83R23635 SCL-F
 
  By: King of Zavala H.B. No. 2434
 
  Substitute the following for H.B. No. 2434:
 
  By:  M. Gonzalez of El Paso C.S.H.B. No. 2434
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to prohibiting the production or distribution of certain
  records of field trials or the process of hunting or catching
  wildlife; providing a civil remedy and creating an offense.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 62.0125, Parks and Wildlife Code, is
  amended by adding Subsections (e-1), (i), and (j) to read as
  follows:
         (e-1)  No person may, without the consent of the landowner or
  the landowner's agent and with the intent to harm the landowner:
               (1)  use any device to produce an audio, visual, or
  audiovisual record of a person or a person's property lawfully
  engaged in field trials or in any part of the process of hunting or
  catching wildlife on the landowner's property; or
               (2)  distribute a record described by Subdivision (1).
         (i)  A landowner may bring a civil action against a person
  who violates Subsection (e-1) to recover:
               (1)  an amount equal to not more than three times the
  actual and consequential damages caused by the violation;
               (2)  court costs; and
               (3)  reasonable attorney's fees.
         (j)  The cause of action created by Subsection (i) is
  cumulative of any other remedy provided by common law or statute.
         SECTION 2.  Section 62.0125(h), Parks and Wildlife Code, is
  repealed.
         SECTION 3.  (a) The repeal by this Act of Section
  62.0125(h), Parks and Wildlife Code, does not apply to an offense
  committed under that section before 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 Section 62.0125(h), Parks and Wildlife Code, as
  it existed when the offense was committed, and the former law is
  continued in effect for that purpose.
         SECTION 4.  This Act takes effect September 1, 2013.