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AN ACT
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relating to the consistent use of the term "game warden" throughout |
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the Parks and Wildlife Code. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 43.406, Parks and Wildlife Code, is |
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amended to read as follows: |
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Sec. 43.406. REFUSAL TO SHOW STAMP. A person fishing in |
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saltwater for sporting purposes who refuses on demand of any game |
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warden [management officer] or peace officer to show a saltwater |
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sportfishing stamp is presumed to be in violation of Section 43.402 |
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[of this code]. |
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SECTION 2. Sections 43.525(a) and (b), Parks and Wildlife |
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Code, are amended to read as follows: |
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(a) Except as provided by Subsection (b) [of this section], |
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a person commits an offense if the person is using land under the |
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department's control and fails or refuses to show a conservation |
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permit issued to the person on the demand of a game warden |
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[management officer], peace officer, or department employee. |
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(b) It is not an offense under Subsection (a) [of this
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section] if a person who is using land under the department's |
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control fails to show a conservation permit on the demand of a game |
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warden [management officer], peace officer, or department |
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employee, and that person: |
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(1) entered land under the department's control as an |
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occupant of a privately owned, noncommercial vehicle in which at |
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least one other occupant possesses and is able to show a |
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conservation permit issued to that other occupant; or |
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(2) is a member of a group of individuals that the |
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department has exempted from the requirement for a conservation |
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permit. |
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SECTION 3. Section 43.807, Parks and Wildlife Code, is |
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amended to read as follows: |
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Sec. 43.807. REFUSAL TO SHOW STAMP. A person fishing in |
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fresh water for sporting purposes who refuses on demand of any game |
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warden [management officer] or peace officer to show a freshwater |
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fishing stamp or proof that the person is exempt under Section |
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43.802(b) or a rule adopted under that section is presumed to be in |
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violation of Section 43.802. |
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SECTION 4. Section 76.005(b), Parks and Wildlife Code, is |
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amended to read as follows: |
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(b) The failure of an owner of riparian rights described in |
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Section 76.004(a) [of this code] to have an affidavit when required |
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by the department or to show it to a game warden [management
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officer] on request or to the person to whom the oysters are offered |
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for sale when required by the department is prima facie evidence |
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that the oysters were produced from public beds. |
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SECTION 5. Section 76.117, Parks and Wildlife Code, is |
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amended to read as follows: |
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Sec. 76.117. OBEDIENCE TO ORDERS. No person may fail or |
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refuse to obey a lawful order of a commissioned game warden |
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[management officer] of the department issued under the authority |
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of this chapter. |
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SECTION 6. Section 202.031(b), Parks and Wildlife Code, is |
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amended to read as follows: |
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(b) This section does not apply to peace officers, game |
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wardens [management officers], or representatives of the Parks and |
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Wildlife Commission in the discharge of their official duties, nor |
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does it prevent a person from hunting with a shotgun during an open |
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season or when it is lawful to hunt in or upon Caddo Lake in Harrison |
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County. |
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SECTION 7. Section 283.022(b), Parks and Wildlife Code, is |
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amended to read as follows: |
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(b) This section does not apply to a peace officer or game |
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warden [management officer] of this state or to a regular employee |
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of the Panola County Fresh Water Supply District Number 1. |
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SECTION 8. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2011. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I certify that H.B. No. 1346 was passed by the House on April |
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14, 2011, by the following vote: Yeas 141, Nays 1, 1 present, not |
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voting. |
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______________________________ |
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Chief Clerk of the House |
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I certify that H.B. No. 1346 was passed by the Senate on May |
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6, 2011, by the following vote: Yeas 30, Nays 1. |
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______________________________ |
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Secretary of the Senate |
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APPROVED: _____________________ |
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Date |
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_____________________ |
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Governor |