Texas -

Crossbows, Laser Sighting Devices

As a result of recent legislation, the department is proposing an amendment to rules governing means and methods for hunting. The amendment would allow the use of crossbows by all persons during the archery-only season, with an exception related to one county, and allow the use of laser sighting devices by any person with a physical disability that renders the person incapable of using a traditional firearm sighting device, provided the person possesses a physician’s or optometrist’s statement certifying the extent of the disability.

         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 Parks and Wildlife Code, §43.201(a), no person may hunt deer, turkey, or javelina during an open archery season restricted to longbows, recurved bows, compound bows, or crossbows used by hunters with upper limb disabilities unless the person has acquired an archery hunting stamp. House Bill 968 removes the reference to upper-limb disabilities in connection with the use of crossbows, and makes this applicable in all counties except those in which firearms are not lawful means. The 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 (current rules prohibit the use of firearms to take deer in Grayson County) Because all deer-hunting opportunity in Grayson County is limited to archery equipment and crossbows only, the archery stamp requirement applies to the harvest of deer at all times.

         Under current §65.11, a person may hunt during an archery-open season only by means of "lawful archery equipment," which is defined by §65.3, concerning Definitions, as "longbow, compound bow or recurved bow." However, there is an exception for crossbow use by persons with an upper-limb disability. The proposed amendment would alter the definition of "lawful archery equipment" to include crossbows and eliminate the upper-limb disability requirement. This change, in concert with the provisions of H.B. 968, would provide for the use of crossbows by any person during the archery season in all counties except Grayson County, where use of crossbows at any time to take deer would be restricted to persons with an upper-limb disability. .

         Current §65.11 also allows a person who is legally blind to use a laser sighting device to hunt game animals and game birds during lawful hunting hours in open seasons, provided the person is assisted by a person who is not legally blind, has a hunting license; and is at least 13 years of age. 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.

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