|
|
|
|
AN ACT
|
|
relating to the use of certain weapons in or on the bed or bank of a |
|
navigable river or stream; providing a penalty. |
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
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); |
|
(4) the discharge of a firearm during the legal taking |
|
of an alligator; or |
|
(5) the discharge of a firearm from the bank of a |
|
navigable river or stream to take a venomous snake or nonindigenous |
|
rodent by: |
|
(A) an owner of the land adjacent to or through |
|
which the navigable river or stream runs; or |
|
(B) an agent of an owner described by Paragraph |
|
(A) [(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. |
|
|
|
|
|
|
|
|
______________________________ |
______________________________ |
|
President of the Senate |
Speaker of the House |
|
|
I hereby certify that S.B. No. 1236 passed the Senate on |
|
April 3, 2023, by the following vote: Yeas 29, Nays 1; and that |
|
the Senate concurred in House amendments on May 25, 2023, by the |
|
following vote: Yeas 30, Nays 1. |
|
|
|
|
______________________________ |
|
Secretary of the Senate |
|
|
I hereby certify that S.B. No. 1236 passed the House, with |
|
amendments, on May 19, 2023, by the following vote: Yeas 131, |
|
Nays 12, two present not voting. |
|
|
|
|
______________________________ |
|
Chief Clerk of the House |
|
|
|
|
|
Approved: |
|
|
|
______________________________ |
|
Date |
|
|
|
|
|
______________________________ |
|
Governor |