Texas 2019 - 86th Regular

Texas House Bill HB3559 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	86R11397 AAF-F
2	2	By: Farrar H.B. No. 3559
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to prohibiting the use of certain substances to take
8	8	nongame wildlife; creating a criminal offense.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Chapter 67, Parks and Wildlife Code, is amended
11	11	by adding Section 67.0042 to read as follows:
12	12	Sec. 67.0042. PROHIBITION AGAINST USE OF CERTAIN
13	13	SUBSTANCES. (a) In this section, "stupefying, noxious, or toxic
14	14	chemical or substance" includes:
15	15	(1) a substance classified by the United States
16	16	Environmental Protection Agency as total petroleum hydrocarbons,
17	17	such as gasoline, kerosene, mineral oil, benzene, toluene, xylene,
18	18	or naphthalene;
19	19	(2) a non-hydrocarbon volatile organic compound, such
20	20	as acetone, alcohol, ether, formaldehyde, carbon tetrachloride, or
21	21	a chlorofluorocarbon;
22	22	(3) a caustic substance or blistering agent, such as
23	23	an acid, alkali, phenol, chloride, or ammonia; and
24	24	(4) a pesticide, herbicide, fungicide, or detergent.
25	25	(b) Except as provided by Subsection (c), no person may:
26	26	(1) use a stupefying, noxious, or toxic chemical or
27	27	substance to take, flush out, or dislodge nongame wildlife; or
28	28	(2) knowingly possess any nongame wildlife that has
29	29	been taken by use of a stupefying, noxious, or toxic chemical or
30	30	substance.
31	31	(c) Subsection (b) does not apply to the use of registered
32	32	pesticides in accordance with labeling instructions by persons
33	33	licensed under Chapter 1951, Occupations Code, or Chapter 76,
34	34	Agriculture Code.
35	35	SECTION 2. Section 67.005, Parks and Wildlife Code, is
36	36	amended to read as follows:
37	37	Sec. 67.005. PENALTY. (a) A person who violates Section
38	38	67.0042 or a regulation of the commission issued under this chapter
39	39	commits an offense that is a Class C Parks and Wildlife Code
40	40	misdemeanor.
41	41	(b) A person who violates Section 67.0042 or a regulation of
42	42	the commission issued under this chapter and who has been convicted
43	43	on one previous occasion of a violation of Section 67.0042 or of a
44	44	commission regulation under this chapter commits an offense that is
45	45	a Class B Parks and Wildlife Code misdemeanor.
46	46	(c) A person who violates Section 67.0042 or a regulation of
47	47	the commission issued under this chapter and who has been convicted
48	48	on two or more previous occasions of a violation of Section 67.0042
49	49	or of commission regulations under this chapter commits an offense
50	50	that is a Class A Parks and Wildlife Code misdemeanor.
51	51	SECTION 3. The change in law made by this Act applies only
52	52	to an offense committed on or after the effective date of this Act.
53	53	An offense committed before the effective date of this Act is
54	54	governed by the law in effect on the date the offense was committed,
55	55	and the former law is continued in effect for that purpose. For
56	56	purposes of this section, an offense was committed before the
57	57	effective date of this Act if any element of the offense occurred
58	58	before that date.
59	59	SECTION 4. This Act takes effect September 1, 2019.