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
