Bill Amendment: TX SB1236 | 2023-2024 | 88th Legislature

NOTE: For additional amemendments please see the Bill Drafting List

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Bill Title: Relating to the use of certain weapons in or on the bed or bank of a navigable river or stream; providing a penalty.

Status: 2023-06-18 - Effective on 9/1/23 [SB1236 Detail]

Download: Texas-2023-SB1236-Senate_Amendment_S_2_F1-Perry.html

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Amend CSSB 1236 (senate committee printing) by striking all below the enacting clause and substituting the following:

SECTION 1.  Section 284.001, Parks and Wildlife Code, is transferred to Subchapter B, Chapter 1, Parks and Wildlife Code, redesignated as Section 1.014, Parks and Wildlife Code, and amended to read as follows:

Sec. 1.014 [284.001].  USE OF CERTAIN WEAPONS IN OR ON BED OR BANK OF NAVIGABLE RIVER OR STREAM [DISCHARGE OF FIREARM] PROHIBITED. (a) In this section:

(1)  "Archery equipment" means a longbow, recurved bow, compound bow, or crossbow.

(2)  "Firearm" has the meaning assigned by Section 62.014.

(3)  "Navigable river or stream" has the meaning assigned by Section 90.001.

(b)  [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)]  Except as provided by Subsection (c) [(d)], a person may not discharge a firearm or shoot an arrow from any kind of bow if:

(1)  the person is located in or on the bed or bank of a navigable river or stream at the time the firearm is discharged or the arrow is shot from the bow; or

(2)  any portion of the ammunition discharged or arrow shot could physically contact the bed or bank of a navigable river or stream.

(c) [(d)]  This section does not apply to:

(1)  an individual acting in the scope of the individual's duties as a peace officer or department employee;

(2)  the discharge of a shotgun loaded with ammunition that releases only shot when discharged; or

(3)  an individual engaging in fishing using archery equipment, if the individual is in compliance with Subsection (e) [(f)].

(d) [(e)]  This section does not limit the ability of a license holder to carry a handgun under the authority of Subchapter H, Chapter 411, Government Code.

(e) [(f)]  An individual engaging in fishing using archery equipment may not possess while fishing:

(1)  an arrow equipped with fletching of any kind;

(2)  an unbarbed arrow; or

(3)  a bow that is not equipped with a reel and line.

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

(g)  If conduct that constitutes an offense under this section also constitutes an offense under Title 7, the actor may be prosecuted under this section or the other law, but not both.

SECTION 2.  The heading to Chapter 284, Parks and Wildlife Code, is repealed.

SECTION 3.  This Act takes effect September 1, 2023.