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.