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 contact your representative and a voice your opinion!

Find your Representative HERE!

[twistedmidnite]

good!, if you guys havent already you need to check out the TBA...

http://www.texasbowfishingassociation.com/

[Txnrog]

I'm mixed on this one. There's really not much navigable water in those counties that doesn't have you tooling thru a high dollar hunting ranch with a bow on your boat. Or tooling thru a bunch of tubers.

[All Lit Up]

I'm mixed on this one. There's really not much navigable water in those counties that doesn't have you tooling thru a high dollar hunting ranch with a bow on your boat. Or tooling thru a bunch of tubers.

Nothing really to mixed about. The private use of the private property that joins public property should not be used as a factor determining public use of the public property. The current law is about as rediculous as prohibiting the use of a blood tracking dog in certain east Texas counties as a means of keeping people from running deer with dogs.
Getting back off my soap box now. It just steams me up to see one sportsman look at another and say, "Yours is not a legitamite pursuit and inherantly less valuable than mine"
I say there is room for all forms of recreation in the public land and water of this state whether it is some granola headed hiker in the national forest, or one of those annoying jet ski or power boat users making noise and stirring up mud in some pristine fishing hole. That is after all the only down side to PUBLIC property it that you have to share it with the WHOLE public, not just the ones who feel exactly the same as you. If you do not want to deal with the public, either build a GOOD fence, or do not get property that joins public property.

It is definitely time for this law to be fixed. There is a LOT of great fishing on the Nueces that is not legal due to this law that should never have been enacted in the firsty place.
OK, getting off the soap box for real this time.