Bill Text: TX HB1643 | 2023-2024 | 88th Legislature | Introduced

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Bill Title: Relating to exemptions granted by the Parks and Wildlife Commission to persons with disabilities; creating a criminal offense.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2023-03-07 - Referred to Culture, Recreation & Tourism [HB1643 Detail]

Download: Texas-2023-HB1643-Introduced.html

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88R4674 BEE-D
By: Vasut H.B. No. 1643

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