| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
| |
|
|
relating to the taking of wildlife by an employee of the Parks and |
|
|
Wildlife Department or by a person or agent of the person on the |
|
|
person's property. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Section 12.013, Parks and Wildlife Code, is |
|
|
amended by amending Subsection (a) and adding Subsections (c), (d), |
|
|
(e), and (f) to read as follows: |
|
|
(a) An employee of the department acting within the scope of |
|
|
the employee's authority may possess, take, transport, release, and |
|
|
manage any of the wildlife and fish in this state for public safety, |
|
|
investigation, propagation, distribution, education, disease |
|
|
diagnosis or prevention, or scientific purposes. |
|
|
(c) An employee of the department acting within the scope of |
|
|
the employee's authority may discharge a firearm to take wildlife |
|
|
on a public road or right-of-way if the wildlife is: |
|
|
(1) mortally injured; or |
|
|
(2) behaving in a manner consistent with the wildlife |
|
|
being diseased. |
|
|
(d) Except as provided by Subsection (e), a person or agent |
|
|
of the person may take wildlife on the person's property if the |
|
|
person: |
|
|
(1) has written authorization from the department; and |
|
|
(2) is participating under the supervision of a |
|
|
department employee in a program or event designated by the |
|
|
director as being conducted for the diagnosis, management, or |
|
|
prevention of a disease in wildlife. |
|
|
(e) Subsection (d) does not apply to a person or agent who is |
|
|
a department employee. |
|
|
(f) The commission may adopt rules to implement this |
|
|
section. |
|
|
SECTION 2. Section 62.0031(b), Parks and Wildlife Code, is |
|
|
amended to read as follows: |
|
|
(b) This section does not apply to: |
|
|
(1) the trapping of a raptor for educational or |
|
|
sporting purposes as provided by Chapter 49; or |
|
|
(2) an employee of the department taking wildlife as |
|
|
provided by Section 12.013(c). |
|
|
SECTION 3. Section 42.01, Penal Code, is amended by adding |
|
|
Subsection (e-1) to read as follows: |
|
|
(e-1) Subsection (a)(9) does not apply to a person who, at |
|
|
the time the person engaged in conduct prohibited under that |
|
|
subdivision, was an employee of the Parks and Wildlife Department |
|
|
acting within the scope of the employee's authority under Section |
|
|
12.013(c), Parks and Wildlife Code. |
|
|
SECTION 4. The change in law made by this Act applies only |
|
|
to an offense committed on or after the effective date of this Act. |
|
|
An offense committed before the effective date of this Act is |
|
|
governed by the law in effect on the date the offense was committed, |
|
|
and the former law is continued in effect for that purpose. For |
|
|
purposes of this section, an offense was committed before the |
|
|
effective date of this Act if any element of the offense occurred |
|
|
before that date. |
|
|
SECTION 5. This Act takes effect September 1, 2023. |
|
|
|
|
|
* * * * * |