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A BILL TO BE ENTITLED
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AN ACT
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relating to the use of certain weapons in or on the bed or bank of a |
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navigable river or stream; providing a penalty. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 284.001, Parks and Wildlife Code, is |
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transferred to Subchapter B, Chapter 1, Parks and Wildlife Code, |
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redesignated as Section 1.014, Parks and Wildlife Code, and amended |
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to read as follows: |
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Sec. 1.014 [284.001]. USE OF CERTAIN WEAPONS IN OR ON BED OR |
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BANK OF NAVIGABLE RIVER OR STREAM [DISCHARGE OF FIREARM] |
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PROHIBITED. (a) In this section: |
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(1) "Archery equipment" means a longbow, recurved bow, |
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compound bow, or crossbow. |
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(2) "Firearm" has the meaning assigned by Section |
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62.014. |
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(3) "Navigable river or stream" has the meaning |
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assigned by Section 90.001. |
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(b) [This section applies only to a navigable river or |
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stream located wholly or partly in Dimmit, Edwards, Frio, Hall, |
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Kenedy, Llano, Maverick, Real, Uvalde, or Zavala County. |
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[(c)] Except as provided by Subsection (c) [(d)], a person |
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may not discharge a firearm or shoot an arrow from any kind of bow |
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if: |
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(1) the person is located in or on the bed or bank of a |
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navigable river or stream at the time the firearm is discharged or |
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the arrow is shot from the bow; or |
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(2) any portion of the ammunition discharged or arrow |
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shot could physically contact the bed or bank of a navigable river |
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or stream. |
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(c) [(d)] This section does not apply to: |
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(1) an individual acting in the scope of the |
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individual's duties as a peace officer or department employee; |
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(2) the discharge of a shotgun loaded with ammunition |
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that releases only shot when discharged; [or] |
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(3) an individual engaging in fishing using archery |
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equipment, if the individual is in compliance with Subsection (e); |
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or |
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(4) the discharge of a firearm from the bank of a |
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navigable river or stream to take a venomous snake or nonindigenous |
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rodent by: |
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(A) an owner of the land adjacent to or through |
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which the navigable river or stream runs; or |
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(B) an agent of an owner described by Paragraph |
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(A) [(f)]. |
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(d) [(e)] This section does not limit the ability of a |
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license holder to carry a handgun under the authority of Subchapter |
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H, Chapter 411, Government Code. |
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(e) [(f)] An individual engaging in fishing using archery |
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equipment may not possess while fishing: |
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(1) an arrow equipped with fletching of any kind; |
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(2) an unbarbed arrow; or |
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(3) a bow that is not equipped with a reel and line. |
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(f) A person who violates this section commits an offense |
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that is a Class C Parks and Wildlife Code misdemeanor. |
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(g) If conduct that constitutes an offense under this |
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section also constitutes an offense under Title 7, the actor may be |
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prosecuted under this section or the other law, but not both. |
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SECTION 2. The heading to Chapter 284, Parks and Wildlife |
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Code, is repealed. |
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SECTION 3. This Act takes effect September 1, 2023. |