Bill Text: TX HB2699 | 2023-2024 | 88th Legislature | Introduced


Bill Title: 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.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2023-03-13 - Referred to Culture, Recreation & Tourism [HB2699 Detail]

Download: Texas-2023-HB2699-Introduced.html
  88R10260 MP-D
 
  By: Guillen H.B. No. 2699
 
 
 
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 on a public road or
  right-of-way to humanely dispatch injured wildlife.
         (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 has written authorization from the department that
  specifies:
               (1)  the type of wildlife that may be taken;
               (2)  the number of wildlife that may be taken; and
               (3)  the period during which the wildlife may be taken.
         (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)  It is an exception to the application of Subsection
  (a)(9) that, at the time the person engaged in conduct prohibited
  under that subdivision, the person 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.
feedback