| 2 | | - | (In the Senate - Filed February 26, 2021; March 11, 2021, |
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| 3 | | - | read first time and referred to Committee on Water, Agriculture & |
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| 4 | | - | Rural Affairs; April 20, 2021, reported favorably by the following |
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| 5 | | - | vote: Yeas 9, Nays 0; April 20, 2021, sent to printer.) |
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| 6 | | - | Click here to see the committee vote |
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| 7 | 3 | | |
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| 8 | 4 | | |
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| 9 | 5 | | A BILL TO BE ENTITLED |
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| 10 | 6 | | AN ACT |
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| 11 | 7 | | relating to the possession, transportation, and release of certain |
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| 12 | 8 | | nonindigenous snakes; increasing a criminal penalty. |
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| 13 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 14 | 10 | | SECTION 1. Section 43.851(a), Parks and Wildlife Code, is |
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| 15 | 11 | | amended to read as follows: |
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| 16 | 12 | | (a) The commission by rule shall establish permits that |
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| 17 | 13 | | allow permit holders to possess or transport in this state a live |
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| 18 | 14 | | nonindigenous snake, including a hybrid of any kind, that is: |
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| 19 | 15 | | (1) venomous [snake]; or |
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| 20 | 16 | | (2) a constrictor that is one of the following: |
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| 21 | 17 | | (A) African rock python, Python sebae; |
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| 22 | 18 | | (B) Asiatic rock python, Python molurus; |
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| 23 | 19 | | (C) Burmese python, Python bivittatus; |
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| 24 | 20 | | (D) green anaconda, Eunectes murinus; |
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| 25 | 21 | | (E) [(D)] reticulated python, Python |
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| 26 | 22 | | reticulatus; or |
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| 27 | 23 | | (F) [(E)] southern African python, Python |
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| 28 | 24 | | natalensis. |
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| 29 | 25 | | SECTION 2. Section 43.853, Parks and Wildlife Code, is |
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| 30 | 26 | | amended to read as follows: |
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| 31 | 27 | | Sec. 43.853. RELEASE FROM CAPTIVITY. A person may not |
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| 32 | 28 | | intentionally, knowingly, recklessly, or with criminal negligence |
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| 33 | 29 | | release or allow the release from captivity of a nonindigenous |
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| 34 | 30 | | snake [covered by this subchapter]. |
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| 35 | 31 | | SECTION 3. Section 43.856, Parks and Wildlife Code, is |
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| 36 | 32 | | amended by amending Subsection (a) and adding Subsection (c) to |
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| 37 | 33 | | read as follows: |
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| 38 | 34 | | (a) Except as provided by Subsection (b) or (c), a person |
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| 39 | 35 | | who violates this subchapter or a rule adopted under this |
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| 40 | 36 | | subchapter commits an offense that is a Class C Parks and Wildlife |
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| 41 | 37 | | Code misdemeanor. |
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| 42 | 38 | | (c) If it is shown at the trial of the defendant for a |
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| 43 | 39 | | violation of this subchapter or a rule adopted under this |
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| 44 | 40 | | subchapter that the defendant has engaged in a commercial activity |
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| 45 | 41 | | without holding a required permit and the defendant has been |
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| 46 | 42 | | previously convicted of a violation of this subchapter or a rule |
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| 47 | 43 | | adopted under this subchapter, on conviction the defendant shall be |
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| 48 | 44 | | punished for a Class B Parks and Wildlife Code misdemeanor. |
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| 49 | 45 | | SECTION 4. This Act takes effect September 1, 2021. |
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