Sec. 12.1104.  REMOVAL AND DISPOSAL OF ABANDONED FISHING DEVICE.  (a)  In this section, "abandoned fishing device" means an unattended fishing device located in the public water of this state that is placed in violation of a provision of this code or commission rule.
(b)  An abandoned fishing device is litter for purposes of Section 365.011, Health and Safety Code, and is subject to immediate removal and disposal.  Except as provided by Subsection (e), an abandoned fishing device must be disposed of in compliance with the Health and Safety Code.
(c)  The commission may adopt rules to govern the removal and disposal of abandoned fishing devices as necessary to enhance:
(1)  enforcement of this section;
(2)  the cleanliness of the beds and bottoms of the public water of this state;
(3)  boating safety; and
(4)  the conservation and management of aquatic resources.
(d)  A game warden or other peace officer is immune from liability and from suit for the removal or disposal of an abandoned fishing device under this section.
(e)  On request of an authorized representative of a unit of The University of Texas System, The Texas A&M University System, or the Texas State University System engaged in teaching and research related to marine science and oceanography, the department may transfer an abandoned fishing device removed under this section to the unit for use in the unit's teaching or research programs.
Added by Acts 2021, 87th Leg., R.S., Ch. 34 (S.B. 599), Sec. 1, eff. September 1, 2021.