H.B. No. 578
1-1 AN ACT
1-2 relating to requirements and conditions for, and exemptions from,
1-3 certain hunting or fishing licenses or stamps.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 42.001(1), Parks and Wildlife Code, is
1-6 amended to read as follows:
1-7 (1) "Resident" means:
1-8 (A) an individual who has resided continuously
1-9 in this state for more than six months immediately before applying
1-10 for a hunting license;
1-11 (B) a member of the United States armed forces
1-12 on active duty;
1-13 (C) a dependent of a member of the United States
1-14 armed forces on active duty; or
1-15 (D) a member of any other category of
1-16 individuals that the commission by regulation designates as
1-17 residents.
1-18 SECTION 2. Section 42.012(b), Parks and Wildlife Code, is
1-19 amended to read as follows:
1-20 (b) The commission may set <establish> a lower fee or waive
1-21 the fee or license requirement for a resident who is under 17 years
1-22 old, 65 years old or older, participating in an event that is
1-23 sponsored or co-sponsored by the Texas Parks and Wildlife
1-24 Department with the approval of the executive director, or a
2-1 qualified disabled veteran.
2-2 SECTION 3. Section 42.0142(b), Parks and Wildlife Code, is
2-3 amended to read as follows:
2-4 (b) The fee for a nonresident banded bird hunting license is
2-5 an amount set by the commission <in an amount not to exceed $10>.
2-6 Seventy-five cents of the fee may be retained by an authorized
2-7 agent, other than a department employee, issuing the license as his
2-8 collection fee. <A nonresident banded bird hunting license may be
2-9 sold by the department or private bird hunting area licensee
2-10 subject to the same rules that apply to any other license deputy.>
2-11 SECTION 4. Section 42.017(b), Parks and Wildlife Code, is
2-12 amended to read as follows:
2-13 (b) The application for a duplicate license or tags is in
2-14 the form of an affidavit and must contain a statement of fact
2-15 concerning the loss or destruction of the license or tags and a
2-16 statement of the number of birds or animals, if any, killed under
2-17 the authority of the lost or destroyed license or tags. The
2-18 commission by regulation may prescribe additional requirements for
2-19 the issuance of a duplicate license or tag under this section.
2-20 SECTION 5. Section 42.0175, Parks and Wildlife Code, is
2-21 amended to read as follows:
2-22 Sec. 42.0175. EXPIRATION DATE. (a) A <resident hunting>
2-23 license issued under this chapter, other than a lifetime<, a>
2-24 resident hunting <exemption> license or<, and> a nonresident
2-25 five-day special hunting license is <are> valid only during the
2-26 yearly period for which the license is <licenses are> issued
2-27 without regard to the date on which a license is acquired. Each
3-1 yearly period begins on September 1 of a year and extends through
3-2 August 31 of the next year.
3-3 (b) A license issued under Section 42.012(b) of this code to
3-4 a person who is 16 years of age at the time the license is issued,
3-5 but reaches the age of 17 during the term of the license, is valid
3-6 for the entire term of the license.
3-7 SECTION 6. Section 43.011, Parks and Wildlife Code, is
3-8 amended to read as follows:
3-9 Sec. 43.011. WHITE-WINGED DOVE STAMP REQUIRED. (a) Except
3-10 as provided by Subsection (b) of this section, no <No> person may
3-11 hunt white-winged dove in this state unless the person <he> has in
3-12 the person's <his> possession a white-winged dove stamp issued to
3-13 the person <him> by the department.
3-14 (b) The commission by regulation may exempt a person from
3-15 the stamp requirement of this section.
3-16 SECTION 7. Section 43.012(b), Parks and Wildlife Code, is
3-17 amended to read as follows:
3-18 (b) The stamp shall be issued in the form and manner
3-19 prescribed by the department and must be signed on its face by the
3-20 person using the stamp for the stamp to be valid for hunting
3-21 purposes.
3-22 SECTION 8. Section 43.015, Parks and Wildlife Code, is
3-23 amended to read as follows:
3-24 Sec. 43.015. REFUSAL TO SHOW STAMP OR PROOF OF EXEMPTION
3-25 ELIGIBILITY. A person hunting white-winged dove who refuses on
3-26 demand of any game warden <management officer> or peace officer to
3-27 show a white-winged dove stamp or proof that the person is eligible
4-1 for any exemptions provided by Section 43.011(b) is presumed to be
4-2 in violation of Section 43.011 of this code.
4-3 SECTION 9. Section 43.201, Parks and Wildlife Code, is
4-4 amended to read as follows:
4-5 Sec. 43.201. ARCHERY STAMP REQUIRED. (a) Except as
4-6 provided by Subsection (c) of this section, no <No> person may hunt
4-7 wild deer, bear, turkey, or javelina (collared peccary) during an
4-8 open archery season provided by law or by the proclamations of the
4-9 commission and during which season only longbows and arrows may be
4-10 used unless the person has first acquired from the department <or
4-11 from an authorized agent of the department> an archery hunting
4-12 stamp.
4-13 (b) The stamp shall be issued in the form and manner
4-14 prescribed by the department and must be signed on its face by the
4-15 person using the stamp for the stamp to be valid for hunting
4-16 purposes.
4-17 (c) The commission by regulation may exempt a person from
4-18 the stamp requirement of this section.
4-19 SECTION 10. Section 43.205(b), Parks and Wildlife Code, is
4-20 amended to read as follows:
4-21 (b) A person hunting a species covered by this chapter
4-22 during an open archery season who fails or refuses on the demand of
4-23 any game warden or other peace officer to exhibit an archery
4-24 hunting stamp or proof that the person is eligible for any
4-25 exemptions provided by Section 43.201(c) is presumed to be in
4-26 violation of Section 43.201 of this code.
4-27 SECTION 11. Section 43.251, Parks and Wildlife Code, is
5-1 amended to read as follows:
5-2 Sec. 43.251. Turkey Stamp Required. (a) Except as provided
5-3 by Subsection (b) of this section, no <No> person may hunt turkeys
5-4 in this state unless the person has in the person's <his>
5-5 possession a turkey stamp issued to the person <him> by the
5-6 department.
5-7 (b) The commission by regulation may exempt a person from
5-8 the stamp requirement of this section.
5-9 SECTION 12. Section 43.252(a), Parks and Wildlife Code, is
5-10 amended to read as follows:
5-11 (a) The department <or its agent> may issue a turkey stamp
5-12 to any person on the payment to the department of $5 or an amount
5-13 set by the commission, whichever amount is more. The stamp must be
5-14 signed on its face by the person using the stamp <to whom it is
5-15 issued> for the stamp to be valid for hunting purposes.
5-16 SECTION 13. Section 43.255, Parks and Wildlife Code, is
5-17 amended to read as follows:
5-18 Sec. 43.255. Refusal to Show Stamp OR PROOF OF EXEMPTION
5-19 ELIGIBILITY. A person hunting turkeys who refuses or fails on
5-20 demand of any game warden <management officer> or peace officer to
5-21 show a valid turkey stamp or proof that the person is eligible for
5-22 any exemptions provided by Section 43.251(b) is presumed to be in
5-23 violation of Section 43.251 of this code.
5-24 SECTION 14. Section 43.302, Parks and Wildlife Code, is
5-25 amended to read as follows:
5-26 Sec. 43.302. Waterfowl Stamp Required. (a) Except as
5-27 provided by Subsection (b) of this section, no <No> person may hunt
6-1 waterfowl in this state unless the person has in the person's <his>
6-2 possession a waterfowl stamp issued to the person <him> by the
6-3 department.
6-4 (b) The commission by regulation may exempt a person from
6-5 the stamp requirement of this section.
6-6 SECTION 15. Section 43.307, Parks and Wildlife Code, is
6-7 amended to read as follows:
6-8 Sec. 43.307. Refusal to Show Stamp OR PROOF OF EXEMPTION
6-9 ELIGIBILITY. A person hunting waterfowl who refuses on demand of
6-10 any game warden <management officer> or peace officer to show a
6-11 waterfowl stamp or proof that the person is eligible for any
6-12 exemptions provided by Section 43.302(b) is presumed to be in
6-13 violation of Section 43.302 of this code.
6-14 SECTION 16. Section 43.402, Parks and Wildlife Code, is
6-15 amended by amending Subsection (a) and adding Subsection (c) to
6-16 read as follows:
6-17 (a) Except as provided by Subsection (b) or (c) of this
6-18 section, no person may engage in fishing in saltwater for sporting
6-19 purposes in this state unless the person has in the person's <his>
6-20 possession a saltwater sportfishing stamp issued to the person
6-21 <him> by the department.
6-22 (c) The commission by regulation may exempt a person from
6-23 the stamp requirement of this section.
6-24 SECTION 17. Section 43.403(a), Parks and Wildlife Code, is
6-25 amended to read as follows:
6-26 (a) The department or its agent may issue a saltwater
6-27 sportfishing stamp to any person on the payment to the department
7-1 of $5 or an amount set by the commission, whichever amount is more.
7-2 The stamp must be signed on its face by the person using the stamp
7-3 for the stamp to be valid for fishing purposes <to whom it is
7-4 issued>.
7-5 SECTION 18. Subchapter L, Chapter 43, Parks and Wildlife
7-6 Code, is amended by adding Section 43.4035 to read as follows:
7-7 Sec. 43.4035. EXPIRATION OF STAMP. (a) A saltwater
7-8 sportfishing stamp issued before September 1 that does not expire
7-9 until August 31 of the following year is valid from the date of
7-10 issuance through August 31 of the following year.
7-11 (b) A saltwater sportfishing stamp issued in conjunction
7-12 with a license issued under Section 46.005 or 46.0051 of this code
7-13 expires at the same time the license expires or on the expiration
7-14 date printed on the stamp, whichever is later.
7-15 SECTION 19. Section 43.502, Parks and Wildlife Code, is
7-16 amended by amending Subsection (a) and adding Subsection (c) to
7-17 read as follows:
7-18 (a) Except as provided by Subsection (b) or (c) of this
7-19 section, no <No> person may take or attempt to take any trout from
7-20 public waters without having in possession a freshwater trout stamp
7-21 issued by the department.
7-22 (c) The commission by regulation may exempt a person from
7-23 the stamp requirement of this section.
7-24 SECTION 20. Section 43.503(a), Parks and Wildlife Code, is
7-25 amended to read as follows:
7-26 (a) The department or its agent may issue a freshwater trout
7-27 stamp to any person on the payment to the department of $5 or an
8-1 amount set by the commission, whichever amount is more. The stamp
8-2 must be signed on its face by the person using the stamp <to whom
8-3 it is issued> for the stamp to be valid for fishing purposes.
8-4 SECTION 21. Section 46.0011(1), Parks and Wildlife Code, is
8-5 amended to read as follows:
8-6 (1) "Resident" means:
8-7 (A) an individual who has resided continuously
8-8 in this state for more than six months immediately before applying
8-9 for a fishing license required by this chapter;
8-10 (B) a member of the United States armed forces
8-11 on active duty;
8-12 (C) a dependent of a member of the United States
8-13 armed forces on active duty; or
8-14 (D) a member of any other category of
8-15 individuals that the commission by regulation designates as
8-16 residents.
8-17 SECTION 22. Section 46.002(a), Parks and Wildlife Code, is
8-18 amended to read as follows:
8-19 (a) A license issued under this chapter is not required of a
8-20 person:
8-21 (1) under 17 years old; <or>
8-22 (2) 65 years old or older if the person is a resident
8-23 or, if a nonresident, if the person's state of residence grants a
8-24 similar exemption to Texas residents; <or>
8-25 (3) <(2)> who is mentally disabled and who is engaging
8-26 in recreational fishing as part of medically approved therapy, and
8-27 who is fishing under the immediate supervision of personnel
9-1 approved or employed by a hospital, residence, or school for
9-2 mentally disabled persons; or
9-3 (4) who is participating in an event that is sponsored
9-4 or co-sponsored by the Texas Parks and Wildlife Department with the
9-5 approval of the Executive Director.
9-6 SECTION 23. Section 46.006(b), Parks and Wildlife Code, is
9-7 amended to read as follows:
9-8 (b) The application for a duplicate license must be an
9-9 affidavit containing:
9-10 (1) a statement of fact <the facts> concerning the
9-11 loss or destruction of the license; and
9-12 (2) any other information which the commission by
9-13 regulation may prescribe as necessary <the serial number of the
9-14 lost or destroyed license>.
9-15 SECTION 24. Section 46.007, Parks and Wildlife Code, is
9-16 amended to read as follows:
9-17 Sec. 46.007. Expiration of Licenses. (a) Except as
9-18 provided by Subsections (b), (c), and (d) of this section, a <A>
9-19 license required or authorized by this subchapter is valid only
9-20 during the yearly period for which it is issued without regard to
9-21 the date on which the license is acquired. Each yearly period
9-22 begins on September 1 of a year and extends through August 31 of
9-23 the next year.
9-24 (b) A license issued under Section 46.005 or 46.0051 of this
9-25 code is valid for the number of consecutive days authorized and
9-26 does not necessarily expire on August 31.
9-27 (c) A license issued under Section 46.004 of this code that
10-1 is issued before September 1 and does not expire until August 31 of
10-2 the following year is valid from the date of issuance through
10-3 August 31 of the following year.
10-4 (d) A lifetime resident fishing license is valid for the
10-5 lifetime of the license holder.
10-6 (e) A duplicate license is valid for the period of validity
10-7 of the original license only.
10-8 SECTION 25. Section 46.008, Parks and Wildlife Code, is
10-9 amended to read as follows:
10-10 Sec. 46.008. License Information. A license issued under
10-11 this subchapter must contain information determined by the
10-12 commission to be necessary.<:>
10-13 <(1) the year for which the license is issued (printed
10-14 across the face of the license);>
10-15 <(2) the name address, and residence of the licensee;>
10-16 <(3) an approximate weight, height, age, and color of
10-17 hair and eyes of the licensee for identification in the field; and>
10-18 <(4) the statement: "This license does not entitle
10-19 the holder to fish on the enclosed and posted lands of another
10-20 without the consent of the owner or his agent.">
10-21 SECTION 26. Section 46.106, Parks and Wildlife Code, is
10-22 amended to read as follows:
10-23 Sec. 46.106. Form of License. Licenses issued under this
10-24 subchapter shall be on the form prescribed by the department and
10-25 must contain<:>
10-26 <(1) the name and address of the licensee;>
10-27 <(2) a personal description of the licensee;>
11-1 <(3) date of issuance of the license; and>
11-2 <(4) other> information necessary for enforcement of
11-3 this subchapter as required by the department.
11-4 SECTION 27. Chapter 50, Parks and Wildlife Code, is amended
11-5 by adding Section 50.0021 to read as follows:
11-6 Sec. 50.0021. EXPIRATION OF LICENSES. (a) Except as
11-7 provided by Subsections (b) and (c) of this section, a license
11-8 required or authorized by this chapter is valid only during the
11-9 yearly period for which the license is issued without regard to the
11-10 date on which the license is acquired. Each yearly period begins
11-11 on September 1 of a year and extends through August 31 of the next
11-12 year.
11-13 (b) A license issued under the authority of this chapter
11-14 that is issued before September 1 and does not expire until August
11-15 31 of the following year is valid from the date of issuance through
11-16 August 31 of the following year.
11-17 (c) A lifetime resident combination hunting and fishing
11-18 license is valid for the lifetime of the license holder.
11-19 SECTION 28. Section 42.009 and Subchapter A, Chapter 43,
11-20 Parks and Wildlife Code, are repealed.
11-21 SECTION 29. This Act takes effect on September 1, 1993,
11-22 except that Sections 1, 2, 5, 18, 21, 22, 24, 27, and 28 take
11-23 effect on July 15, 1993. The commission is hereby authorized to
11-24 enact regulations authorized by this Act prior to September 1,
11-25 1993.
11-26 SECTION 30. The importance of this legislation and the
11-27 crowded condition of the calendars in both houses create an
12-1 emergency and an imperative public necessity that the
12-2 constitutional rule requiring bills to be read on three several
12-3 days in each house be suspended, and this rule is hereby suspended,
12-4 and that this Act take effect and be in force according to its
12-5 terms, and it is so enacted.