S.B. No. 1236
AN ACT
relating to the use of certain weapons in or on the bed or bank of a
navigable river or stream; providing a penalty.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 284.001, Parks and Wildlife Code, is
transferred to Subchapter B, Chapter 1, Parks and Wildlife Code,
redesignated as Section 1.014, Parks and Wildlife Code, and amended
to read as follows:
Sec. 1.014 [284.001]. USE OF CERTAIN WEAPONS IN OR ON BED OR
BANK OF NAVIGABLE RIVER OR STREAM [DISCHARGE OF FIREARM]
PROHIBITED. (a) In this section:
(1) "Archery equipment" means a longbow, recurved bow,
compound bow, or crossbow.
(2) "Firearm" has the meaning assigned by Section
62.014.
(3) "Navigable river or stream" has the meaning
assigned by Section 90.001.
(b) [This section applies only to a navigable river or
stream located wholly or partly in Dimmit, Edwards, Frio, Hall,
Kenedy, Llano, Maverick, Real, Uvalde, or Zavala County.
[(c)] Except as provided by Subsection (c) [(d)], a person
may not discharge a firearm or shoot an arrow from any kind of bow
if:
(1) the person is located in or on the bed or bank of a
navigable river or stream at the time the firearm is discharged or
the arrow is shot from the bow; or
(2) any portion of the ammunition discharged or arrow
shot could physically contact the bed or bank of a navigable river
or stream.
(c) [(d)] This section does not apply to:
(1) an individual acting in the scope of the
individual's duties as a peace officer or department employee;
(2) the discharge of a shotgun loaded with ammunition
that releases only shot when discharged; [or]
(3) an individual engaging in fishing using archery
equipment, if the individual is in compliance with Subsection (e);
(4) the discharge of a firearm during the legal taking
of an alligator; or
(5) the discharge of a firearm from the bank of a
navigable river or stream to take a venomous snake or nonindigenous
rodent by:
(A) an owner of the land adjacent to or through
which the navigable river or stream runs; or
(B) an agent of an owner described by Paragraph
(A) [(f)].
(d) [(e)] This section does not limit the ability of a
license holder to carry a handgun under the authority of Subchapter
H, Chapter 411, Government Code.
(e) [(f)] An individual engaging in fishing using archery
equipment may not possess while fishing:
(1) an arrow equipped with fletching of any kind;
(2) an unbarbed arrow; or
(3) a bow that is not equipped with a reel and line.
(f) A person who violates this section commits an offense
that is a Class C Parks and Wildlife Code misdemeanor.
(g) If conduct that constitutes an offense under this
section also constitutes an offense under Title 7, the actor may be
prosecuted under this section or the other law, but not both.
SECTION 2. The heading to Chapter 284, Parks and Wildlife
Code, is repealed.
SECTION 3. This Act takes effect September 1, 2023.
______________________________ ______________________________
President of the Senate Speaker of the House
I hereby certify that S.B. No. 1236 passed the Senate on
April 3, 2023, by the following vote: Yeas 29, Nays 1; and that
the Senate concurred in House amendments on May 25, 2023, by the
following vote: Yeas 30, Nays 1.
______________________________
Secretary of the Senate
I hereby certify that S.B. No. 1236 passed the House, with
amendments, on May 19, 2023, by the following vote: Yeas 131,
Nays 12, two present not voting.
______________________________
Chief Clerk of the House
Approved:
______________________________
Date
______________________________
Governor