Bill Text: TX SB1468 | 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) 2023-04-24 - Left pending in committee [SB1468 Detail]
Download: Texas-2023-SB1468-Introduced.html
| By: Springer | S.B. No. 1468 | |
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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) 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. | ||
