81R9230 SGA-F
By: Kuempel H.B. No. 1805
A BILL TO BE ENTITLED
AN ACT
relating to the use of laser sighting devices by hunters who have
certain documented disabilities.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 62.005, Parks and Wildlife Code, is
amended to read as follows:
Sec. 62.005. HUNTING WITH LIGHT. Except as provided by
Section 62.0055 or 62.0056, no person may hunt a game animal or bird
protected by this code with the aid of an artificial light that
casts or reflects a beam of light onto or otherwise illuminates the
game animal or bird, including the headlights of a motor vehicle.
SECTION 2. Subchapter A, Chapter 62, Parks and Wildlife
Code, is amended by adding Section 62.0056 to read as follows:
Sec. 62.0056. HUNTING WITH LASER SIGHTING DEVICE BY HUNTERS
WITH CERTAIN DISABILITIES. (a) In this section, "physically
disabled person" means a person with a documented physical
disability that renders the person incapable of using a traditional
firearm sighting device. A physician's statement certifying the
extent of the disability is sufficient documentation.
(b) A hunter who is a physically disabled person may use a
laser sighting device during regular hunting hours when assisted by
a person who:
(1) is not physically disabled;
(2) has a hunting license; and
(3) is at least 13 years of age.
(c) The hunter who is a physically disabled person must
carry proof of being physically disabled.
(d) Section 62.014 applies to a hunter under this section.
SECTION 3. (a) Not later than September 1, 2009, the Parks
and Wildlife Commission shall adopt rules that prescribe what is
acceptable as proof of being a physically disabled person under
Section 62.0056, Parks and Wildlife Code, as added by this Act.
(b) The Parks and Wildlife Department may not enforce
Section 62.0056(c), Parks and Wildlife Code, as added by this Act,
until the rules adopted under Subsection (a) of this section take
effect.
SECTION 4. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2009.