H.B. No. 1788
AN ACT
relating to capturing reptiles and amphibians by nonlethal means;
providing a penalty.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 43, Parks and Wildlife Code, is amended
by adding Subchapter W to read as follows:
SUBCHAPTER W. REPTILE AND AMPHIBIAN STAMP
Sec. 43.901. REPTILE AND AMPHIBIAN STAMP REQUIRED. (a)
Except as provided by Section 43.905, a person may capture by
nonlethal means an indigenous reptile or amphibian on the shoulder
of a road, as defined by Section 541.302, Transportation Code, or
the unpaved area of a public right-of-way only if the person
possesses a reptile and amphibian stamp issued to the person by the
department.
(b) The commission by rule shall prescribe the form, design,
and manner of issuance of a stamp under this subchapter.
(c) The stamp is not valid unless the person to whom the
stamp is issued has signed the stamp on its face.
(d) The commission by rule may prescribe alternate
requirements for identifying the purchaser of a stamp issued in an
automated manner.
(e) A stamp issued under this subchapter is valid only
during the yearly period for which the stamp is issued without
regard to the date on which the stamp is acquired. Each yearly
period begins on September 1 or another date set by the commission
and extends through August 31 of the next year or another date set
by the commission.
Sec. 43.902. FEE. The fee for a reptile and amphibian stamp
is $10. The department may issue other editions of the stamp that
are not valid for capturing by nonlethal means a species covered by
this subchapter for a fee set by the commission.
Sec. 43.903. HUNTING LICENSE REQUIRED. The possession of a
reptile and amphibian stamp does not authorize a person to capture
by nonlethal means an indigenous reptile or amphibian:
(1) without possessing a hunting license required by
Section 42.002 or 42.005; or
(2) at a time or by means not otherwise authorized by
this code.
Sec. 43.904. STAMP SALE RECEIPTS. The net revenue derived
from the sale of reptile and amphibian stamps shall be credited to
the game, fish, and water safety account.
Sec. 43.905. EXEMPTIONS. A person is not required to have a
hunting license or reptile and amphibian stamp to capture by
nonlethal means and subsequently release in another location an
indigenous reptile or amphibian if the person is:
(1) performing activities related to the operation and
maintenance of pipelines and related facilities or to oil or gas
exploration or production;
(2) an employee of the state, a utility, as defined by
Section 203.091, Transportation Code, or a power generation
company, as defined by Section 31.002, Utilities Code, and is
acting in the course and scope of the person's employment with the
state, the utility, or the power generation company; or
(3) performing activities related to surface coal
mining and reclamation operations as defined by Section 134.004,
Natural Resources Code.
Sec. 43.906. PENALTY. (a) A person who violates Section
43.901 commits an offense that is a Class C Parks and Wildlife Code
misdemeanor.
(b) A person, other than a person described by Section
43.905, in an area described by Section 43.901 who is engaged in
capturing by nonlethal means a species covered by this subchapter
and fails or refuses on the demand of any game warden or other peace
officer to show a reptile and amphibian stamp is presumed to be in
violation of Section 43.901.
SECTION 2. Section 62.0031, Parks and Wildlife Code, is
amended by amending Subsection (a) and adding Subsections (c), (d),
and (e) to read as follows:
(a) Except as provided by Subsections [Subsection] (b) and
(c), a person may not hunt a wild animal or bird when the person is
on a public road or right-of-way.
(c) A person may capture by nonlethal means reptiles and
amphibians on the shoulder of a road, as defined by Section 541.302,
Transportation Code, or the unpaved area of a public right-of-way
if the person:
(1) possesses a reptile and amphibian stamp issued to
the person by the department and does not use a trap; or
(2) is described by Section 43.905.
(d) A person must wear reflective clothing when engaging in
the capture by nonlethal means of a reptile or amphibian under a
stamp issued by the department. The clothing must have at least 144
square inches of reflective material on both the front and back of
the clothing.
(e) A person may not use an artificial light from a motor
vehicle in locating, capturing, or attempting to capture a reptile
or amphibian under Subsection (c).
SECTION 3. (a) Not later than March 1, 2012, the Parks and
Wildlife Commission shall adopt:
(1) rules to implement the changes in law made by this
Act; and
(2) the form, design, and manner of issuance of, and
the fee for, a reptile and amphibian stamp under Subchapter W,
Chapter 43, Parks and Wildlife Code, as added by this Act.
(b) Notwithstanding Sections 43.901(e) and 43.902, Parks
and Wildlife Code, as added by this Act, the initial reptile and
amphibian stamps issued under Subchapter W, Chapter 43, Parks and
Wildlife Code:
(1) are valid for the period beginning the date the
stamps first become available and ending on the expiration of the
first yearly period set by the Parks and Wildlife Commission under
Section 43.901(e); and
(2) shall be issued for a fee equal to the yearly fee,
plus a prorated amount for the period beginning the date the stamps
first become available and ending on the day preceding the date the
first yearly period begins.
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, 2011.
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 1788 was passed by the House on May 6,
2011, by the following vote: Yeas 108, Nays 31, 2 present, not
voting; and that the House concurred in Senate amendments to H.B.
No. 1788 on May 26, 2011, by the following vote: Yeas 96, Nays 47,
1 present, not voting.
______________________________
Chief Clerk of the House
I certify that H.B. No. 1788 was passed by the Senate, with
amendments, on May 24, 2011, by the following vote: Yeas 23, Nays
8.
______________________________
Secretary of the Senate
APPROVED: __________________
Date
__________________
Governor