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A BILL TO BE ENTITLED
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AN ACT
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relating to exemptions granted by the Parks and Wildlife Commission |
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to persons with disabilities; creating a criminal offense. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter A, Chapter 11, Parks and Wildlife |
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Code, is amended by adding Section 11.006 to read as follows: |
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Sec. 11.006. EXEMPTIONS FOR PERSONS WITH DISABILITIES. (a) |
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This section applies only to: |
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(1) an activity regulated by the department that |
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includes the authorized taking of fish, wildlife, or other |
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resources; and |
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(2) a requirement or prohibition imposed by this code |
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or commission rule that relates to: |
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(A) the manner of the taking of fish, wildlife, |
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or other resources authorized under an activity described by |
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Subdivision (1); or |
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(B) the equipment used to take the fish, |
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wildlife, or other resources or to otherwise participate in the |
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activity. |
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(b) The commission by rule may grant a person with a |
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disability an exemption from a requirement or prohibition described |
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by Subsection (a)(2) if the requirement or prohibition restricts or |
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prevents the person from substantially participating in an activity |
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described by Subsection (a)(1). |
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(c) The commission by rule shall establish procedures and |
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criteria for granting an exemption under Subsection (b). Rules |
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adopted under this subsection must provide that an application for |
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an exemption under Subsection (b) must be: |
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(1) on a form prescribed by the commission; and |
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(2) accompanied by a notarized written statement or |
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written prescription of a physician licensed to practice medicine |
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in this state certifying that the person making the application has |
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a disability that restricts or prevents the person's ability to |
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substantially participate in an activity described by Subsection |
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(a)(1) while complying with a requirement or prohibition described |
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by Subsection (a)(2). |
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(d) An exemption granted under this section: |
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(1) may not change the fundamental nature of the |
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activity for which the person seeks the exemption; |
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(2) is valid for one year; and |
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(3) may be renewed in the manner prescribed by |
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commission rule. |
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(e) The department shall issue to a person granted an |
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exemption under this section a document demonstrating proof of the |
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exemption. |
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(f) A person granted an exemption under this section must |
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have the document issued by the department under Subsection (e) in |
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the person's immediate possession at all times while participating |
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in the activity for which the exemption is granted. |
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(g) A person who violates Subsection (f) commits an offense |
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that is a Class C Parks and Wildlife Code misdemeanor. It is a |
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defense to prosecution under this subsection that the person |
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charged produces in court the document issued by the department |
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under Subsection (e) that was valid on the date of the alleged |
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offense. |
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(h) Not later than December 1 of each even-numbered year, |
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the department shall prepare and submit to the standing committee |
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of each house of the legislature with primary jurisdiction over the |
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department a report of the exemption requests received by the |
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department in the reporting period, including an anonymized |
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description of each request and whether an exemption had been |
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granted or denied for the request. |
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SECTION 2. As soon as practicable after the effective date |
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of this Act, the Parks and Wildlife Commission shall adopt rules as |
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necessary to implement and administer Section 11.006, Parks and |
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Wildlife Code, as added by this Act. |
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SECTION 3. This Act takes effect September 1, 2023. |