| 1 | 1 | | By: Perry, Flores S.B. No. 1764 |
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| 2 | 2 | | (In the Senate - Filed March 7, 2023; March 20, 2023, read |
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| 3 | 3 | | first time and referred to Committee on Water, Agriculture & Rural |
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| 4 | 4 | | Affairs; March 28, 2023, reported adversely, with favorable |
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| 5 | 5 | | Committee Substitute by the following vote: Yeas 9, Nays 0; |
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| 6 | 6 | | March 28, 2023, sent to printer.) |
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| 7 | 7 | | Click here to see the committee vote |
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| 8 | 8 | | COMMITTEE SUBSTITUTE FOR S.B. No. 1764 By: Perry |
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| 9 | 9 | | |
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| 10 | 10 | | |
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| 11 | 11 | | A BILL TO BE ENTITLED |
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| 12 | 12 | | AN ACT |
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| 13 | 13 | | relating to the use of certain weapons in or on the bed or bank of a |
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| 14 | 14 | | navigable river or stream. |
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| 15 | 15 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 16 | 16 | | SECTION 1. Section 284.001, Parks and Wildlife Code, is |
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| 17 | 17 | | transferred to Subchapter B, Chapter 1, Parks and Wildlife Code, |
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| 18 | 18 | | redesignated as Section 1.014, Parks and Wildlife Code, and amended |
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| 19 | 19 | | to read as follows: |
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| 20 | 20 | | Sec. 1.014 [284.001]. USE OF CERTAIN WEAPONS IN OR ON BED OR |
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| 21 | 21 | | BANK OF NAVIGABLE RIVER OR STREAM [DISCHARGE OF FIREARM] |
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| 22 | 22 | | PROHIBITED. (a) In this section: |
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| 23 | 23 | | (1) "Archery equipment" means a longbow, recurved bow, |
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| 24 | 24 | | compound bow, or crossbow. |
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| 25 | 25 | | (2) "Firearm" has the meaning assigned by Section |
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| 26 | 26 | | 62.014. |
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| 27 | 27 | | (3) "Navigable river or stream" has the meaning |
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| 28 | 28 | | assigned by Section 90.001. |
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| 29 | 29 | | (b) [This section applies only to a navigable river or |
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| 30 | 30 | | stream located wholly or partly in Dimmit, Edwards, Frio, Hall, |
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| 31 | 31 | | Kenedy, Llano, Maverick, Real, Uvalde, or Zavala County. |
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| 32 | 32 | | [(c)] Except as provided by Subsection (c) [(d)], a person |
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| 33 | 33 | | may not discharge a firearm or shoot an arrow from any kind of bow |
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| 34 | 34 | | if: |
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| 35 | 35 | | (1) the person is located in or on the bed or bank of a |
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| 36 | 36 | | navigable river or stream at the time the firearm is discharged or |
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| 37 | 37 | | the arrow is shot from the bow; or |
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| 38 | 38 | | (2) any portion of the ammunition discharged or arrow |
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| 39 | 39 | | shot could physically contact the bed or bank of a navigable river |
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| 40 | 40 | | or stream. |
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| 41 | 41 | | (c) [(d)] This section does not apply to: |
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| 42 | 42 | | (1) an individual acting in the scope of the |
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| 43 | 43 | | individual's duties as a peace officer or department employee; |
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| 44 | 44 | | (2) the discharge of a shotgun loaded with ammunition |
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| 45 | 45 | | that releases only shot when discharged; or |
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| 46 | 46 | | (3) an individual engaging in fishing using archery |
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| 47 | 47 | | equipment, if the individual is in compliance with Subsection (e) |
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| 48 | 48 | | [(f)]. |
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| 49 | 49 | | (d) [(e)] This section does not limit the ability of a |
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| 50 | 50 | | license holder to carry a handgun under the authority of Subchapter |
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| 51 | 51 | | H, Chapter 411, Government Code. |
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| 52 | 52 | | (e) [(f)] An individual engaging in fishing using archery |
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| 53 | 53 | | equipment may not possess while fishing: |
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| 54 | 54 | | (1) an arrow equipped with fletching of any kind; |
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| 55 | 55 | | (2) an unbarbed arrow; or |
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| 56 | 56 | | (3) a bow that is not equipped with a reel and line. |
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| 57 | 57 | | (f) A person who violates this section commits an offense |
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| 58 | 58 | | that is a Class C Parks and Wildlife Code misdemeanor. |
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| 59 | 59 | | (g) If conduct that constitutes an offense under this |
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| 60 | 60 | | section also constitutes an offense under Title 7, the actor may be |
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| 61 | 61 | | prosecuted under this section or the other law, but not both. |
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| 62 | 62 | | SECTION 2. The heading to Chapter 284, Parks and Wildlife |
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| 63 | 63 | | Code, is repealed. |
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| 64 | 64 | | SECTION 3. This Act takes effect September 1, 2023. |
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| 65 | 65 | | * * * * * |
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