Bill Text: TX HB3559 | 2019-2020 | 86th Legislature | Introduced
Bill Title: Relating to prohibiting the use of certain substances to take nongame wildlife; creating a criminal offense.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2019-03-18 - Referred to Culture, Recreation & Tourism [HB3559 Detail]
Download: Texas-2019-HB3559-Introduced.html
| 86R11397 AAF-F | ||
| By: Farrar | H.B. No. 3559 | |
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| relating to prohibiting the use of certain substances to take | ||
| nongame wildlife; creating a criminal offense. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Chapter 67, Parks and Wildlife Code, is amended | ||
| by adding Section 67.0042 to read as follows: | ||
| Sec. 67.0042. PROHIBITION AGAINST USE OF CERTAIN | ||
| SUBSTANCES. (a) In this section, "stupefying, noxious, or toxic | ||
| chemical or substance" includes: | ||
| (1) a substance classified by the United States | ||
| Environmental Protection Agency as total petroleum hydrocarbons, | ||
| such as gasoline, kerosene, mineral oil, benzene, toluene, xylene, | ||
| or naphthalene; | ||
| (2) a non-hydrocarbon volatile organic compound, such | ||
| as acetone, alcohol, ether, formaldehyde, carbon tetrachloride, or | ||
| a chlorofluorocarbon; | ||
| (3) a caustic substance or blistering agent, such as | ||
| an acid, alkali, phenol, chloride, or ammonia; and | ||
| (4) a pesticide, herbicide, fungicide, or detergent. | ||
| (b) Except as provided by Subsection (c), no person may: | ||
| (1) use a stupefying, noxious, or toxic chemical or | ||
| substance to take, flush out, or dislodge nongame wildlife; or | ||
| (2) knowingly possess any nongame wildlife that has | ||
| been taken by use of a stupefying, noxious, or toxic chemical or | ||
| substance. | ||
| (c) Subsection (b) does not apply to the use of registered | ||
| pesticides in accordance with labeling instructions by persons | ||
| licensed under Chapter 1951, Occupations Code, or Chapter 76, | ||
| Agriculture Code. | ||
| SECTION 2. Section 67.005, Parks and Wildlife Code, is | ||
| amended to read as follows: | ||
| Sec. 67.005. PENALTY. (a) A person who violates Section | ||
| 67.0042 or a regulation of the commission issued under this chapter | ||
| commits an offense that is a Class C Parks and Wildlife Code | ||
| misdemeanor. | ||
| (b) A person who violates Section 67.0042 or a regulation of | ||
| the commission issued under this chapter and who has been convicted | ||
| on one previous occasion of a violation of Section 67.0042 or of a | ||
| commission regulation under this chapter commits an offense that is | ||
| a Class B Parks and Wildlife Code misdemeanor. | ||
| (c) A person who violates Section 67.0042 or a regulation of | ||
| the commission issued under this chapter and who has been convicted | ||
| on two or more previous occasions of a violation of Section 67.0042 | ||
| or of commission regulations under this chapter commits an offense | ||
| that is a Class A Parks and Wildlife Code misdemeanor. | ||
| SECTION 3. 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 4. This Act takes effect September 1, 2019. | ||
