BILL ANALYSIS

 

 

Senate Research Center

C.S.S.B. 1236

88R20019 MP-D

By: Flores

 

Water, Agriculture, & Rural Affairs

 

3/27/2023

 

Committee Report (Substituted)

 

 

 

AUTHOR'S / SPONSOR'S STATEMENT OF INTENT

 

River beds and streams sometimes used for hunting are commonly used as a conduit for trespassing on to private property and hunting without landowner consent. Current law in certain counties prohibits the discharge of a firearm or archery equipment if an individual is in a bank or bed of a river or stream, or if the discharge from the firearm or archery equipment would end up in the bed or bank of a river or stream for select counties. This law does not prohibit fishing using archery equipment as long as a bow is equipped with a reel and line, and an arrow is not equipped with fletching.

 

As of the 86th Legislature, the select counties include Dimmitt, Edwards, Frio, Hall, Kenedy, Llano, Maverick, Real, Uvalde, and Zavala counties. This bill would include Lampasas County on this list.

 

The purpose of this bill is to deter trespassing on private property through the guise of hunting and preserve the rights of property owners in Childress, Cottle, Foard, Lampasas, and Motley Counties.

 

C.S.S.B. 1236 amends current law relating to the use of certain weapons in or on the bed or bank of a navigable river or stream in certain counties.

 

RULEMAKING AUTHORITY

 

This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency.

 

SECTION BY SECTION ANALYSIS

 

SECTION 1. Amends the heading to Chapter 284, Parks and Wildlife Code, to read as follows:

 

CHAPTER 284. CHILDRESS, COTTLE, DIMMIT, EDWARDS, FOARD, FRIO, HALL, KENEDY, LAMPASAS, LLANO, MAVERICK, MOTLEY, REAL, UVALDE, AND ZAVALA COUNTIES

 

SECTION 2. Amends the heading to Section 284.001, Parks and Wildlife Code, to read as follows:

 

Sec. 284.001. USE OF CERTAIN WEAPONS IN OR ON BED OR BANK OF NAVIGABLE RIVER OR STREAM PROHIBITED.

 

SECTION 3. Amends Section 284.001(b), Parks and Wildlife Code, to provide that this section applies only to a navigable river or stream located wholly or partly in certain counties, including Childress, Cottle, Foard, Lampasas, or Motley County.

 

SECTION 4. Effective date: September 1, 2023.