| 1 | 1 | | 87R4783 BEE-F |
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| 2 | 2 | | By: Krause H.B. No. 2724 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to the removal and disposal of abandoned fishing devices |
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| 8 | 8 | | and the seizure and disposition of unlawful fishing devices. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Subchapter B, Chapter 12, Parks and Wildlife |
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| 11 | 11 | | Code, is amended by adding Section 12.1104 to read as follows: |
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| 12 | 12 | | Sec. 12.1104. REMOVAL AND DISPOSAL OF ABANDONED FISHING |
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| 13 | 13 | | DEVICE. (a) In this section, "abandoned fishing device" means an |
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| 14 | 14 | | unattended fishing device located in the public water of this state |
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| 15 | 15 | | that is placed in violation of a provision of this code or |
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| 16 | 16 | | commission rule. |
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| 17 | 17 | | (b) An abandoned fishing device is litter for purposes of |
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| 18 | 18 | | Section 365.011, Health and Safety Code, and is subject to |
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| 19 | 19 | | immediate removal and disposal. Except as provided by Subsection |
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| 20 | 20 | | (e), an abandoned fishing device must be disposed of in compliance |
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| 21 | 21 | | with the Health and Safety Code. |
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| 22 | 22 | | (c) The commission may adopt rules to govern the removal and |
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| 23 | 23 | | disposal of abandoned fishing devices as necessary to enhance: |
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| 24 | 24 | | (1) enforcement of this section; |
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| 25 | 25 | | (2) the cleanliness of the beds and bottoms of the |
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| 26 | 26 | | public water of this state; |
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| 27 | 27 | | (3) boating safety; and |
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| 28 | 28 | | (4) the conservation and management of aquatic |
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| 29 | 29 | | resources. |
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| 30 | 30 | | (d) A game warden or other peace officer is immune from |
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| 31 | 31 | | liability and from suit for the removal or disposal of an abandoned |
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| 32 | 32 | | fishing device under this section. |
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| 33 | 33 | | (e) On request of an authorized representative of a unit of |
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| 34 | 34 | | The University of Texas System, The Texas A&M University System, or |
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| 35 | 35 | | the Texas State University System engaged in teaching and research |
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| 36 | 36 | | related to marine science and oceanography, the department may |
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| 37 | 37 | | transfer an abandoned fishing device removed under this section to |
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| 38 | 38 | | the unit for use in the unit's teaching or research programs. |
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| 39 | 39 | | SECTION 2. Section 12.1105(d), Parks and Wildlife Code, is |
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| 40 | 40 | | amended to read as follows: |
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| 41 | 41 | | (d) A game warden or other peace officer who seizes items |
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| 42 | 42 | | under this section is immune from liability and from suit for a |
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| 43 | 43 | | seizure or destruction of a seine, net, trawl, trap, or other device |
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| 44 | 44 | | as authorized by Subsection (b) [this section]. |
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| 45 | 45 | | SECTION 3. Section 66.102, Parks and Wildlife Code, is |
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| 46 | 46 | | amended to read as follows: |
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| 47 | 47 | | Sec. 66.102. PLACING PROHIBITED DEVICES IN PUBLIC WATER. A |
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| 48 | 48 | | device designed to catch fish or other aquatic wildlife resources |
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| 49 | 49 | | that is placed in the public fresh water of this state in violation |
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| 50 | 50 | | of a law or commission proclamation is a nuisance, and a game warden |
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| 51 | 51 | | or other peace officer shall confiscate and dispose of the device as |
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| 52 | 52 | | provided by Section 12.1104 or 12.1105, as applicable [of this |
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| 53 | 53 | | code]. A game warden or other peace officer is immune from |
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| 54 | 54 | | liability for the destruction of devices found in violation of this |
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| 55 | 55 | | section. |
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| 56 | 56 | | SECTION 4. Section 12.1105(c), Parks and Wildlife Code, is |
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| 57 | 57 | | repealed. |
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| 58 | 58 | | SECTION 5. This Act takes effect September 1, 2021. |
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