6 | 4 | | AN ACT |
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7 | 5 | | relating to a documented member of the Kickapoo Traditional Tribe |
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8 | 6 | | of Texas hunting certain deer. |
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9 | 7 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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10 | 8 | | SECTION 1. Section 42.001(1), Parks and Wildlife Code, is |
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11 | 9 | | amended to read as follows: |
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12 | 10 | | (1) "Resident" means: |
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13 | 11 | | (A) an individual who has resided continuously in |
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14 | 12 | | this state for more than six months immediately before applying for |
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15 | 13 | | a hunting license; |
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16 | 14 | | (B) a member of the United States armed forces on |
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17 | 15 | | active duty; |
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18 | 16 | | (C) a dependent of a member of the United States |
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19 | 17 | | armed forces on active duty; |
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20 | 18 | | (D) if approved by the director, a terminally ill |
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21 | 19 | | individual who is participating in an event sponsored by a |
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22 | 20 | | charitable nonprofit organization; [or] |
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23 | 21 | | (E) a member of the Kickapoo Traditional Tribe of |
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24 | 22 | | Texas who possesses documentation of membership sanctioned by the |
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25 | 23 | | Bureau of Indian Affairs; or |
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26 | 24 | | (F) a member of any other category of individuals |
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27 | 25 | | that the commission by regulation designates as residents. |
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28 | 26 | | SECTION 2. Section 61.021, Parks and Wildlife Code, is |
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29 | 27 | | amended to read as follows: |
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30 | 28 | | Sec. 61.021. TAKING WILDLIFE RESOURCES PROHIBITED. (a) |
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31 | 29 | | Except as provided by Subsection (b) or permitted under a |
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32 | 30 | | proclamation issued by the commission under this chapter, no person |
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33 | 31 | | may hunt, catch, or possess a game bird or game animal, fish, marine |
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34 | 32 | | animal, or other aquatic life at any time or in any place covered by |
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35 | 33 | | this chapter. |
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36 | 34 | | (b) A documented member of the Kickapoo Traditional Tribe of |
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37 | 35 | | Texas who holds a license under Section 42.002 may hunt antlerless |
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38 | 36 | | white-tailed deer for religious ceremonial purposes on any day of |
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39 | 37 | | the year between one-half hour before sunrise and one-half hour |
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40 | 38 | | after sunset. A documented member of the Kickapoo Traditional |
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41 | 39 | | Tribe of Texas hunting antlerless white-tailed deer under this |
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42 | | - | subsection shall: |
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43 | | - | (1) comply with all other provisions of this code and |
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44 | | - | proclamations adopted under this code; and |
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45 | | - | (2) notify a local game warden, deputy game warden, or |
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46 | | - | special game warden at least 24 hours before hunting antlerless |
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47 | | - | white-tailed deer at a time of the year when a person who holds a |
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48 | | - | license under Section 42.002 but who is not a documented member of |
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49 | | - | the Kickapoo Traditional Tribe of Texas may not hunt antlerless |
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50 | | - | white-tailed deer. |
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| 40 | + | subsection: |
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| 41 | + | (1) shall comply with all other provisions of this |
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| 42 | + | code and proclamations adopted under this code; |
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| 43 | + | (2) shall notify: |
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| 44 | + | (A) a local game warden at least 24 hours before |
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| 45 | + | hunting antlerless white-tailed deer at a time of the year when a |
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| 46 | + | person who holds a license under Section 42.002 but who is not a |
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| 47 | + | documented member of the Kickapoo Traditional Tribe of Texas may |
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| 48 | + | not hunt antlerless white-tailed deer; and |
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| 49 | + | (B) the department not later than September 1 of |
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| 50 | + | each year of the member's intent to hunt antlerless white-tailed |
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| 51 | + | deer for the following calendar year; |
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| 52 | + | (3) may not hunt antlerless white-tailed deer outside |
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| 53 | + | an open hunting season in a chronic wasting disease containment or |
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| 54 | + | surveillance zone, as determined by the department; and |
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| 55 | + | (4) may not receive a pecuniary gain from an action |
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| 56 | + | taken under this subsection. |
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| 57 | + | (c) Subsection (b) applies only to hunting on land that is: |
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| 58 | + | (1) owned or leased by the Kickapoo Traditional Tribe |
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| 59 | + | of Texas; and |
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| 60 | + | (2) located in a county that: |
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| 61 | + | (A) borders the United Mexican States and has a |
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| 62 | + | population of more than 50,000 but less than 70,000; or |
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| 63 | + | (B) is adjacent to a county described by |
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| 64 | + | Paragraph (A) and has a population of less than 9,000. |
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51 | 65 | | SECTION 3. Section 61.057(a), Parks and Wildlife Code, is |
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52 | 66 | | amended to read as follows: |
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53 | 67 | | (a) Except as provided by Section 61.021 and [in] Subsection |
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54 | 68 | | (c) [of this section], no person may hunt an antlerless deer or |
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55 | 69 | | antelope in this state without first having acquired an antlerless |
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56 | 70 | | deer or antelope permit issued by the department on a form provided |
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57 | 71 | | by the department. |
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58 | 72 | | SECTION 4. This Act takes effect immediately if it receives |
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59 | 73 | | a vote of two-thirds of all the members elected to each house, as |
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60 | 74 | | provided by Section 39, Article III, Texas Constitution. If this |
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61 | 75 | | Act does not receive the vote necessary for immediate effect, this |
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62 | 76 | | Act takes effect September 1, 2017. |
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| 77 | + | ______________________________ ______________________________ |
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| 78 | + | President of the Senate Speaker of the House |
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| 79 | + | I certify that H.B. No. 1891 was passed by the House on May 6, |
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| 80 | + | 2017, by the following vote: Yeas 141, Nays 0, 2 present, not |
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| 81 | + | voting; and that the House concurred in Senate amendments to H.B. |
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| 82 | + | No. 1891 on May 21, 2017, by the following vote: Yeas 138, Nays 0, |
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| 83 | + | 2 present, not voting. |
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| 84 | + | ______________________________ |
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| 85 | + | Chief Clerk of the House |
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| 86 | + | I certify that H.B. No. 1891 was passed by the Senate, with |
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| 87 | + | amendments, on May 19, 2017, by the following vote: Yeas 29, Nays |
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| 88 | + | 2. |
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| 89 | + | ______________________________ |
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| 90 | + | Secretary of the Senate |
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| 91 | + | APPROVED: __________________ |
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| 92 | + | Date |
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| 93 | + | __________________ |
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| 94 | + | Governor |
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