| |
| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
relating to prohibiting the use of certain substances to take |
|
|
nongame wildlife; creating a criminal offense. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Chapter 67, Parks and Wildlife Code, is amended |
|
|
by adding Section 67.0042 to read as follows: |
|
|
Sec. 67.0042. PROHIBITION AGAINST USE OF CERTAIN |
|
|
SUBSTANCES. (a) In this section, "stupefying, noxious, or toxic |
|
|
chemical or substance" includes: |
|
|
(1) a substance classified by the United States |
|
|
Environmental Protection Agency as total petroleum hydrocarbons, |
|
|
such as gasoline, kerosene, mineral oil, benzene, toluene, xylene, |
|
|
or naphthalene; |
|
|
(2) a non-hydrocarbon volatile organic compound, such |
|
|
as acetone, alcohol, ether, formaldehyde, carbon tetrachloride, or |
|
|
a chlorofluorocarbon; |
|
|
(3) a caustic substance or blistering agent, such as |
|
|
an acid, alkali, phenol, chloride, or ammonia; and |
|
|
(4) a pesticide, herbicide, fungicide, or detergent. |
|
|
(b) Except as provided by Subsection (c), no person may: |
|
|
(1) use a stupefying, noxious, or toxic chemical or |
|
|
substance to take, flush out, or dislodge nongame wildlife; or |
|
|
(2) knowingly possess any nongame wildlife that has |
|
|
been taken by use of a stupefying, noxious, or toxic chemical or |
|
|
substance. |
|
|
(c) Subsection (b) does not apply to the use of registered |
|
|
pesticides in accordance with labeling instructions by persons |
|
|
licensed under Chapter 1951, Occupations Code, or Chapter 76, |
|
|
Agriculture Code. |
|
|
SECTION 2. Section 67.005, Parks and Wildlife Code, is |
|
|
amended to read as follows: |
|
|
Sec. 67.005. PENALTY. (a) A person who violates Section |
|
|
67.0042 or a regulation of the commission issued under this chapter |
|
|
commits an offense that is a Class C Parks and Wildlife Code |
|
|
misdemeanor. |
|
|
(b) A person who violates Section 67.0042 or a regulation of |
|
|
the commission issued under this chapter and who has been convicted |
|
|
on one previous occasion of a violation of Section 67.0042 or of a |
|
|
commission regulation under this chapter commits an offense that is |
|
|
a Class B Parks and Wildlife Code misdemeanor. |
|
|
(c) A person who violates Section 67.0042 or a regulation of |
|
|
the commission issued under this chapter and who has been convicted |
|
|
on two or more previous occasions of a violation of Section 67.0042 |
|
|
or of commission regulations under this chapter commits an offense |
|
|
that is a Class A Parks and Wildlife Code misdemeanor. |
|
|
SECTION 3. The change in law made by this Act applies only |
|
|
to an offense committed on or after the effective date of this Act. |
|
|
An offense committed before the effective date of this Act is |
|
|
governed by the law in effect on the date the offense was committed, |
|
|
and the former law is continued in effect for that purpose. For |
|
|
purposes of this section, an offense was committed before the |
|
|
effective date of this Act if any element of the offense occurred |
|
|
before that date. |
|
|
SECTION 4. This Act takes effect September 1, 2019. |