By: Guillen (Senate Sponsor - Zaffirini) H.B. No. 1346
(In the Senate - Received from the House April 18, 2011;
April 20, 2011, read first time and referred to Committee on
Agriculture and Rural Affairs; May 3, 2011, reported favorably by
the following vote: Yeas 3, Nays 0; May 3, 2011, sent to printer.)
A BILL TO BE ENTITLED
AN ACT
relating to the consistent use of the term "game warden" throughout
the Parks and Wildlife Code.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 43.406, Parks and Wildlife Code, is
amended to read as follows:
Sec. 43.406. REFUSAL TO SHOW STAMP. A person fishing in
saltwater for sporting purposes who refuses on demand of any game
warden [management officer] or peace officer to show a saltwater
sportfishing stamp is presumed to be in violation of Section 43.402
[of this code].
SECTION 2. Sections 43.525(a) and (b), Parks and Wildlife
Code, are amended to read as follows:
(a) Except as provided by Subsection (b) [of this section],
a person commits an offense if the person is using land under the
department's control and fails or refuses to show a conservation
permit issued to the person on the demand of a game warden
[management officer], peace officer, or department employee.
(b) It is not an offense under Subsection (a) [of this
section] if a person who is using land under the department's
control fails to show a conservation permit on the demand of a game
warden [management officer], peace officer, or department
employee, and that person:
(1) entered land under the department's control as an
occupant of a privately owned, noncommercial vehicle in which at
least one other occupant possesses and is able to show a
conservation permit issued to that other occupant; or
(2) is a member of a group of individuals that the
department has exempted from the requirement for a conservation
permit.
SECTION 3. Section 43.807, Parks and Wildlife Code, is
amended to read as follows:
Sec. 43.807. REFUSAL TO SHOW STAMP. A person fishing in
fresh water for sporting purposes who refuses on demand of any game
warden [management officer] or peace officer to show a freshwater
fishing stamp or proof that the person is exempt under Section
43.802(b) or a rule adopted under that section is presumed to be in
violation of Section 43.802.
SECTION 4. Section 76.005(b), Parks and Wildlife Code, is
amended to read as follows:
(b) The failure of an owner of riparian rights described in
Section 76.004(a) [of this code] to have an affidavit when required
by the department or to show it to a game warden [management
officer] on request or to the person to whom the oysters are offered
for sale when required by the department is prima facie evidence
that the oysters were produced from public beds.
SECTION 5. Section 76.117, Parks and Wildlife Code, is
amended to read as follows:
Sec. 76.117. OBEDIENCE TO ORDERS. No person may fail or
refuse to obey a lawful order of a commissioned game warden
[management officer] of the department issued under the authority
of this chapter.
SECTION 6. Section 202.031(b), Parks and Wildlife Code, is
amended to read as follows:
(b) This section does not apply to peace officers, game
wardens [management officers], or representatives of the Parks and
Wildlife Commission in the discharge of their official duties, nor
does it prevent a person from hunting with a shotgun during an open
season or when it is lawful to hunt in or upon Caddo Lake in Harrison
County.
SECTION 7. Section 283.022(b), Parks and Wildlife Code, is
amended to read as follows:
(b) This section does not apply to a peace officer or game
warden [management officer] of this state or to a regular employee
of the Panola County Fresh Water Supply District Number 1.
SECTION 8. 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, 2011.
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