Posted by:
jcraft75
at Mon Jun 27 15:35:30 2011 [ Report Abuse ] [ Email Message ] [ Show All Posts by jcraft75 ]
Those of you who are uncertain of the recent HB 1788 interpretation, or are planning a trip to West Texas, please see e-mail communication with Game Warden Captain Robert Newman (El Paso) ;
The legal folks say that the bill did not get the required votes in both houses and will not take effect until September 1. Even if it had, that means that the law goes into effect but the department still has to do certain things under the law before folks are able to hunt under this law (which they have not yet done and therefore you would still not be able to hunt immediately even if the law was in effect). This is not unusual for a hunting, fishing, and boating law. A new law normally goes into effect on Sept. 1 and the new provisions for that law are in place and they start then.
You will not be able to hunt under this bill until next year. The same rules we are under now are still in effect.
Please pass this along to others that may be interested, I know there are some out there saying that the law is in effect and they are going to hunt. If they are caught violating the law, they will probably be filed on criminally and possibly civilly then end up fighting it in court. Also, these violations would probably be used as statistics the next time the bill is challenged.
I hope this answered your questions, if not let me know.
Captain Robert Newman Texas Game Warden
-----Original Message----- From: John Craft Sent: Monday, June 27, 2011 1:09 PM To: Robert Newman Subject: Quick question
Captain Newman,
I have been a reptile enthusiast for several years. In 2007 a bill was passed that banned reptile collection from the roads and right of ways. This month, TX HB1788 passed, allowing the take of reptiles from the unpaved shoulders. The language of the bill states that it is to take effect immediately if it was passed in the legislature with a 2/3 majority, which it did. My question is how will this bill be interpreted and enforced in the counties you preside over? Please give consideration to the many reptile enthusiasts, like myself, who have been waiting for the day that we can resume our pursuit. Many of us have held the tradition of visiting West Texas for this sole purpose for several years. I am planning a trip to Alpine during the 4th of July weekend, and would like to know if I will be within my rights to collect reptiles from the ROW as outlined in the bill. I appreciate your consideration of this and look forward to your response.
Sincerely,
John Craft
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