| 1 | 1 | | H.B. No. 1805 |
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| 2 | 2 | | |
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| 3 | 3 | | |
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| 4 | 4 | | AN ACT |
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| 5 | 5 | | relating to the use of laser sighting devices by hunters who have |
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| 6 | 6 | | certain documented disabilities. |
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| 7 | 7 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 8 | 8 | | SECTION 1. Section 62.005, Parks and Wildlife Code, is |
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| 9 | 9 | | amended to read as follows: |
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| 10 | 10 | | Sec. 62.005. HUNTING WITH LIGHT. Except as provided by |
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| 11 | 11 | | Section 62.0055 or 62.0056, no person may hunt a game animal or bird |
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| 12 | 12 | | protected by this code with the aid of an artificial light that |
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| 13 | 13 | | casts or reflects a beam of light onto or otherwise illuminates the |
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| 14 | 14 | | game animal or bird, including the headlights of a motor vehicle. |
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| 15 | 15 | | SECTION 2. Subchapter A, Chapter 62, Parks and Wildlife |
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| 16 | 16 | | Code, is amended by adding Section 62.0056 to read as follows: |
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| 17 | 17 | | Sec. 62.0056. HUNTING WITH LASER SIGHTING DEVICE BY HUNTERS |
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| 18 | 18 | | WITH CERTAIN DISABILITIES. (a) In this section, "person with a |
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| 19 | 19 | | physical disability" means a person with a documented permanent |
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| 20 | 20 | | physical disability that renders the person incapable of using a |
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| 21 | 21 | | traditional firearm sighting device. A physician's or |
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| 22 | 22 | | optometrist's statement certifying the extent of the disability is |
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| 23 | 23 | | sufficient documentation. |
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| 24 | 24 | | (b) A hunter who is a person with a physical disability may |
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| 25 | 25 | | use a laser sighting device during lawful hunting hours in open |
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| 26 | 26 | | seasons when assisted by a person who: |
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| 27 | 27 | | (1) is not a person with a physical disability; |
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| 28 | 28 | | (2) has a hunting license; and |
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| 29 | 29 | | (3) is at least 13 years of age. |
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| 30 | 30 | | (c) The hunter who is a person with a physical disability |
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| 31 | 31 | | must carry proof of the disability. |
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| 32 | 32 | | (d) Section 62.014 applies to a hunter under this section. |
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| 33 | 33 | | SECTION 3. (a) Not later than September 1, 2009, the Parks |
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| 34 | 34 | | and Wildlife Commission shall adopt rules that prescribe what is |
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| 35 | 35 | | acceptable as proof of a physical disability under Section 62.0056, |
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| 36 | 36 | | Parks and Wildlife Code, as added by this Act. |
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| 37 | 37 | | (b) The Parks and Wildlife Department may not enforce |
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| 38 | 38 | | Section 62.0056(c), Parks and Wildlife Code, as added by this Act, |
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| 39 | 39 | | until the rules adopted under Subsection (a) of this section take |
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| 40 | 40 | | effect. |
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| 41 | 41 | | SECTION 4. This Act takes effect immediately if it receives |
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| 42 | 42 | | a vote of two-thirds of all the members elected to each house, as |
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| 43 | 43 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 44 | 44 | | Act does not receive the vote necessary for immediate effect, this |
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| 45 | 45 | | Act takes effect September 1, 2009. |
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| 46 | 46 | | ______________________________ ______________________________ |
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| 47 | 47 | | President of the Senate Speaker of the House |
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| 48 | 48 | | I certify that H.B. No. 1805 was passed by the House on April |
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| 49 | 49 | | 9, 2009, by the following vote: Yeas 148, Nays 0, 1 present, not |
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| 50 | 50 | | voting. |
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| 51 | 51 | | ______________________________ |
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| 52 | 52 | | Chief Clerk of the House |
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| 53 | 53 | | I certify that H.B. No. 1805 was passed by the Senate on May |
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| 54 | 54 | | 13, 2009, by the following vote: Yeas 31, Nays 0. |
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| 55 | 55 | | ______________________________ |
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| 56 | 56 | | Secretary of the Senate |
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| 57 | 57 | | APPROVED: _____________________ |
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| 58 | 58 | | Date |
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| 59 | 59 | | _____________________ |
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| 60 | 60 | | Governor |
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