87R4783 BEE-F
By: Krause H.B. No. 2724
A BILL TO BE ENTITLED
AN ACT
relating to the removal and disposal of abandoned fishing devices
and the seizure and disposition of unlawful fishing devices.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter B, Chapter 12, Parks and Wildlife
Code, is amended by adding Section 12.1104 to read as follows:
Sec. 12.1104. REMOVAL AND DISPOSAL OF ABANDONED FISHING
DEVICE. (a) In this section, "abandoned fishing device" means an
unattended fishing device located in the public water of this state
that is placed in violation of a provision of this code or
commission rule.
(b) An abandoned fishing device is litter for purposes of
Section 365.011, Health and Safety Code, and is subject to
immediate removal and disposal. Except as provided by Subsection
(e), an abandoned fishing device must be disposed of in compliance
with the Health and Safety Code.
(c) The commission may adopt rules to govern the removal and
disposal of abandoned fishing devices as necessary to enhance:
(1) enforcement of this section;
(2) the cleanliness of the beds and bottoms of the
public water of this state;
(3) boating safety; and
(4) the conservation and management of aquatic
resources.
(d) A game warden or other peace officer is immune from
liability and from suit for the removal or disposal of an abandoned
fishing device under this section.
(e) On request of an authorized representative of a unit of
The University of Texas System, The Texas A&M University System, or
the Texas State University System engaged in teaching and research
related to marine science and oceanography, the department may
transfer an abandoned fishing device removed under this section to
the unit for use in the unit's teaching or research programs.
SECTION 2. Section 12.1105(d), Parks and Wildlife Code, is
amended to read as follows:
(d) A game warden or other peace officer who seizes items
under this section is immune from liability and from suit for a
seizure or destruction of a seine, net, trawl, trap, or other device
as authorized by Subsection (b) [this section].
SECTION 3. Section 66.102, Parks and Wildlife Code, is
amended to read as follows:
Sec. 66.102. PLACING PROHIBITED DEVICES IN PUBLIC WATER. A
device designed to catch fish or other aquatic wildlife resources
that is placed in the public fresh water of this state in violation
of a law or commission proclamation is a nuisance, and a game warden
or other peace officer shall confiscate and dispose of the device as
provided by Section 12.1104 or 12.1105, as applicable [of this
code]. A game warden or other peace officer is immune from
liability for the destruction of devices found in violation of this
section.
SECTION 4. Section 12.1105(c), Parks and Wildlife Code, is
repealed.
SECTION 5. This Act takes effect September 1, 2021.