By: Canales, et al. (Senate Sponsor - Perry) H.B. No. 547
(In the Senate - Received from the House April 1, 2019;
April 2, 2019, read first time and referred to Committee on Water &
Rural Affairs; April 25, 2019, reported favorably by the following
vote: Yeas 7, Nays 0; April 25, 2019, sent to printer.)
Click here to see the committee vote
A BILL TO BE ENTITLED
AN ACT
relating to verification of hunting and fishing license
information.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 42.006, Parks and Wildlife Code, is
amended to read as follows:
Sec. 42.006. POSSESSION OF LICENSE;[:] RULES. (a) The
commission by rule may prescribe requirements relating to
possessing a license issued under this chapter.
(b) Rules adopted under Subsection (a) must allow for a
person to present for the purpose of verification of possession a
hunting license as an image displayed on a wireless communication
device. The image displayed may be either an image of information
from the Internet website of the department or a photograph of a
hunting license.
(c) The display of an image that includes hunting license
information on a wireless communication device under this section
does not constitute effective consent for a law enforcement
officer, or any other person, to access the contents of the wireless
communication device except to view the hunting license
information.
(d) The authorization of the use of a wireless communication
device to display hunting license information under Subsection (b)
does not prevent a court of competent jurisdiction from requiring a
person to provide a paper copy of the person's hunting license in a
hearing or trial or in connection with discovery proceedings.
(e) A telecommunications provider, as defined by Section
51.002, Utilities Code, may not be held liable to the holder of a
hunting license for the failure of a wireless communication device
to display hunting license information under Subsection (b).
SECTION 2. Section 46.0085, Parks and Wildlife Code, is
amended by adding Subsections (d), (e), (f), and (g) to read as
follows:
(d) Rules adopted under Subsection (a) must allow for a
person to present for the purpose of verification of possession a
fishing license as an image displayed on a wireless communication
device. The image displayed may be either an image of information
from the Internet website of the department or a photograph of a
fishing license.
(e) The display of an image that includes fishing license
information on a wireless communication device under this section
does not constitute effective consent for a law enforcement
officer, or any other person, to access the contents of the wireless
communication device except to view the fishing license
information.
(f) The authorization of the use of a wireless communication
device to display fishing license information under Subsection (d)
does not prevent a court of competent jurisdiction from requiring a
person to provide a paper copy of the person's fishing license in a
hearing or trial or in connection with discovery proceedings.
(g) A telecommunications provider, as defined by Section
51.002, Utilities Code, may not be held liable to the holder of a
fishing license for the failure of a wireless communication device
to display fishing license information under Subsection (d).
SECTION 3. Section 50.004, Parks and Wildlife Code, is
amended by adding Subsections (c), (d), (e), and (f) to read as
follows:
(c) Rules adopted under Subsection (a) must allow for a
person to present for the purpose of verification of possession a
combination hunting and fishing license as an image displayed on a
wireless communication device. The image displayed may be either an
image of information from the Internet website of the department or
a photograph of a combination hunting and fishing license.
(d) The display of an image that includes combination
hunting and fishing license information on a wireless communication
device under this section does not constitute effective consent for
a law enforcement officer, or any other person, to access the
contents of the wireless communication device except to view the
combination hunting and fishing license information.
(e) The authorization of the use of a wireless communication
device to display combination hunting and fishing license
information under Subsection (c) does not prevent a court of
competent jurisdiction from requiring a person to provide a paper
copy of the person's combination hunting and fishing license in a
hearing or trial or in connection with discovery proceedings.
(f) A telecommunications provider, as defined by Section
51.002, Utilities Code, may not be held liable to the holder of a
combination hunting and fishing license for the failure of a
wireless communication device to display combination hunting and
fishing license information under Subsection (c).
SECTION 4. This Act takes effect September 1, 2019.
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