Texas 2021 - 87th Regular

Texas Senate Bill SB599 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	S.B. No. 599
	1	+	By: Perry S.B. No. 599
	2	+	(Krause)
2	3
3	4
	5	+	A BILL TO BE ENTITLED
4	6		AN ACT
5	7		relating to the removal and disposal of abandoned fishing devices
6	8		and the seizure and disposition of unlawful fishing devices.
7	9		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
8	10		SECTION 1. Subchapter B, Chapter 12, Parks and Wildlife
9	11		Code, is amended by adding Section 12.1104 to read as follows:
10	12		Sec. 12.1104. REMOVAL AND DISPOSAL OF ABANDONED FISHING
11	13		DEVICE. (a) In this section, "abandoned fishing device" means an
12	14		unattended fishing device located in the public water of this state
13	15		that is placed in violation of a provision of this code or
14	16		commission rule.
15	17		(b) An abandoned fishing device is litter for purposes of
16	18		Section 365.011, Health and Safety Code, and is subject to
17	19		immediate removal and disposal. Except as provided by Subsection
18	20		(e), an abandoned fishing device must be disposed of in compliance
19	21		with the Health and Safety Code.
20	22		(c) The commission may adopt rules to govern the removal and
21	23		disposal of abandoned fishing devices as necessary to enhance:
22	24		(1) enforcement of this section;
23	25		(2) the cleanliness of the beds and bottoms of the
24	26		public water of this state;
25	27		(3) boating safety; and
26	28		(4) the conservation and management of aquatic
27	29		resources.
28	30		(d) A game warden or other peace officer is immune from
29	31		liability and from suit for the removal or disposal of an abandoned
30	32		fishing device under this section.
31	33		(e) On request of an authorized representative of a unit of
32	34		The University of Texas System, The Texas A&M University System, or
33	35		the Texas State University System engaged in teaching and research
34	36		related to marine science and oceanography, the department may
35	37		transfer an abandoned fishing device removed under this section to
36	38		the unit for use in the unit's teaching or research programs.
37	39		SECTION 2. Section 12.1105(d), Parks and Wildlife Code, is
38	40		amended to read as follows:
39	41		(d) A game warden or other peace officer who seizes items
40	42		under this section is immune from liability and from suit for a
41	43		seizure or destruction of a seine, net, trawl, trap, or other device
42	44		as authorized by Subsection (b) [this section].
43	45		SECTION 3. Section 66.102, Parks and Wildlife Code, is
44	46		amended to read as follows:
45	47		Sec. 66.102. PLACING PROHIBITED DEVICES IN PUBLIC WATER. A
46	48		device designed to catch fish or other aquatic wildlife resources
47	49		that is placed in the public fresh water of this state in violation
48	50		of a law or commission proclamation is a nuisance, and a game warden
49	51		or other peace officer shall confiscate and dispose of the device as
50	52		provided by Section 12.1104 or 12.1105, as applicable [of this
51	53		code]. A game warden or other peace officer is immune from
52	54		liability for the destruction of devices found in violation of this
53	55		section.
54	56		SECTION 4. Section 12.1105(c), Parks and Wildlife Code, is
55	57		repealed.
56	58		SECTION 5. This Act takes effect September 1, 2021.
57		-	______________________________ ______________________________
58		-	President of the Senate Speaker of the House
59		-	I hereby certify that S.B. No. 599 passed the Senate on
60		-	April 9, 2021, by the following vote: Yeas 31, Nays 0.
61		-	______________________________
62		-	Secretary of the Senate
63		-	I hereby certify that S.B. No. 599 passed the House on
64		-	April 30, 2021, by the following vote: Yeas 140, Nays 1, two
65		-	present not voting.
66		-	______________________________
67		-	Chief Clerk of the House
68		-	Approved:
69		-	______________________________
70		-	Date
71		-	______________________________
72		-	Governor