Presenters: David Sinclair
Clayton Wolf

Commission Agenda Item No. 2
Action
Regulations Required or Made Necessary by Legislation
Crossbow and Laser Sighting Device Regulations
Implementation of House Bill 968 and House Bill 1805
(81st Texas Legislature, 2009)
July 22, 2009

I. Executive Summary: This item seeks adoption of a proposed amendment to the rule governing lawful means used for hunting. The proposed amendment would implement legislative changes that:

II. Discussion: Under Government Code, §2001.006(b), an agency may adopt a rule in preparation for the implementation of legislation that has become law but has not taken effect. With the passage of House Bill 968 and House Bill 1805 by the 81st Texas Legislature, Regular Session, it is necessary for the department to promulgate rules to implement the provisions of the bills.

Under current statute, crossbows cannot be used during an archery-only season except by persons with an upper-limb disability. House Bill 968 allows the Commission to designate crossbows as legal means during the archery-only season in all counties except those in which firearms are not lawful means (Grayson County). The proposed amendment allows any person, regardless of physical ability, to use a crossbow during the archery-only season, provided the person has acquired an archery stamp, except in counties where the lawful means do not allow the use of firearms (Grayson County).

House Bill 1805 provides for the use of laser sighting devices by persons with a physical disability (defined as "a documented permanent physical disability that renders the person incapable of using a traditional firearm sighting device") to hunt game animals and game birds during lawful hunting hours in open seasons, provided the person possesses a physician's or optometrist's statement certifying the extent of the disability, and is assisted by a person who does not have a physical disability, has a hunting license, and is at least 13 years of age. The proposed amendment would alter the current rule to incorporate the provisions of H.B. 1805.

The propose rule was published for public comment in the June 19, 2009, issue of the Texas Register (34 TexReg 4078). Staff will provide a summary of public comment at the meeting.

III. Recommendation: Staff recommends the Texas Parks and Wildlife Commission adopt the following motion:

"The Texas Parks and Wildlife Commission adopts an amendment to §65.11, concerning Lawful Means, with changes as necessary to the proposed text as published in the June 19, 2009, issue of the Texas Register (34 TexReg 4078)."

Attachment - 1

  1. Exhibit A - Proposed Rule

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