Petition updateRepeal Ordinance 422825 Comal County Bow Hunting BanTexas Proposition 6 - Right to Hunt
Outdoorsmen
1 May 2017
In reviewing this issue with an attorney he noted that the recent pasage of Proposition 6 would negate this county ordinance 422825 and the Texas Local Government Code Sec. 235.042. AUTHORITY TO REGULATE. (a) To promote the public safety, the commissioners court of a county by order may prohibit or otherwise regulate hunting with bows and arrows on lots that are 10 acres or smaller and are located in the unincorporated area of the county in a subdivision. (b) In this section, "hunting" means to hunt as defined by Section 1.101, Parks and Wildlife Code. As Proposition 6 reads: Sec. 34. (a) The people have the right to hunt, fish, and harvest wildlife, including by the use of traditional methods, subject to laws or regulations to conserve and manage wildlife and preserve the future of hunting and fishing. (b) Hunting and fishing are preferred methods of managing and controlling wildlife. (c) This section does not affect any provision of law relating to trespass, property rights, or eminent domain. (d) This section does not affect the power of the legislature to authorize a municipality to regulate the discharge of a weapon in a populated area in the interest of public safety.[2] They Key is "Municipality" and "hunt" - A county is NOT a municipality and no one can now violate my right to "hunt" if provided so legally by the state. The county is a function of the state and NOT a municipality. Therefore by black and white legislative rules when there is a conflict between two statutes the most recent prevails. So what do you/we need to do? Call Senator Campbell (512) 463-0125, Representative Beidermann (512) 463-0325, or your local state Senator or Representative and as them to request and Attorney General Opinion on this matter - he will only go by the black and white letter and when he issues his opinion that the bow hunting ban is unlawful then the counties that have enacted it will remove it and the state will remove it from the local government code.
Copy link
WhatsApp
Facebook
Nextdoor
Email
X