Proposed Bill to Allow Bowfishing in Certain TX Counties Where It Is Currently Banned

[Hot4huntin]

Currently, the following law makes it illegal to bowfish on navigable rivers or streams in Dimmit, Edwards, Frio, Kenedy, Llano, Maverick, Real, Uvalde or Zavala Counties.

§ 284.001. DISCHARGE OF FIREARM PROHIBITED. (a) In this
section:

(1) "Firearm" has the meaning assigned by Section
62.014.

(2) "Navigable river or stream" has the meaning
assigned by Section 90.001.

(b) This section applies only to a navigable river or stream
located wholly or partly in Dimmit, Edwards, Frio, Kenedy, Llano,
Maverick, Real, Uvalde, or Zavala County.

(c) Except as provided by Subsection (d), a person may not
discharge a firearm or shoot an arrow from any kind of bow if:

(1) the person is located in or on the bed or bank of a
navigable river or stream at the time the firearm is discharged or
the arrow is shot from the bow; or

(2) any portion of the ammunition discharged or arrow
shot could physically contact the bed or bank of a navigable river
or stream.

(d) This section does not apply to:

(1) an individual acting in the scope of the
individual's duties as a peace officer or department employee; or

(2) the discharge of a shotgun loaded with ammunition
that releases only shot when discharged.

(e) This section does not limit the ability of a license
holder to carry a concealed handgun under the authority of
Subchapter H, Chapter 411, Government Code.

Added by Acts 2005, 79th Leg., ch. 272, § 1, eff. Sept. 1, 2005.

Representative King from Zavala County has proposed a House Bill which would make bowfishing legal on navigable rivers and streams in those counties.

82R5586 SLB-D

By: King of Zavala H.B. No. 3808



A BILL TO BE ENTITLED

AN ACT

relating to fishing with certain archery equipment in certain
counties.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Sections 284.001(a) and (d), Parks and Wildlife
Code, are amended to read as follows:

(a) In this section:

(1) "Bowfishing" means fishing by discharging a barbed
fishing arrow from a bow equipped with a reel.

(2) "Firearm" has the meaning assigned by Section
62.014.

(3) [(2)] "Navigable river or stream" has the meaning
assigned by Section 90.001.

(d) This section does not apply to:

(1) an individual acting in the scope of the
individual's duties as a peace officer or department employee; [or]

(2) the discharge of a shotgun loaded with ammunition
that releases only shot when discharged; or

(3) an individual engaging in bowfishing, if the
individual has acquired a fishing license and freshwater fishing
stamp as required by this code.

SECTION 2. 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.

In addition, there are several other counties were it is currently illegal to bowfish in certain navigable rivers and streams. These counties include LaSalle County (P&W Code §82.712), McMullen County (P&W Code §82.722), Bee County (P&W Code §82.732), Live Oak County (P&W Code §82.762). The rivers include, but may not be limited to, the Frio, Nueces, Aransas, Poesta, and Atascosa. The proposed bill could be amended to include these counties also.

Please write your representative and a voice your opinion!

Find your Representative HERE!

[BOBSTER]

Thanks for posting this up. It might not affect you now, but at some time, something like this just very well could. When the original law was written, it was not intended to keep people from bowfishing. It was to keep people from hunting these areas. They did not take into consideration that it prohibited bowfishing also at the time. If your Rep. is listed in any of the other counties (LaSalle, McMullen, Bee, or Live Oak) you need to contact them and ask them to include them into the bill.

[Ronny]

I hope they make that change. I'm all for more bowfishing water.

[Hot4huntin]

There is a public hearing today on this Bill in the Culture, Recreation and Tourism Committee.