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A BILL TO BE ENTITLED
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AN ACT
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relating to prohibiting the production or distribution of certain |
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records of field trials or the process of hunting or catching |
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wildlife; providing a civil remedy and creating an offense. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 62.0125, Parks and Wildlife Code, is |
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amended by adding Subsections (e-1), (i), and (j) to read as |
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follows: |
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(e-1) No person may, without the landowner's consent: |
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(1) use any device to produce an audio, visual, or |
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audiovisual record of a person or a person's property lawfully |
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engaged in field trials or in any part of the process of hunting or |
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catching wildlife on the landowner's property; or |
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(2) distribute a record described by Subdivision (1). |
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(i) A landowner may bring a civil action against a person |
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who violates Subsection (e-1) to recover: |
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(1) an amount equal to not more than three times the |
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actual and consequential damages caused by the violation; |
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(2) court costs; and |
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(3) reasonable attorney's fees. |
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(j) The cause of action created by Subsection (i) is |
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cumulative of any other remedy provided by common law or statute. |
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SECTION 2. Section 62.0125(h), Parks and Wildlife Code, is |
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repealed. |
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SECTION 3. (a) The repeal by this Act of Section |
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62.0125(h), Parks and Wildlife Code, does not apply to an offense |
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committed under that section before the effective date of this Act. |
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For purposes of this section, an offense is committed before the |
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effective date of this Act if any element of the offense occurs |
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before that date. |
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(b) An offense committed before the effective date of this |
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Act is governed by Section 62.0125(h), Parks and Wildlife Code, as |
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it existed when the offense was committed, and the former law is |
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continued in effect for that purpose. |
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SECTION 4. This Act takes effect September 1, 2013. |