Bill Text: TX HB3065 | 2023-2024 | 88th Legislature | Enrolled
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 2-0)
Status: (Passed) 2023-05-24 - Effective on 9/1/23 [HB3065 Detail]
Download: Texas-2023-HB3065-Enrolled.html
H.B. No. 3065 |
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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. | ||
______________________________ | ______________________________ | |
President of the Senate | Speaker of the House | |
I certify that H.B. No. 3065 was passed by the House on April | ||
28, 2023, by the following vote: Yeas 137, Nays 7, 2 present, not | ||
voting. | ||
______________________________ | ||
Chief Clerk of the House | ||
I certify that H.B. No. 3065 was passed by the Senate on May | ||
11, 2023, by the following vote: Yeas 30, Nays 0. | ||
______________________________ | ||
Secretary of the Senate | ||
APPROVED: _____________________ | ||
Date | ||
_____________________ | ||
Governor |