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