Texas 2011 - 82nd Regular

Texas House Bill HB1346 Compare Versions

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1	1	By: Guillen (Senate Sponsor - Zaffirini) H.B. No. 1346
2	2	(In the Senate - Received from the House April 18, 2011;
3	3	April 20, 2011, read first time and referred to Committee on
4	4	Agriculture and Rural Affairs; May 3, 2011, reported favorably by
5	5	the following vote: Yeas 3, Nays 0; May 3, 2011, sent to printer.)
6	6
7	7
8	8	A BILL TO BE ENTITLED
9	9	AN ACT
10	10	relating to the consistent use of the term "game warden" throughout
11	11	the Parks and Wildlife Code.
12	12	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
13	13	SECTION 1. Section 43.406, Parks and Wildlife Code, is
14	14	amended to read as follows:
15	15	Sec. 43.406. REFUSAL TO SHOW STAMP. A person fishing in
16	16	saltwater for sporting purposes who refuses on demand of any game
17	17	warden [management officer] or peace officer to show a saltwater
18	18	sportfishing stamp is presumed to be in violation of Section 43.402
19	19	[of this code].
20	20	SECTION 2. Sections 43.525(a) and (b), Parks and Wildlife
21	21	Code, are amended to read as follows:
22	22	(a) Except as provided by Subsection (b) [of this section],
23	23	a person commits an offense if the person is using land under the
24	24	department's control and fails or refuses to show a conservation
25	25	permit issued to the person on the demand of a game warden
26	26	[management officer], peace officer, or department employee.
27	27	(b) It is not an offense under Subsection (a) [of this
28	28	section] if a person who is using land under the department's
29	29	control fails to show a conservation permit on the demand of a game
30	30	warden [management officer], peace officer, or department
31	31	employee, and that person:
32	32	(1) entered land under the department's control as an
33	33	occupant of a privately owned, noncommercial vehicle in which at
34	34	least one other occupant possesses and is able to show a
35	35	conservation permit issued to that other occupant; or
36	36	(2) is a member of a group of individuals that the
37	37	department has exempted from the requirement for a conservation
38	38	permit.
39	39	SECTION 3. Section 43.807, Parks and Wildlife Code, is
40	40	amended to read as follows:
41	41	Sec. 43.807. REFUSAL TO SHOW STAMP. A person fishing in
42	42	fresh water for sporting purposes who refuses on demand of any game
43	43	warden [management officer] or peace officer to show a freshwater
44	44	fishing stamp or proof that the person is exempt under Section
45	45	43.802(b) or a rule adopted under that section is presumed to be in
46	46	violation of Section 43.802.
47	47	SECTION 4. Section 76.005(b), Parks and Wildlife Code, is
48	48	amended to read as follows:
49	49	(b) The failure of an owner of riparian rights described in
50	50	Section 76.004(a) [of this code] to have an affidavit when required
51	51	by the department or to show it to a game warden [management
52	52	officer] on request or to the person to whom the oysters are offered
53	53	for sale when required by the department is prima facie evidence
54	54	that the oysters were produced from public beds.
55	55	SECTION 5. Section 76.117, Parks and Wildlife Code, is
56	56	amended to read as follows:
57	57	Sec. 76.117. OBEDIENCE TO ORDERS. No person may fail or
58	58	refuse to obey a lawful order of a commissioned game warden
59	59	[management officer] of the department issued under the authority
60	60	of this chapter.
61	61	SECTION 6. Section 202.031(b), Parks and Wildlife Code, is
62	62	amended to read as follows:
63	63	(b) This section does not apply to peace officers, game
64	64	wardens [management officers], or representatives of the Parks and
65	65	Wildlife Commission in the discharge of their official duties, nor
66	66	does it prevent a person from hunting with a shotgun during an open
67	67	season or when it is lawful to hunt in or upon Caddo Lake in Harrison
68	68	County.
69	69	SECTION 7. Section 283.022(b), Parks and Wildlife Code, is
70	70	amended to read as follows:
71	71	(b) This section does not apply to a peace officer or game
72	72	warden [management officer] of this state or to a regular employee
73	73	of the Panola County Fresh Water Supply District Number 1.
74	74	SECTION 8. This Act takes effect immediately if it receives
75	75	a vote of two-thirds of all the members elected to each house, as
76	76	provided by Section 39, Article III, Texas Constitution. If this
77	77	Act does not receive the vote necessary for immediate effect, this
78	78	Act takes effect September 1, 2011.
79	79	* * * * *