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