Bill Text: TX HB3559 | 2019-2020 | 86th Legislature | Introduced


Bill Title: Relating to prohibiting the use of certain substances to take nongame wildlife; creating a criminal offense.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2019-03-18 - Referred to Culture, Recreation & Tourism [HB3559 Detail]

Download: Texas-2019-HB3559-Introduced.html
  86R11397 AAF-F
 
  By: Farrar H.B. No. 3559
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to prohibiting the use of certain substances to take
  nongame wildlife; creating a criminal offense.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Chapter 67, Parks and Wildlife Code, is amended
  by adding Section 67.0042 to read as follows:
         Sec. 67.0042.  PROHIBITION AGAINST USE OF CERTAIN
  SUBSTANCES. (a) In this section, "stupefying, noxious, or toxic
  chemical or substance" includes:
               (1)  a substance classified by the United States
  Environmental Protection Agency as total petroleum hydrocarbons,
  such as gasoline, kerosene, mineral oil, benzene, toluene, xylene,
  or naphthalene;
               (2)  a non-hydrocarbon volatile organic compound, such
  as acetone, alcohol, ether, formaldehyde, carbon tetrachloride, or
  a chlorofluorocarbon;
               (3)  a caustic substance or blistering agent, such as
  an acid, alkali, phenol, chloride, or ammonia; and
               (4)  a pesticide, herbicide, fungicide, or detergent.
         (b)  Except as provided by Subsection (c), no person may:
               (1)  use a stupefying, noxious, or toxic chemical or
  substance to take, flush out, or dislodge nongame wildlife; or
               (2)  knowingly possess any nongame wildlife that has
  been taken by use of a stupefying, noxious, or toxic chemical or
  substance.
         (c)  Subsection (b) does not apply to the use of registered
  pesticides in accordance with labeling instructions by persons
  licensed under Chapter 1951, Occupations Code, or Chapter 76,
  Agriculture Code.
         SECTION 2.  Section 67.005, Parks and Wildlife Code, is
  amended to read as follows:
         Sec. 67.005.  PENALTY. (a) A person who violates Section
  67.0042 or a regulation of the commission issued under this chapter
  commits an offense that is a Class C Parks and Wildlife Code
  misdemeanor.
         (b)  A person who violates Section 67.0042 or a regulation of
  the commission issued under this chapter and who has been convicted
  on one previous occasion of a violation of Section 67.0042 or of a
  commission regulation under this chapter commits an offense that is
  a Class B Parks and Wildlife Code misdemeanor.
         (c)  A person who violates Section 67.0042 or a regulation of
  the commission issued under this chapter and who has been convicted
  on two or more previous occasions of a violation of Section 67.0042
  or of commission regulations under this chapter commits an offense
  that is a Class A Parks and Wildlife Code misdemeanor.
         SECTION 3.  The change in law made by this Act applies only
  to an offense committed on or after the effective date of this Act.  
  An offense committed before the effective date of this Act is
  governed by the law in effect on the date the offense was committed,
  and the former law is continued in effect for that purpose.  For
  purposes of this section, an offense was committed before the
  effective date of this Act if any element of the offense occurred
  before that date.
         SECTION 4.  This Act takes effect September 1, 2019.
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