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A BILL TO BE ENTITLED
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AN ACT
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relating to the removal and disposal of abandoned fishing devices |
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and the seizure and disposition of unlawful fishing devices. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter B, Chapter 12, Parks and Wildlife |
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Code, is amended by adding Section 12.1104 to read as follows: |
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Sec. 12.1104. REMOVAL AND DISPOSAL OF ABANDONED FISHING |
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DEVICE. (a) In this section, "abandoned fishing device" means an |
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unattended fishing device located in the public water of this state |
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that is placed in violation of a provision of this code or |
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commission rule. |
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(b) An abandoned fishing device is litter for purposes of |
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Section 365.011, Health and Safety Code, and is subject to |
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immediate removal and disposal. Except as provided by Subsection |
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(e), an abandoned fishing device must be disposed of in compliance |
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with the Health and Safety Code. |
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(c) The commission may adopt rules to govern the removal and |
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disposal of abandoned fishing devices as necessary to enhance: |
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(1) enforcement of this section; |
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(2) the cleanliness of the beds and bottoms of the |
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public water of this state; |
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(3) boating safety; and |
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(4) the conservation and management of aquatic |
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resources. |
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(d) A game warden or other peace officer is immune from |
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liability and from suit for the removal or disposal of an abandoned |
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fishing device under this section. |
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(e) On request of an authorized representative of a unit of |
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The University of Texas System, The Texas A&M University System, or |
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the Texas State University System engaged in teaching and research |
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related to marine science and oceanography, the department may |
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transfer an abandoned fishing device removed under this section to |
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the unit for use in the unit's teaching or research programs. |
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SECTION 2. Section 12.1105(d), Parks and Wildlife Code, is |
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amended to read as follows: |
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(d) A game warden or other peace officer who seizes items |
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under this section is immune from liability and from suit for a |
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seizure or destruction of a seine, net, trawl, trap, or other device |
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as authorized by Subsection (b) [this section]. |
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SECTION 3. Section 66.102, Parks and Wildlife Code, is |
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amended to read as follows: |
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Sec. 66.102. PLACING PROHIBITED DEVICES IN PUBLIC WATER. A |
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device designed to catch fish or other aquatic wildlife resources |
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that is placed in the public fresh water of this state in violation |
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of a law or commission proclamation is a nuisance, and a game warden |
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or other peace officer shall confiscate and dispose of the device as |
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provided by Section 12.1104 or 12.1105, as applicable [of this |
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code]. A game warden or other peace officer is immune from |
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liability for the destruction of devices found in violation of this |
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section. |
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SECTION 4. Section 12.1105(c), Parks and Wildlife Code, is |
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repealed. |
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SECTION 5. This Act takes effect September 1, 2021. |