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H.B. No. 1959
AN ACT
relating to the hunting of deer with dogs and the taking of wildlife
resources without the consent of the landowner; providing
penalties.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. It is the intent of the legislature by passage of
this Act to provide an enforcement tool to deter the unlawful
hunting of deer with dogs in certain East Texas counties where the
activity has historically occurred. This Act is not intended to
prevent a person from engaging in lawful hunting activities,
including hunting waterfowl, feral hogs, white-tailed deer, and red
or gray squirrels, or trailing a wounded deer in counties where that
is lawful.
SECTION 2. Subchapter A, Chapter 62, Parks and Wildlife
Code, is amended by adding Section 62.0065 to read as follows:
Sec. 62.0065. HUNTING DEER WITH DOGS. (a) Except as
provided by Subsection (d), a person may not recklessly use a dog to
hunt or pursue a deer in this state.
(b) Subject to Subsection (a), the commission by rule may
prescribe the type of firearm that may be possessed during an open
deer season by a person who is in actual or constructive possession
of a dog while in the field on another person's land or property in
Angelina, Hardin, Harris, Harrison, Houston, Jasper, Jefferson,
Liberty, Montgomery, Nacogdoches, Newton, Orange, Panola, Polk,
Rusk, Sabine, San Augustine, San Jacinto, Shelby, Trinity, Tyler,
or Walker County.
(c) It is not a defense to prosecution under Subsection (a)
or to prosecution for violation of a rule adopted under Subsection
(b) that the defendant was not the owner or in immediate possession
of the dog or that the offense or violation was committed without
the effective consent of the dog's owner.
(d) The commission by rule may authorize the use of dogs to
trail wounded deer.
SECTION 3. Sections 62.013(b) and (c), Parks and Wildlife
Code, are amended to read as follows:
(b) A person who violates Section 62.003, 62.004, 62.005,
62.0065, or 62.011(c), or a rule adopted under Section 62.0065 [of
this code] commits an offense that is a Class A Parks and Wildlife
Code misdemeanor, unless it is shown at the trial of the defendant
for a violation of that section or rule, as appropriate, that the
defendant has been convicted one or more times before the trial date
of a violation of that section or rule, as appropriate, in which
case the offense is a Parks and Wildlife Code state jail felony.
(c) In addition to the punishments provided in Subsections
(a) and (b), a person who violates Section 62.003, 62.004, 62.005,
62.0065, or 62.011(c), or a rule adopted under Section 62.0065 [of
this code] is punishable by the revocation or suspension under
Section 12.5015 of hunting and fishing licenses and permits.
SECTION 4. Sections 62.017(a) and (c), Parks and Wildlife
Code, are amended to read as follows:
(a) If a person is finally convicted of an offense under
Section 61.022, 62.003, 62.004, 62.005, 62.0065, or 62.011(c), or
violation of a rule adopted under Section 62.0065, the court
entering judgment of conviction may order any weapon or other
personal property used in the commission of the offense or
violation destroyed or forfeited to the department.
(c) This section does not apply to a vehicle, aircraft, [or]
vessel, or dog.
SECTION 5. Sections 12.5015(a), (b), and (c), Parks and
Wildlife Code, are amended to read as follows:
(a) Except as provided by this section, any hunting or
fishing license or permit issued by the department to a person is
automatically revoked on final conviction of the person of an
offense under Section 61.022, 62.003, 62.004, 62.005, 62.0065,
62.011, 66.004(a), or 66.004(c) or a violation of a rule adopted
under Section 62.0065.
(b) If the holder of a lifetime license is finally convicted
of an offense under Section 61.022, 62.003, 62.004, 62.005,
62.0065, 62.011(c), 66.004(a), or 66.004(c), or a violation of a
rule adopted under Section 62.0065, the person's lifetime license
is automatically suspended. The suspension is for a period set by
the court of not less than one year or more than five years. If the
court does not set a period, the suspension is for one year from the
date the conviction becomes final.
(c) On conviction of a person for an offense under Section
61.022, 62.003, 62.004, 62.005, 62.0065, 62.011(c), 66.004(a), or
66.004(c), or a violation of a rule adopted under Section 62.0065,
the court shall set a period of not less than one year and not more
than five years during which the department may not issue that
person a license, tag, or stamp under Chapter 42, 46, or 50. If the
court does not set a period, the department may not issue that
person a license, tag, or stamp under Chapter 42, 46, or 50 before
the first anniversary of the date the conviction becomes final.
SECTION 6. (a) The change in law made by this Act applies
only to an offense committed on or after the effective date of this
Act. For purposes of this section, an offense is committed before
the effective date of this Act if any element of the offense occurs
before that date.
(b) An offense committed before the effective date of this
Act is governed by the law in effect when the offense was committed,
and that law is continued in effect for that purpose.
SECTION 7. This Act takes effect September 1, 2005.
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 1959 was passed by the House on April
22, 2005, by a non-record vote; and that the House concurred in
Senate amendments to H.B. No. 1959 on May 27, 2005, by a non-record
vote.
______________________________
Chief Clerk of the House
I certify that H.B. No. 1959 was passed by the Senate, with
amendments, on May 25, 2005, by the following vote: Yeas 31, Nays
0.
______________________________
Secretary of the Senate
APPROVED: __________________
Date
__________________
Governor