86R11397 AAF-F
By: Farrar H.B. No. 3559
A BILL TO BE ENTITLED
AN ACT
relating to prohibiting the use of certain substances to take
nongame wildlife; creating a criminal offense.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 67, Parks and Wildlife Code, is amended
by adding Section 67.0042 to read as follows:
Sec. 67.0042. PROHIBITION AGAINST USE OF CERTAIN
SUBSTANCES. (a) In this section, "stupefying, noxious, or toxic
chemical or substance" includes:
(1) a substance classified by the United States
Environmental Protection Agency as total petroleum hydrocarbons,
such as gasoline, kerosene, mineral oil, benzene, toluene, xylene,
or naphthalene;
(2) a non-hydrocarbon volatile organic compound, such
as acetone, alcohol, ether, formaldehyde, carbon tetrachloride, or
a chlorofluorocarbon;
(3) a caustic substance or blistering agent, such as
an acid, alkali, phenol, chloride, or ammonia; and
(4) a pesticide, herbicide, fungicide, or detergent.
(b) Except as provided by Subsection (c), no person may:
(1) use a stupefying, noxious, or toxic chemical or
substance to take, flush out, or dislodge nongame wildlife; or
(2) knowingly possess any nongame wildlife that has
been taken by use of a stupefying, noxious, or toxic chemical or
substance.
(c) Subsection (b) does not apply to the use of registered
pesticides in accordance with labeling instructions by persons
licensed under Chapter 1951, Occupations Code, or Chapter 76,
Agriculture Code.
SECTION 2. Section 67.005, Parks and Wildlife Code, is
amended to read as follows:
Sec. 67.005. PENALTY. (a) A person who violates Section
67.0042 or a regulation of the commission issued under this chapter
commits an offense that is a Class C Parks and Wildlife Code
misdemeanor.
(b) A person who violates Section 67.0042 or a regulation of
the commission issued under this chapter and who has been convicted
on one previous occasion of a violation of Section 67.0042 or of a
commission regulation under this chapter commits an offense that is
a Class B Parks and Wildlife Code misdemeanor.
(c) A person who violates Section 67.0042 or a regulation of
the commission issued under this chapter and who has been convicted
on two or more previous occasions of a violation of Section 67.0042
or of commission regulations under this chapter commits an offense
that is a Class A Parks and Wildlife Code misdemeanor.
SECTION 3. The change in law made by this Act applies only
to an offense committed on or after the effective date of this Act.
An offense committed before the effective date of this Act is
governed by the law in effect on the date the offense was committed,
and the former law is continued in effect for that purpose. For
purposes of this section, an offense was committed before the
effective date of this Act if any element of the offense occurred
before that date.
SECTION 4. This Act takes effect September 1, 2019.