Texas Right to Hunt, Fish and Harvest Amendment, Proposition 6 (2015)

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Proposition 6
Flag of Texas.png
TypeAmendment
OriginTexas Legislature
TopicHunting and fishing
StatusApproved Approveda
Texas 2015 ballot
Proposition 1 - Taxes
Proposition 2 - Taxes
Proposition 3 - Residency
Proposition 4 - Gambling
Proposition 5 - Roads
Proposition 6 - Hunting
Proposition 7 - Taxes
All 2015 U.S. measures
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The Texas Right to Hunt, Fish and Harvest Amendment, Proposition 6 was on the November 3, 2015 ballot in Texas as a legislatively referred constitutional amendment, where it was approved.[1]

Voting yes would have added text to the state constitution preserving the right to hunt and fish, and recognized such activities as the preferred methods for wildlife management.
Voting no would have left the state constitution unchanged. No text would have been added.

Election results

Texas Proposition 6
ResultVotesPercentage
Approveda Yes 1260763 81.04%
No29497318.96%

Text of measure

Ballot title

The official ballot title was:[1]

The constitutional amendment recognizing the right of the people to hunt, fish, and harvest wildlife subject to laws that promote wildlife conservation.[2]

Constitutional changes

See also: Article 1, Texas Constitution

The amendment added a Section 34 to Article 1 of the Texas Constitution.[1] The following text was added:

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]


Background

See also: Right to hunt and fish movement

As of 2015, eighteen states have constitutional amendments providing for the right to hunt and fish. Vermont was the first state to constitutionalize such a right in 1777. The other sixteen states have all adopted right to hunt and fish amendments since 1996. The following is a list of states with constitutional amendments establishing the right to hunt and fish:[3]

California and Rhode Island have constitutional amendments guaranteeing the right to fish, but not to hunt. Florida and New Hampshire have statutes proclaiming a right to hunt and fish, but not constitutional amendments.[4]

TexasMontanaNebraskaNorth DakotaWyomingIdahoCaliforniaWisconsinLouisianaIndianaOklahomaMinnesotaAlabamaSouth CarolinaVirginiaRhode IslandRhode IslandVermontVermontArkansasMississippiGeorgiaTennesseeKentuckyConstitutional Right to Hunt and Fish Map.png


Support

Supporters

Officials

Sen. Brandon Creighton authored the amendment.

The following state legislators sponsored the measure:[5]

Organizations

  • National Rifle Association[6]
  • Texas State Rifle Association
  • Texas Outdoor Partners
  • Texas and Southwestern Cattle Raisers Association
  • Texas Farm Bureau
  • Dallas Safari Club
  • Coastal Conservation Association[7]
  • Wildlife Habitat Federation
  • National Wild Turkey Federation
  • Saltwater-Fisheries Enhancement Association
  • Ducks Unlimited

Arguments in favor

State Sen. Brandon Creighton, who introduced the legislation, said:[8]

With recent lawsuits across the country successfully denying citizens certain hunting rights, our Texas heritage is threatened and needs protection. Our state has an obligation to take a strong stand on this issue.[2]


Rep. Trent Ashby

State Rep. Trent Ashby said:[9]

I’m excited to work alongside my friend, Senator Creighton, to introduce this common-sense legislation. Hunting and fishing are not only engrained in our state’s culture, but natural methods to manage and conserve our wildlife. Texas has an obligation to take a strong stand on this issue.[2]


The National Rifle Association

Chris W. Cox, executive director of the National Rifle Association’s Institute for Legislative Action, argued:[10]

Adoption of the Right to Hunt and Fish amendment will safeguard the hunters and anglers of Texas from extreme animal rights groups dedicated to abolishing America’s outdoor tradition. This important constitutional safeguard will protect wildlife and promote conservation.[2]


Alice Tripp, legislative director for the Texas State Rifle Association, said:[9]

The goal is to create meaningful language and to join 18 other states which have passed similar constitutional protections and guarantee that public hunting and fishing remain the preferred means for wildlife management in Texas and include the use of traditional methods currently in place.[2]


The Agriculture, Water and Rural Affairs Committee of the Texas State Senate elaborated on why the committee agreed the amendment is needed:[11]

Hunting and fishing are activities that have been inherently passed down from generation to generation and engrained in our state's heritage. But, in this day and age, with recent lawsuits and certain efforts with the Clean Air Act and the Clean Water Act, our heritage is threatened and needs protection.[2]


The House Culture, Recreation, & Tourism Committee offered a similar opinion:[12]

Interested parties note that Texas has a rich and vibrant hunting tradition that has existed for generations. According to some sources, various groups around the country have worked to limit or eliminate hunting in some states, and in response a number of states have adopted some form of constitutional protection for hunting and fishing. S.J.R. 22 seeks to address this issue for Texas.[2]
Gov. Abbott


Gov. Greg Abbott said:[13]

Proposition 6 protects your rights as a Texan to hunt and fish. Texans have long lived off the bounty of the land. Hunting and fishing are family traditions, and we know how to conserve our natural resources for future generations.[2]


Ben Carter, executive director of the Dallas Safari Club, also highlighted perceived threats to hunting and fishing, and he added a brief overview of the economic and state revenue benefits of hunting and fishing in Texas. He contended:[14]

Hunting and fishing are more than just traditional lifestyles or weekend hobbies in Texas. They’re an economic force. Consider these statistics:

▪ 2.7 million people hunt or fish in Texas, more than the population of Houston (2.1 million).

▪ $4.1 billion is spent annually on hunting and fishing in Texas, a business nearly twice the size of our state’s second-largest agricultural commodity, cotton ($2.3 billion).

▪ 65,000 Texas jobs are supported by hunting and fishing, more than Dell, the University of Texas-Austin and MD Anderson Cancer Center combined (59,000 jobs).

▪ $415 million in state and local tax revenue is generated from hunting and fishing in Texas, enough to support the average salaries of 8,100 police officers.[2]


Rebecca Louviere, hunting policy liaison for the NRA, wrote in a column for the Waco Tribune-Herald:[15]

Never mind the $4.1 billion hunters and anglers spend every year in the Lone Star State. Never mind the 65,993 families who depend on the outdoor industry to pay their rent, feed their families and heat their homes. And never mind the outdoors. After all, if it wasn’t for the nearly $55 million hunters, anglers and target shooters contributed to conservation projects in Texas in 2014, then there wouldn’t be much of the outdoors left.

We hunt for conservation. We hunt for food, for tradition and for fellowship. And that’s what Proposition 6 is really about — preservation of our treasured outdoor lifestyle.[2]

Opposition

Arguments against

Rep. Roland Gutierrez

Rep. Roland Gutierrez (D-119) said that while he enjoys hunting and fishing, he disagrees with adding the amendment to the state's constitution. He contended:[16]

At the end of the day, what we put in our constitution is important and our constitution isn't a toy. It's not an item or a document to be taken lightly and if we are asking to put things in our constitution that say this constitutional right to fish and hunt, how about our constitutional right to watch Sunday night football or our constitutional right to love the San Antonio Spurs?... When we do these things to our constitution and make voters go out and vote for these things, it demeans the document and it demeans us."[2]


Lisa Lange, senior vice president of People for the Ethical Treatment of Animals (PETA), criticized the amendment, calling hunting a "bloody pastime." She stated:[10]

An amendment to 'protect' the right to hunt and fish is bizarre and frivolous — it would clutter up the most important charter of government and open the door to a flood of other amendments whose sole purpose is to make political statements for special-interest groups.[2]

Media editorials

Support

The Amarillo Globe-News editorial board wrote:[17]

While it is highly unlikely any group or organization would attempt, much less be successful, at outlawing hunting or fishing in Texas, would it be surprising if a group or lawmaker attempted to restrict the hunting of certain animals? Would it be a surprise if a group or lawmaker tried other political maneuvers that inhibit hunting or fishing? It wouldn’t be a shock to us. The amendment has no impact on the authority of Texas Parks and Wildlife Department, nor does it change hunting/fishing license fees. The amendment is proactive, guaranteeing Texans the right to hunt and fish, and it is supported by Texas State Rifle Association. Constitutional amendments in Texas are usually approved overwhelmingly by voters. Proposition 6 needs to continue that trend.[2]


The Dallas Morning News recommended voting for the amendment, arguing:[18]

A constitutional amendment affirming the right to hunt and fish in Texas is akin to securing your pants with duct tape, even though belt and suspenders were doing the job just fine.

Proposition 6 guarantees protections already in place under the Texas Parks and Wildlife Department. While largely unnecessary, it also would be a benign addition that we can recommend. The only potential harm is more verbiage in our already cluttered Constitution.

This amendment is carefully written to not impinge on laws related to trespass, eminent domain or property rights. Nor does it change regulations or licensing practices that govern hunting and fishing.[2]


The Star-Telegram editorial board said:[19]

On the whole, Proposition 6 is probably harmless. It’s a feel-good proposal for people who love hunting and fishing, which is a pretty big group in Texas. The Star-Telegram Editorial Board recommends voting for Proposition 6.[2]


On Ammoland.com, a website for shooting sports news, the website urged support for Proposition 6:[20]

In today’s Texas, hunting and fishing is the preferred method for managing game populations but as Texas grows in population and as land develops, other so called “more humane” methods such as pharmaceuticals could replace our hunting and fishing traditions. The time and opportunity to add this layer of protection is now![2]

Oppose

The Houston Chronicle recommended a vote against the amendment, arguing:[21]

This amendment "recognizing the right of the people to hunt, fish and harvest wildlife subject to laws that promote wildlife conservation" is the most ridiculous on the ballot. Its supporters claim that the people's right to hunt and fish is under attack by rabid conservationists filing lawsuits and that constitutional protections are needed. The amendment is essentially a paean to the "black helicopter" crowd that's eager to harry and harass legitimate conservation efforts in Texas. It's unnecessary.

We recommend a NO vote on Proposition 6.[2]

Path to the ballot

See also: Amending the Texas Constitution

The amendment was filed by Rep. Brandon Creighton (R-4) as Senate Joint Resolution 22 on January 9, 2015.[22]

A two-thirds vote in both chambers of the Texas State Legislature was required to refer this amendment to the ballot. Texas is one of sixteen states that require a two-thirds supermajority. The Texas Senate approved the amendment on April 1, 2015.[23] Three senators voted against the amendment, while the remaining 27 voted to approve it. On May 20, 2015, the Texas House of Representatives approved the measure, with 111 representatives voting "yea" and one voting "nay." Twenty-five representatives were present, but did not vote. The amendment was enrolled the following day, May 21.[22]

Senate vote

April 1, 2015, Senate vote

Texas SJR 22 Senate Vote
ResultVotesPercentage
Approveda Yes 27 90.00%
No310.00%

House vote

May 20, 2015, House vote

Texas SJR 22 House Vote
ResultVotesPercentage
Approveda Yes 111 99.11%
No100.89%

"No" votes

Between the Texas Senate and Texas House of Representatives, a total of four legislators voted against referring the amendment to the ballot. These legislators were:[22]

State profile

Texas' population in 2014 was 26,956,958.

Texas' population in 2014 was 26,956,958 according to the United States Census Bureau. This estimate represented a 7.2 percent increase from the bureau's 2010 estimate. The state's population per square mile was 96.3 in 2010, exceeding the national average of 87.4.

Texas experienced a 4 percent increase in total employment from 2011 to 2012, exceeding the 2.2 percent increase at the national level during the same period.[24]

Demographics

Texas fell below the national average for residents who attained at least bachelor's degrees, according to data from 2009 to 2013. The United States Census Bureau found that 26.7 percent of Texas residents aged 25 years and older attained bachelor's degrees , compared to 28.8 percent at the national level.

The median household income in Texas was $51,900 between 2009 and 2013 , compared to a $53,046 national median income. Census information showed a 17.5 percent poverty rate in Texas during the study period , compared to a 14.5 percent national poverty rate.[24] To expand the boxes below, click [show] on the right side of each box.

Note: Each column will add up to 100 percent after removing the "Hispanic or Latino" percentage, although rounding by the Census Bureau may make the total one- or two-tenths off. Read more about race and ethnicity in the Census here.[27]

See also

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External links

References

  1. 1.0 1.1 1.2 Texas Legislature, "SJR No. 22," accessed January 22, 2015
  2. 2.00 2.01 2.02 2.03 2.04 2.05 2.06 2.07 2.08 2.09 2.10 2.11 2.12 2.13 2.14 2.15 2.16 2.17 Note: This text is quoted verbatim from the original source. Any inconsistencies are attributed to the original source.
  3. National Conference of State Legislatures, "State Constitutional Right to Hunt and Fish," March 26, 2015
  4. National Shooting Sports Foundation, "State “Right to Hunt and Fish” Protections," accessed May 20, 2015
  5. Texas Legislature, "SJR No. 22 Authors," accessed April 20, 2015
  6. Texas Legislature, "SJR No. 22 Witnesses," accessed May 20, 2015
  7. Chron, "Right to bear arms, fishing poles to be determined at polls," October 17, 2015
  8. The Dallas Morning News, "Senate passes constitutional amendment to protect hunting, fishing rights," April 1, 2015
  9. 9.0 9.1 Breitbart, "Texas Legislators Looking to Protect the 'Right to Hunt and Fish'," January 22, 2015
  10. 10.0 10.1 San Antonio Current, "PETA Says The NRA Backed Plan To Vote On Texas' Right To Hunt Is Bizarre," May 21, 2015
  11. Texas Legislature, "SJR No. 22 Senate Agriculture, Water and Rural Affairs Committee Analysis," accessed May 27, 2015
  12. Texas Legislature, "SJR No. 22 House Culture, Recreation, & Tourism Committee Analysis," accessed May 27, 2015
  13. MyStatesman.com, "Abbott: Vote to save your time and money," October 19, 2015
  14. Fort Worth Star‑Telegram, "Constitutional right to hunt, fish and spend," March 26, 2015
  15. Waco Tribune-Herald, "Rebecca Louviere, guest columnist: Vote Texas Proposition 6 on Tuesday and stop anti-hunting movement," October 31, 2015
  16. Houston Chronicle, "Should Texas constitution include a right to hunt and fish?" May 20, 2015
  17. Amarillo Glove-News, "Editorial: Protect hunting, fishing in Texas," September 1, 2015
  18. The Dallas Morning News, "Editorial: Why outdoor enthusiasts should vote yes on benign Proposition 6," October 8, 2015
  19. Star-Telegram, "Proposal makes hunting and fishing a right," October 15, 2015
  20. Ammoland.com, "Vote Yes on Texas Prop 6 : Constitutional Right to Hunt & Fish," October 5, 2015
  21. Chron, "Texas propositions," October 14, 2015
  22. 22.0 22.1 22.2 Texas Legislature, "SJR No. 22 History," accessed January 22, 2014
  23. The Dallas Morning News, "Senate passes constitutional measure to protect hunting, fishing rights," April 1, 2015
  24. 24.0 24.1 24.2 United States Census Bureau, "QuickFacts Beta," accessed March 24, 2015
  25. Texas Secretary of State, "Election Results," accessed April 14, 2015
  26. The American Presidency Project, "Presidential Elections Data," accessed March 24, 2015
  27. United States Census Bureau, "Frequently Asked Questions," accessed April 21, 2014


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