87R16011 MP-F
By: Gervin-Hawkins, Guillen H.B. No. 2040
Substitute the following for H.B. No. 2040:
By: Israel C.S.H.B. No. 2040
A BILL TO BE ENTITLED
AN ACT
relating to special open season hunting of certain migratory game
birds by veterans and members of the United States armed forces on
active duty.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 61.058, Parks and Wildlife Code, is
amended by adding Subsection (c) to read as follows:
(c) A special open season provided for by the commission
under Subsection (a) may be combined with a special open season
provided for by the commission under Section 61.059.
SECTION 2. Subchapter C, Chapter 61, Parks and Wildlife
Code, is amended by adding Section 61.059 to read as follows:
Sec. 61.059. HUNTING OF CERTAIN MIGRATORY GAME BIRDS BY
VETERANS AND ACTIVE DUTY ARMED FORCES MEMBERS. (a) The commission
may provide for special open seasons during which the taking and
possession of ducks, geese, mergansers, coots, moorhens, and
gallinules are restricted to veterans, as defined by 38 U.S.C.
Section 101, and members of the armed forces of the United States on
active duty, including members of the national guard and reserves
on active duty other than for training.
(b) A special open season provided for by the commission
under Subsection (a) may be combined with a special open season
provided for by the commission under Section 61.058.
(c) The commission by rule may prescribe the proof of
veteran or active duty status required of a person to participate in
a special open season under this section.
(d) If the commission by rule requires that a person
participating in a special open season under this section have in
the person's immediate possession proof of the person's veteran or
active duty status in accordance with commission rule, the rule
must provide that it is a defense to prosecution under that rule
that the person produces in court proof of the person's veteran or
active duty status in accordance with commission rule.
SECTION 3. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2021.