Texas 2017 - 85th Regular

Texas House Bill HB1891 Compare Versions

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1-85R9300 AAF-D
2- By: Nevárez H.B. No. 1891
1+H.B. No. 1891
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5- A BILL TO BE ENTITLED
64 AN ACT
75 relating to a documented member of the Kickapoo Traditional Tribe
86 of Texas hunting certain deer.
97 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
108 SECTION 1. Section 42.001(1), Parks and Wildlife Code, is
119 amended to read as follows:
1210 (1) "Resident" means:
1311 (A) an individual who has resided continuously in
1412 this state for more than six months immediately before applying for
1513 a hunting license;
1614 (B) a member of the United States armed forces on
1715 active duty;
1816 (C) a dependent of a member of the United States
1917 armed forces on active duty;
2018 (D) if approved by the director, a terminally ill
2119 individual who is participating in an event sponsored by a
2220 charitable nonprofit organization; [or]
2321 (E) a member of the Kickapoo Traditional Tribe of
2422 Texas who possesses documentation of membership sanctioned by the
2523 Bureau of Indian Affairs; or
2624 (F) a member of any other category of individuals
2725 that the commission by regulation designates as residents.
2826 SECTION 2. Section 61.021, Parks and Wildlife Code, is
2927 amended to read as follows:
3028 Sec. 61.021. TAKING WILDLIFE RESOURCES PROHIBITED. (a)
3129 Except as provided by Subsection (b) or permitted under a
3230 proclamation issued by the commission under this chapter, no person
3331 may hunt, catch, or possess a game bird or game animal, fish, marine
3432 animal, or other aquatic life at any time or in any place covered by
3533 this chapter.
3634 (b) A documented member of the Kickapoo Traditional Tribe of
3735 Texas who holds a license under Section 42.002 may hunt antlerless
3836 white-tailed deer for religious ceremonial purposes on any day of
3937 the year between one-half hour before sunrise and one-half hour
4038 after sunset. A documented member of the Kickapoo Traditional
4139 Tribe of Texas hunting antlerless white-tailed deer under this
42- subsection shall:
43- (1) comply with all other provisions of this code and
44- proclamations adopted under this code; and
45- (2) notify a local game warden, deputy game warden, or
46- special game warden at least 24 hours before hunting antlerless
47- white-tailed deer at a time of the year when a person who holds a
48- license under Section 42.002 but who is not a documented member of
49- the Kickapoo Traditional Tribe of Texas may not hunt antlerless
50- white-tailed deer.
40+ subsection:
41+ (1) shall comply with all other provisions of this
42+ code and proclamations adopted under this code;
43+ (2) shall notify:
44+ (A) a local game warden at least 24 hours before
45+ hunting antlerless white-tailed deer at a time of the year when a
46+ person who holds a license under Section 42.002 but who is not a
47+ documented member of the Kickapoo Traditional Tribe of Texas may
48+ not hunt antlerless white-tailed deer; and
49+ (B) the department not later than September 1 of
50+ each year of the member's intent to hunt antlerless white-tailed
51+ deer for the following calendar year;
52+ (3) may not hunt antlerless white-tailed deer outside
53+ an open hunting season in a chronic wasting disease containment or
54+ surveillance zone, as determined by the department; and
55+ (4) may not receive a pecuniary gain from an action
56+ taken under this subsection.
57+ (c) Subsection (b) applies only to hunting on land that is:
58+ (1) owned or leased by the Kickapoo Traditional Tribe
59+ of Texas; and
60+ (2) located in a county that:
61+ (A) borders the United Mexican States and has a
62+ population of more than 50,000 but less than 70,000; or
63+ (B) is adjacent to a county described by
64+ Paragraph (A) and has a population of less than 9,000.
5165 SECTION 3. Section 61.057(a), Parks and Wildlife Code, is
5266 amended to read as follows:
5367 (a) Except as provided by Section 61.021 and [in] Subsection
5468 (c) [of this section], no person may hunt an antlerless deer or
5569 antelope in this state without first having acquired an antlerless
5670 deer or antelope permit issued by the department on a form provided
5771 by the department.
5872 SECTION 4. This Act takes effect immediately if it receives
5973 a vote of two-thirds of all the members elected to each house, as
6074 provided by Section 39, Article III, Texas Constitution. If this
6175 Act does not receive the vote necessary for immediate effect, this
6276 Act takes effect September 1, 2017.
77+ ______________________________ ______________________________
78+ President of the Senate Speaker of the House
79+ I certify that H.B. No. 1891 was passed by the House on May 6,
80+ 2017, by the following vote: Yeas 141, Nays 0, 2 present, not
81+ voting; and that the House concurred in Senate amendments to H.B.
82+ No. 1891 on May 21, 2017, by the following vote: Yeas 138, Nays 0,
83+ 2 present, not voting.
84+ ______________________________
85+ Chief Clerk of the House
86+ I certify that H.B. No. 1891 was passed by the Senate, with
87+ amendments, on May 19, 2017, by the following vote: Yeas 29, Nays
88+ 2.
89+ ______________________________
90+ Secretary of the Senate
91+ APPROVED: __________________
92+ Date
93+ __________________
94+ Governor