BILL ANALYSIS

Senate Research Center	C.S.S.B. 1764
88R17161 MP-F	By: Perry
	Water, Agriculture, & Rural Affairs
	3/27/2023
	Committee Report (Substituted)

AUTHOR'S / SPONSOR'S STATEMENT OF INTENT

Most rivers and streams are public land and the public is permitted to walk and hunt in these waters. However, many rivers and streams are completely surrounded by private property, so when people hunt in these public rivers, they inevitably trespass on private property if they exit the riverbed. Many landowners have become frustrated with hunters constantly trespassing on their property, so the Parks and Wildlife Code contains a list of counties where it is illegal to hunt in public rivers and streams. S.B. 1764 repeals the current list of counties where it is illegal to hunt in rivers, and replaces it with a statewide ban against hunting in rivers and streams.

(Original Author's/Sponsor's Statement of Intent)

C.S.S.B. 1764 amends current law relating to the use of certain weapons in or on the bed or bank of a navigable river or stream.

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. Transfers Section 284.001, Parks and Wildlife Code, to Subchapter B, Chapter 1, Parks and Wildlife Code, redesignates it as Section 1.014, Parks and Wildlife Code, and amends it, as follows:

Sec. 1.014. New heading: USE OF CERTAIN WEAPONS IN OR ON BED OR BANK OF NAVIGABLE RIVER OR STREAM PROHIBITED. (a) Creates this subsection from existing text.

(b) Deletes existing text providing that this section applies only to a navigable river or stream located wholly or partly in Dimmit, Edwards, Frio, Hall, Kenedy, Llano, Maverick, Real, Uvalde, or Zavala County.

(c)-(e) Redesignates existing Subsections (c)-(f) as Subsections (b)-(e) and makes nonsubstantive and conforming changes.

(f) Provides that a person who violates this section commits an offense that is a Class C Parks and Wildlife Code misdemeanor.

(g) Provides that if conduct that constitutes an offense under this section also constitutes an offense under Title 7 (Local and Special Laws), the actor is authorized to be prosecuted under this section or the other law, but not both.

SECTION 2. Repealer: The heading to Chapter 284 (Dimmit, Edwards, Frio, Kenedy, Llano, Maverick, Real, Uvalde, and Zavala Counties), Parks and Wildlife Code.

SECTION 3. Effective date: September 1, 2023.