This website will be unavailable from Thursday, May 30, 2024 at 6:00 p.m. through Monday, June 3, 2024 at 7:00 a.m. due to data center maintenance.

 
 
  H.B. No. 1346
 
 
 
 
AN ACT
  relating to the consistent use of the term "game warden" throughout
  the Parks and Wildlife Code.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 43.406, Parks and Wildlife Code, is
  amended to read as follows:
         Sec. 43.406.  REFUSAL TO SHOW STAMP. A person fishing in
  saltwater for sporting purposes who refuses on demand of any game
  warden [management officer] or peace officer to show a saltwater
  sportfishing stamp is presumed to be in violation of Section 43.402
  [of this code].
         SECTION 2.  Sections 43.525(a) and (b), Parks and Wildlife
  Code, are amended to read as follows:
         (a)  Except as provided by Subsection (b) [of this section],
  a person commits an offense if the person is using land under the
  department's control and fails or refuses to show a conservation
  permit issued to the person on the demand of a game warden
  [management officer], peace officer, or department employee.
         (b)  It is not an offense under Subsection (a) [of this
  section] if a person who is using land under the department's
  control fails to show a conservation permit on the demand of a game
  warden [management officer], peace officer, or department
  employee, and that person:
               (1)  entered land under the department's control as an
  occupant of a privately owned, noncommercial vehicle in which at
  least one other occupant possesses and is able to show a
  conservation permit issued to that other occupant; or
               (2)  is a member of a group of individuals that the
  department has exempted from the requirement for a conservation
  permit.
         SECTION 3.  Section 43.807, Parks and Wildlife Code, is
  amended to read as follows:
         Sec. 43.807.  REFUSAL TO SHOW STAMP. A person fishing in
  fresh water for sporting purposes who refuses on demand of any game
  warden [management officer] or peace officer to show a freshwater
  fishing stamp or proof that the person is exempt under Section
  43.802(b) or a rule adopted under that section is presumed to be in
  violation of Section 43.802.
         SECTION 4.  Section 76.005(b), Parks and Wildlife Code, is
  amended to read as follows:
         (b)  The failure of an owner of riparian rights described in
  Section 76.004(a) [of this code] to have an affidavit when required
  by the department or to show it to a game warden [management
  officer] on request or to the person to whom the oysters are offered
  for sale when required by the department is prima facie evidence
  that the oysters were produced from public beds.
         SECTION 5.  Section 76.117, Parks and Wildlife Code, is
  amended to read as follows:
         Sec. 76.117.  OBEDIENCE TO ORDERS. No person may fail or
  refuse to obey a lawful order of a commissioned game warden
  [management officer] of the department issued under the authority
  of this chapter.
         SECTION 6.  Section 202.031(b), Parks and Wildlife Code, is
  amended to read as follows:
         (b)  This section does not apply to peace officers, game
  wardens [management officers], or representatives of the Parks and
  Wildlife Commission in the discharge of their official duties, nor
  does it prevent a person from hunting with a shotgun during an open
  season or when it is lawful to hunt in or upon Caddo Lake in Harrison
  County.
         SECTION 7.  Section 283.022(b), Parks and Wildlife Code, is
  amended to read as follows:
         (b)  This section does not apply to a peace officer or game
  warden [management officer] of this state or to a regular employee
  of the Panola County Fresh Water Supply District Number 1.
         SECTION 8.  This Act takes effect immediately if it receives
  a vote of two-thirds of all the members elected to each house, as
  provided by Section 39, Article III, Texas Constitution.  If this
  Act does not receive the vote necessary for immediate effect, this
  Act takes effect September 1, 2011.
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
 
         I certify that H.B. No. 1346 was passed by the House on April
  14, 2011, by the following vote:  Yeas 141, Nays 1, 1 present, not
  voting.
 
  ______________________________
  Chief Clerk of the House   
 
 
         I certify that H.B. No. 1346 was passed by the Senate on May
  6, 2011, by the following vote:  Yeas 30, Nays 1.
 
  ______________________________
  Secretary of the Senate    
  APPROVED:  _____________________
                     Date          
   
            _____________________
                   Governor