H.B. No. 1805
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, "person with a
physical disability" means a person with a documented permanent
physical disability that renders the person incapable of using a
traditional firearm sighting device. A physician's or
optometrist's statement certifying the extent of the disability is
sufficient documentation.
(b) A hunter who is a person with a physical disability may
use a laser sighting device during lawful hunting hours in open
seasons when assisted by a person who:
(1) is not a person with a physical disability;
(2) has a hunting license; and
(3) is at least 13 years of age.
(c) The hunter who is a person with a physical disability
must carry proof of the disability.
(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 a physical disability 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.
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 1805 was passed by the House on April
9, 2009, by the following vote: Yeas 148, Nays 0, 1 present, not
voting.
______________________________
Chief Clerk of the House
I certify that H.B. No. 1805 was passed by the Senate on May
13, 2009, by the following vote: Yeas 31, Nays 0.
______________________________
Secretary of the Senate
APPROVED: _____________________
Date
_____________________
Governor