVICE BY HUNTERS
  WITH CERTAIN DISABILITIES. (a)  In this section, "physically
  disabled person" means a person with a documented physical
  disability that renders the person incapable of using a traditional
  firearm sighting device. A physician's statement certifying the
  extent of the disability is sufficient documentation.
         (b)  A hunter who is a physically disabled person may use a
  laser sighting device during regular hunting hours when assisted by
  a person who:
               (1)  is not physically disabled;
               (2)  has a hunting license;  and
               (3)  is at least 13 years of age.
         (c)  The hunter who is a physically disabled person must
  carry proof of being physically disabled.
         (d)  Section 62.014 applies to a hunter under this section.
         SECTION 3.  (a)  Not later than September 1, 2009, the Parks
  and Wildlife Commission shall adopt rules that prescribe what is
  acceptable as proof of being a physically disabled person under
  Section 62.0056, Parks and Wildlife Code, as added by this Act.
         (b)  The Parks and Wildlife Department may not enforce
  Section 62.0056(c), Parks and Wildlife Code, as added by this Act,
  until the rules adopted under Subsection (a) of this section take
  effect.
         SECTION 4.  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, 2009.