BILL ANALYSIS

H.B. 2238

By: Krause

Culture, Recreation & Tourism

Committee Report (Unamended)

BACKGROUND AND PURPOSE

Game wardens have raised concerns about poaching laws regarding the marking of property lines during periods of high water. It has been suggested that laws regarding property markings during these periods in some parts of Texas can make it difficult for game wardens to enforce poaching laws. When water rises above a fence, game wardens are currently able to identify private land by signs marked "Private Property. No Hunting." However, these signs are not widely used due to their cost, leaving it nearly impossible to distinguish the property line in these situations. H.B. 2238 seeks to address this issue by providing for alternative property markings for purposes of hunting on submerged private land.

CRIMINAL JUSTICE IMPACT

It is the committee's opinion that this bill does not expressly create a criminal offense, increase the punishment for an existing criminal offense or category of offenses, or change the eligibility of a person for community supervision, parole, or mandatory supervision.

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.

ANALYSIS

H.B. 2238 amends the Parks and Wildlife Code to provide for certain submerged, privately owned land on or over which a person is prohibited from hunting or taking any wild animal or wild bird to be conspicuously marked as privately owned by a vertical purple line, at least eight inches in length and one inch in width, painted on trees or posts on the property so as to be readily visible to a person accessing the property when the property is submerged by water as an alternative to being conspicuously marked as privately owned by an applicable sign or signs.

EFFECTIVE DATE

September 1, 2021.