AUTHOR'S / SPONSOR'S STATEMENT OF INTENT

 

In response to the concerns of landowners about individuals discharging firearms or shooting arrows from bows on the landowners' properties along waterways in certain counties, a recent legislature enacted legislation prohibiting the discharge of such weapons along certain navigable rivers and streams in Texas.  That statutory provision, however, unintentionally prohibited bowfishing, which involves spearing fish by discharging a barbed fishing arrow from a bow equipped with a reel.  H.B. 3808 proposes to correct the unintended effect of that law by authorizing a person to engage in bowfishing under certain conditions, while maintaining the prohibition against discharging other weapons that do not meet the legal requirements for bowfishing.

 

H.B. 3808 amends current law relating to fishing with certain archery equipment in certain counties.

 

RULEMAKING AUTHORITY

 

This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency.

 

SECTION BY SECTION ANALYSIS

 

SECTION 1.  Amends Section 284.001, Parks and Wildlife Code, by amending Subsections (a) and (d), and adding Subsection (f), as follows: 

 

(a) Defines, in this section, "archery equipment," and makes nonsubstantive changes.

 

(d) Provides that this section does not apply to certain actions or individuals, including an individual engaging in fishing using archery equipment, if the individual is in compliance with Subsection (f).

 

(f) Prohibits an individual engaging in fishing using archery equipment from possessing while fishing:

 

(1) an arrow equipped with fletching of any kind;

 

(2) an unbarbed arrow; or

 

(3) a bow that is not equipped with a reel and line.

 

SECTION 2.  Effective date:  upon passage or September 1, 2011.