1-1 By: Danburg (Senate Sponsor - Lucio) H.B. No. 578
1-2 (In the Senate - Received from the House March 11, 1993;
1-3 March 15, 1993, read first time and referred to Committee on
1-4 Natural Resources; May 11, 1993, reported adversely, with favorable
1-5 Committee Substitute by the following vote: Yeas 8, Nays 0;
1-6 May 11, 1993, sent to printer.)
1-7 COMMITTEE VOTE
1-8 Yea Nay PNV Absent
1-9 Sims x
1-10 Truan x
1-11 Armbrister x
1-12 Barrientos x
1-13 Bivins x
1-14 Brown x
1-15 Carriker x
1-16 Lucio x
1-17 Montford x
1-18 Ratliff x
1-19 Shelley x
1-20 COMMITTEE SUBSTITUTE FOR H.B. No. 578 By: Lucio
1-21 A BILL TO BE ENTITLED
1-22 AN ACT
1-23 relating to the exemption of certain persons from certain stamp
1-24 requirements and to the issuing of licenses, stamps, and permits by
1-25 the Texas Parks and Wildlife Department.
1-26 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-27 SECTION 1. Section 11.056(a), Parks and Wildlife Code is
1-28 amended to read as follows:
1-29 (a) The price of a wildlife art decal or stamp sold under
1-30 this subchapter is $5.00 or an amount set by the commission,
1-31 whichever amount is more.
1-32 SECTION 2. Chapter 12, Parks and Wildlife Code, is amended
1-33 by adding Subchapter H to read as follows:
1-34 SUBCHAPTER H. LICENSE DEPUTIES
1-35 Sec. 12.701. ISSUANCE OF LICENSES, STAMPS, PERMITS, AND TAGS
1-36 BY LICENSE DEPUTIES. The department may authorize the issuance of
1-37 licenses, stamps, permits, and tags by license deputies.
1-38 Sec. 12.702. LICENSE DEPUTIES: FEES. (a) An employee of
1-39 the department, a county clerk, or any other person designated by
1-40 the department to issue and collect money received for licenses,
1-41 stamps, permits, tags, and other similar items is a license deputy
1-42 and may issue and collect money for licenses, stamps, permits,
1-43 tags, and other similar items issued under the authority of this
1-44 code.
1-45 (b) An employee of the department may not retain a
1-46 collection or issuance fee.
1-47 Sec. 12.703. POINT-OF-SALE SYSTEM.
1-48 (a) The department is authorized to implement a
1-49 point-of-sale system in support of the issuance of licenses,
1-50 stamps, tags, permits, or any other similar items authorized by
1-51 this code.
1-52 (b) The department may designate an entity or entities to
1-53 install a point-of-sale system for the issuance of licenses,
1-54 stamps, permits, tags, and other similar items and the entity or
1-55 entities may collect revenue on behalf of the department from
1-56 license deputies.
1-57 (c) The commission by regulation may set the amounts of
1-58 compensation for a point-of-sale entity or entities. Such
1-59 compensation may include, but is not limited to, an amount retained
1-60 by the entity or entities from the fee collected for each item
1-61 issued.
1-62 Sec. 12.704. DUTIES OF LICENSE DEPUTIES. A license deputy
1-63 shall:
1-64 (a) complete and keep for the use of the department the
1-65 designated copies or other records of the sale of each license,
1-66 stamp, permit, and tag;
1-67 (b) keep a record of all licenses, stamps, permits, or tags
1-68 issued, showing the identification of each purchaser, the serial
2-1 number of the item sold, the date of its issuance, and any other
2-2 information required by the department; and
2-3 (c) perform any other function required by the license
2-4 deputy's agreement or contract with the department.
2-5 Sec. 12.705. LICENSE, STAMP, PERMIT, AND TAG SALES REPORTS.
2-6 (a) After the end of each calendar month or at any other time
2-7 designated by the department, a license deputy shall send to the
2-8 department a report on a form and in the manner prescribed by the
2-9 department.
2-10 (b) A license deputy shall furnish any other information or
2-11 material required by the license deputy's agreement or contract
2-12 with the department.
2-13 (c) The commission by regulation may establish reasonable
2-14 payment penalties for delinquent payments or reports from license
2-15 deputies.
2-16 Sec. 12.706. UNISSUED ITEMS. (a) A license deputy shall
2-17 return to the department unissued licenses, stamps, permits, tags
2-18 and any other materials or equipment furnished to the licensed
2-19 deputy by the department when requested by the department.
2-20 Sec. 12.707. ISSUANCE OR ACCEPTANCE OF LICENSES, STAMPS,
2-21 PERMITS, AND TAGS. No person may issue or accept a license, stamp,
2-22 permit, or tag required by this code except on a form provided by
2-23 the department.
2-24 SECTION 3. Section 42.001(1), Parks and Wildlife Code, is
2-25 amended to read as follows:
2-26 (1) "Resident" means:
2-27 (A) an individual who has resided continuously
2-28 in this state for more than six months immediately before applying
2-29 for a hunting license;
2-30 (B) a member of the United States armed forces
2-31 on active duty;
2-32 (C) a dependent of a member of the United States
2-33 armed forces on active duty; or
2-34 (D) a member of any other category of
2-35 individuals that the commission by regulation designates as
2-36 residents.
2-37 SECTION 4. Section 42.012(b), Parks and Wildlife Code, is
2-38 amended to read as follows:
2-39 (b) The commission may set <establish> a lower fee or waive
2-40 the fee or license requirement for a resident who is under 17 years
2-41 old, 65 years old or older, participating in an event that is
2-42 sponsored or co-sponsored by the Texas Parks and Wildlife
2-43 Department with the approval of the Executive Director, or a
2-44 qualified disabled veteran.
2-45 SECTION 5. Section 42.0142(b), Parks and Wildlife Code, is
2-46 amended to read as follows:
2-47 (b) The fee for a nonresident banded bird hunting license is
2-48 an amount set by the commission <in an amount not to exceed $10>.
2-49 Seventy-five cents of the fee may be retained by an authorized
2-50 agent, other than a department employee, issuing the license as his
2-51 collection fee. <A nonresident banded bird hunting license may be
2-52 sold by the department or private bird hunting area licensee
2-53 subject to the same rules that apply to any other license deputy>.
2-54 SECTION 6. Section 42.017(b), Parks and Wildlife Code, is
2-55 amended to read as follows:
2-56 (b) The application for a duplicate license or tags is in
2-57 the form of an affidavit and must contain a statement of fact
2-58 concerning the loss or destruction of the license or tags and a
2-59 statement of the number of birds or animals, if any, killed under
2-60 the authority of the lost or destroyed license or tags. The
2-61 commission by regulation may prescribe additional requirements for
2-62 the issuance of a duplicate license or tag under this section.
2-63 SECTION 7. Section 42.0175, Parks and Wildlife Code, is
2-64 amended to read as follows:
2-65 Sec. 42.0175. EXPIRATION DATE. (a) A <resident hunting>
2-66 license issued under this chapter, other than a lifetime<, a>
2-67 resident hunting <exemption> license or <, and> a nonresident
2-68 five-day special hunting license is <are> valid only during the
2-69 yearly period for which the license is <licenses are> issued
2-70 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 8. 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 9. 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 10. 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 or
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
3-28 for any exemptions provided by Section 43.011(b) is presumed to be
3-29 in violation of Section 43.011 of this code.
3-30 SECTION 11. Section 43.201, Parks and Wildlife Code, is
3-31 amended to read as follows:
3-32 Sec. 43.201. ARCHERY STAMP REQUIRED. (a) Except as
3-33 provided by Subsection (c) of this section, no <No> person may hunt
3-34 wild deer, bear, turkey, or javelina (collared peccary) during an
3-35 open archery season provided by law or by the proclamations of the
3-36 commission and during which season only longbows and arrows may be
3-37 used unless the person has first acquired from the department <or
3-38 from an authorized agent of the department> an archery hunting
3-39 stamp.
3-40 (b) The stamp shall be issued in the form and manner
3-41 prescribed by the department and must be signed on its face by the
3-42 person using the stamp for the stamp to be valid for hunting
3-43 purposes.
3-44 (c) The commission by regulation may exempt a person from
3-45 the stamp requirement of this section.
3-46 SECTION 12. Section 43.205(b), Parks and Wildlife Code, is
3-47 amended to read as follows:
3-48 (b) A person hunting a species covered by this chapter
3-49 during an open archery season who fails or refuses on the demand of
3-50 any game warden or other peace officer to exhibit an archery
3-51 hunting stamp or proof that the person is eligible for any
3-52 exemptions provided by Section 43.201(c) is presumed to be in
3-53 violation of Section 43.201 of this code.
3-54 SECTION 13. Section 43.251, Parks and Wildlife Code, is
3-55 amended to read as follows:
3-56 Sec. 43.251. Turkey Stamp Required. (a) Except as provided
3-57 by Subsection (b) of this section, no <No> person may hunt turkeys
3-58 in this state unless the person has in the person's <his>
3-59 possession a turkey stamp issued to the person <him> by the
3-60 department.
3-61 (b) The commission by regulation may exempt a person from
3-62 the stamp requirement of this section.
3-63 SECTION 14. Section 43.252(a), Parks and Wildlife Code, is
3-64 amended to read as follows:
3-65 (a) The department <or its agent> may issue a turkey stamp
3-66 to any person on the payment to the department of $5 or an amount
3-67 set by the commission, whichever amount is more. The stamp must be
3-68 signed on its face by the person using the stamp <to whom it is
3-69 issued> for the stamp to be valid for hunting purposes.
3-70 SECTION 15. Section 43.254 Parks and Wildlife Code, is
4-1 amended to read as follows:
4-2 Sec. 43.254. Disposition of Stamp Fees AND PRINT ROYALTIES.
4-3 (a) Fifty cents of the fee collected under this subchapter may be
4-4 retained by the agent of the department, other than a department
4-5 employee, as a collection fee.
4-6 (b) After deduction of any collection fee, the net receipts
4-7 from stamp sales shall be sent to the department.
4-8 (c) The stamp sale net receipts may be spent only for
4-9 research, management, and protection of turkeys and for the
4-10 acquisition, lease, or development of turkey habitats in the state.
4-11 (d) The department may utilize revenues received from the
4-12 royalties derived from the sale of prints of stamp artwork to
4-13 contract with the Parks and Wildlife Foundation of Texas, Inc. for
4-14 support of conservation goals of the department.
4-15 SECTION 16. Section 43.255, Parks and Wildlife Code, is
4-16 amended to read as follows:
4-17 Sec. 43.255. Refusal to Show Stamp OR PROOF OF EXEMPTION
4-18 ELIGIBILITY. A person hunting turkeys who refuses or fails on
4-19 demand of any game warden <management officer> or peace officer to
4-20 show a valid turkey stamp or proof that the person is eligible for
4-21 any exemptions provided by Section 43.251(b) is presumed to be in
4-22 violation of Section 43.251 of this code.
4-23 SECTION 17. Section 43.302, Parks and Wildlife Code, is
4-24 amended to read as follows:
4-25 Sec. 43.302. Waterfowl Stamp Required. (a) Except as
4-26 provided by Subsection (b) of this section, no <No> person may hunt
4-27 waterfowl in this state unless the person has in the person's <his>
4-28 possession a waterfowl stamp issued to the person <him> by the
4-29 department.
4-30 (b) The commission by regulation may exempt a person from
4-31 the stamp requirement of this section.
4-32 SECTION 18. Section 43.305, Parks and Wildlife Code, is
4-33 amended to read as follows:
4-34 Sec. 43.305. Disposition of Stamp Fees AND PRINT ROYALTIES.
4-35 (a) Fifty cents of the fee collected under this subchapter may be
4-36 retained by the agent of the department, other than a department
4-37 employee, as a collection fee.
4-38 (b) After deduction of any collection fee, the net receipts
4-39 from stamp sales shall be sent to the department.
4-40 (c) The stamp sale net receipts may be spent only for
4-41 research, management, and protection of waterfowl, for the
4-42 acquisition, lease, or development of waterfowl habitats in the
4-43 state, and for grants as provided by Section 43.306 of this code.
4-44 Not more than one-half of the receipts may be spent for research,
4-45 management, and protection.
4-46 (d) The department may utilize revenues received from the
4-47 royalties derived from the sale of prints of stamp artwork to
4-48 contract with the Parks and Wildlife Foundation of Texas, Inc. for
4-49 support of conservation goals of the department.
4-50 SECTION 19. Section 43.307, Parks and Wildlife Code, is
4-51 amended to read as follows:
4-52 Sec. 43.307. Refusal to Show Stamp OR PROOF OF EXEMPTION
4-53 ELIGIBILITY. A person hunting waterfowl who refuses on demand of
4-54 any game warden <management officer> or peace officer to show a
4-55 waterfowl stamp or proof that the person is eligible for any
4-56 exemptions provided by Section 43.302(b) is presumed to be in
4-57 violation of Section 43.302 of this code.
4-58 SECTION 20. Chapter 43, Subchapter L, Parks and Wildlife
4-59 Code is amended to read as follows:
4-60 SUBCHAPTER M <L>. SALTWATER SPORTFISHING STAMP.
4-61 SECTION 21. Section 43.402, Parks and Wildlife Code, is
4-62 amended by amending Subsection (a) and adding Subsection (c) to
4-63 read as follows:
4-64 (a) Except as provided by Subsection (b) or (c) of this
4-65 section, no person may engage in fishing in saltwater for sporting
4-66 purposes in this state unless the person has in the person's <his>
4-67 possession a saltwater sportfishing stamp issued to the person
4-68 <him> by the department.
4-69 (c) The commission by regulation may exempt a person from
4-70 the stamp requirement of this section.
5-1 SECTION 22. Section 43.403(a), Parks and Wildlife Code, is
5-2 amended to read as follows:
5-3 (a) The department <or its agent> may issue a saltwater
5-4 sportfishing stamp to any person on the payment to the department
5-5 of $5 or an amount set by the commission, whichever amount is more.
5-6 The stamp must be signed on its face by the person using the stamp
5-7 for the stamp to be valid for fishing purposes <to whom it is
5-8 issued>.
5-9 SECTION 23. Subchapter L, Chapter 43, Parks and Wildlife
5-10 Code, as added by Chapter 640, Acts of the 69th Legislature,
5-11 Regular Session, 1985, is amended by adding Section 43.4035 to read
5-12 as follows:
5-13 Sec. 43.4035. EXPIRATION OF STAMP. (a) A saltwater
5-14 sportfishing stamp issued before September 1 that does not expire
5-15 until August 31 of the following year is valid from the date of
5-16 issuance through August 31 of the following year.
5-17 (b) A saltwater sportfishing stamp issued in conjunction
5-18 with a license issued under Section 46.005 or 46.0051 of this code
5-19 expires at the same time the license expires or on the expiration
5-20 date printed on the stamp, whichever is later.
5-21 SECTION 24. Section 43.405, Parks and Wildlife Code, is
5-22 amended to read as follows:
5-23 Sec. 43.405. <COLLECTION FEES> DISPOSITION OF STAMP FEES AND
5-24 PRINT ROYALTIES. (a) Fifty cents of the fee collected under this
5-25 subchapter may be retained by the agent of the department, other
5-26 than a department employee, as a collection fee.
5-27 (b) After deduction of any collection fee, the net receipts
5-28 from stamp sales shall be sent to the department.
5-29 (c) The stamp sale net receipts shall be spent for coastal
5-30 fisheries enforcement and management and are hereby appropriated
5-31 for such purposes.
5-32 (d) The department may utilize revenues received from the
5-33 royalties derived from the sale of prints of stamp artwork to
5-34 contract with the Parks and Wildlife Foundation of Texas, Inc. for
5-35 support of conservation goals of the department.
5-36 SECTION 25. Chapter 43, Subchapter M, Parks and Wildlife
5-37 Code is amended to read as follows:
5-38 SUBCHAPTER N <M>. FRESHWATER TROUT STAMP.
5-39 SECTION 26. Section 43.502, Parks and Wildlife Code, is
5-40 amended by amending Subsection (a) and adding Subsection (c) to
5-41 read as follows:
5-42 (a) Except as provided by Subsection (b) or (c) of this
5-43 section, no <No> person may take or attempt to take any trout from
5-44 public waters without having in possession a freshwater trout stamp
5-45 issued by the department.
5-46 (c) The commission by regulation may exempt a person from
5-47 the stamp requirement of this section.
5-48 SECTION 27. Section 43.503(a), Parks and Wildlife Code, is
5-49 amended to read as follows:
5-50 (a) The department <or its agent> may issue a freshwater
5-51 trout stamp to any person on the payment to the department of $5 or
5-52 an amount set by the commission, whichever amount is more. The
5-53 stamp must be signed on its face by the person using the stamp <to
5-54 whom it is issued> for the stamp to be valid for fishing purposes.
5-55 SECTION 28. Chapter 43, Subchapter N, Parks and Wildlife
5-56 Code is amended to read as follows:
5-57 SUBCHAPTER A <N>. CONSERVATION PASSPORTS OR PERMITS
5-58 Sec. 43.001 <43.521>. CONSERVATION PASSPORT OR PERMIT
5-59 REQUIRED. (a) The department may require one person in each
5-60 vehicle using land under the control of the department that is open
5-61 to the public to possess a conservation passport or permit issued
5-62 to the person by the department <or its agent> under this
5-63 subchapter. For the purpose of this subchapter, a use of land
5-64 includes any use for a consumptive or nonconsumptive purpose.
5-65 (b) The department may require each person to possess a
5-66 conservation passport or permit to participate in certain
5-67 activities and to enter certain facilities designated as wildlife
5-68 management areas, state natural areas or lands that have not been
5-69 fully developed.
5-70 (c) A person is not required to possess a conservation
6-1 passport or permit for use of land owned by the department or
6-2 specified leased and licensed land under the department's control
6-3 for hunting and other outdoor recreational activities authorized
6-4 under <purposes if the person possesses> a current special,
6-5 regular, or annual public <Type II> hunting permit or limited
6-6 public use permit or other hunting permit designated by the
6-7 commission and issued by the department.
6-8 (d) A person is not required to possess a conservation
6-9 passport or permit at Washington-on-the-Brazos or San Jacinto State
6-10 Parks or to attend musical or theatrical productions at Galveston
6-11 Island or Palo Duro Canyon State Parks.
6-12 (e) A person is not required to possess a conservation
6-13 passport or permit to utilize a state park for day use.
6-14 (f) The commission by regulation may exempt a person from
6-15 the passport or permit requirement of this section.
6-16 Sec. 43.002 <43.522>. ISSUANCE AND EXPIRATION OF
6-17 CONSERVATION PASSPORT OR PERMIT. (a) The department <or its
6-18 agent> may issue a conservation passport or permit to any person or
6-19 group of persons on the payment to the department <or agent> of <a>
6-20 fees in <an> amounts set by the commission. <The fee charged for a
6-21 conservation permit may not exceed the amount charged by the
6-22 department for a combination hunting and fishing license under
6-23 Section 50.002 of this code.>
6-24 (b) A conservation passport or permit expires on the first
6-25 anniversary of the date on which it is issued or other date set by
6-26 the commission by regulation.
6-27 (c) If a passport or permit issued under this section is
6-28 lost or destroyed, a duplicate or replacement may be issued on
6-29 application of the passport or permit holder and receipt of an
6-30 amount set by the commission. The commission may set other
6-31 conditions for issuance of the duplicate or replacement passport or
6-32 permit.
6-33 Sec. 43.003 <43.523>. OTHER PASSPORTS OR PERMITS REQUIRED.
6-34 Possession of a conservation passport or permit does not relieve
6-35 the holder of the requirement for holding any other permit or
6-36 paying any other fee or charge for the entrance to or use of land
6-37 under the department's control that is authorized by law or rule of
6-38 the commission, including Chapters 12, 21, and 81 of this code,
6-39 however, the department may grant discounts on charges for entrance
6-40 and use of land to holders of conservation passports or permits.
6-41 Sec. 43.004 <43.524>. DISPOSITION OF CONSERVATION PASSPORT
6-42 OR PERMIT FEES. (a) Fifty cents of each conservation passport or
6-43 permit fee collected under Section 43.002 <43.522> of this code by
6-44 a license deputy <an agent of the department>, other than a
6-45 department employee, may be retained as a collection fee by the
6-46 license deputy <agent>.
6-47 (b) After deducting a collection fee under Subsection (a) of
6-48 this section, a license deputy <an agent of the department> shall
6-49 send to the department the net receipts from the sale of
6-50 conservation passports or permits.
6-51 (c) The department may use the net receipts from the sale of
6-52 conservation passports or permits for the sole purpose of
6-53 acquiring, leasing, or developing state lands, paying principal and
6-54 interest on Texas Park Development Bonds, or operating land or
6-55 facilities under the department's control.
6-56 Sec. 43.005 <43.525>. FAILURE OR REFUSAL TO SHOW
6-57 CONSERVATION PASSPORT OR PERMIT; PENALTY. (a) Except as provided
6-58 by Subsection (b) of this section, a person commits an offense if
6-59 the person is using land under the department's control and fails
6-60 or refuses to show a conservation passport or permit issued to the
6-61 person on the demand of a game warden <management officer>, peace
6-62 officer, or department employee.
6-63 (b) It is not an offense under Subsection (a) of this
6-64 section if a person who is using land under the department's
6-65 control fails to show a conservation passport or permit on the
6-66 demand of a game warden <management officer>, peace officer, or
6-67 department employee, and that person:
6-68 (1) entered land under the department's control as an
6-69 occupant of a privately owned, noncommercial vehicle in which at
6-70 least one other occupant possesses and is able to show a
7-1 conservation passport or permit issued to that other occupant; or
7-2 (2) is a member of a group of individuals that the
7-3 department has exempted from the requirement for a conservation
7-4 passport or permit.
7-5 (c) An offense under this section is a Class C Parks and
7-6 Wildlife Code misdemeanor.
7-7 SECTION 29. Chapter 43, Subchapter N, Parks and Wildlife
7-8 Code is amended to read as follows:
7-9 SUBCHAPTER O <N>. FISH STOCK PERMIT.
7-10 SECTION 30. Section 46.0011(1), Parks and Wildlife Code, is
7-11 amended to read as follows:
7-12 (1) "Resident" means:
7-13 (A) an individual who has resided continuously
7-14 in this state for more than six months immediately before applying
7-15 for a fishing license required by this chapter;
7-16 (B) a member of the United States armed forces
7-17 on active duty;
7-18 (C) a dependent of a member of the United States
7-19 on active duty; or
7-20 (D) a member of any other category of
7-21 individuals that the commission by regulation designates as
7-22 residents.
7-23 SECTION 31. Section 46.002(a), Parks and Wildlife Code, is
7-24 amended to read as follows:
7-25 (a) A license issued under this chapter is not required of a
7-26 person:
7-27 (1) under 17 years old; <or>
7-28 (2) 65 years old or older if the person is a resident
7-29 or, if a nonresident, if the person's state of residence grants a
7-30 similar exemption to Texas residents; <or>
7-31 (3) <(2)> who is mentally disabled and who is engaging
7-32 in recreational fishing as part of medically approved therapy, and
7-33 who is fishing under the immediate supervision of personnel
7-34 approved or employed by a hospital, residence, or school for
7-35 mentally disabled persons;<.> or
7-36 (4) who is participating in an event that is sponsored
7-37 or co-sponsored by the Texas Parks and Wildlife Department with the
7-38 approval of the Executive Director.
7-39 SECTION 32. Section 46.006(b), Parks and Wildlife Code, is
7-40 amended to read as follows:
7-41 (b) The application for a duplicate license must be an
7-42 affidavit containing:
7-43 (1) a statement of fact <the facts> concerning the
7-44 loss or destruction of the license; and
7-45 (2) any other information which the commission by
7-46 regulation may prescribe as necessary <the serial number of the
7-47 lost or destroyed license>.
7-48 SECTION 33. Section 46.007, Parks and Wildlife Code, is
7-49 amended to read as follows:
7-50 Sec. 46.007. Expiration of Licenses. (a) Except as
7-51 provided by Subsections (b), (c), and (d) of this section, a <A>
7-52 license required or authorized by this subchapter is valid only
7-53 during the yearly period for which it is issued without regard to
7-54 the date on which the license is acquired. Each yearly period
7-55 begins on September 1 of a year and extends through August 31 of
7-56 the next year.
7-57 (b) A license issued under Section 46.005 or 46.0051 of this
7-58 code is valid for the number of consecutive days authorized and
7-59 does not necessarily expire on August 31.
7-60 (c) A license issued under Section 46.004 of this code that
7-61 is issued before September 1 and does not expire until August 31 of
7-62 the following year is valid from the date of issuance through
7-63 August 31 of the following year.
7-64 (d) A lifetime resident fishing license is valid for the
7-65 lifetime of the license holder.
7-66 (e) A duplicate license is valid for the period of validity
7-67 of the original license only.
7-68 SECTION 34. Section 46.008, Parks and Wildlife Code, is
7-69 amended to read as follows:
7-70 Sec. 46.008. License Information. A license issued under
8-1 this subchapter must contain information determined by the
8-2 commission to be necessary.<:>
8-3 <(1) the year for which the license is issued (printed
8-4 across the face of the license);>
8-5 <(2) the name address, and residence of the licensee;>
8-6 <(3) an approximate weight, height, age, and color of
8-7 hair and eyes of the licensee for identification in the field; and>
8-8 <(4) the statement: "This license does not entitle
8-9 the holder to fish on the enclosed and posted lands of another
8-10 without the consent of the owner or his agent.">
8-11 SECTION 35. Section 46.106, Parks and Wildlife Code, is
8-12 amended to read as follows:
8-13 Sec. 46.106. Form of License. Licenses issued under this
8-14 subchapter shall be on the form prescribed by the department and
8-15 must contain<:>
8-16 <(1) the name and address of the licensee;>
8-17 <(2) a personal description of the licensee;>
8-18 <(3) date of issuance of the license; and>
8-19 <(4) other> information necessary for enforcement of
8-20 this subchapter as required by the department.
8-21 SECTION 36. Chapter 50, Parks and Wildlife Code, is amended
8-22 by adding Section 50.0021 to read as follows:
8-23 Sec. 50.0021. EXPIRATION OF LICENSES. (a) Except as
8-24 provided by Subsections (b) and (c) of this section, a license
8-25 required or authorized by this chapter is valid only during the
8-26 yearly period for which the license is issued without regard to the
8-27 date on which the license is acquired. Each yearly period begins
8-28 on September 1 of a year and extends through August 31 of the next
8-29 year.
8-30 (b) A license issued under the authority of this chapter
8-31 that is issued before September 1 and does not expire until August
8-32 31 of the following year is valid from the date of issuance through
8-33 August 31 of the following year.
8-34 (c) A lifetime resident combination hunting and fishing
8-35 license is valid for the lifetime of the license holder.
8-36 SECTION 37. Sections 42.009, 42.011, 46.009, 46.010, 46.011,
8-37 46.012, and Subchapter A, Chapter 43, Parks and Wildlife Code, are
8-38 repealed.
8-39 SECTION 38. This Act takes effect on September 1, 1993
8-40 except that Sections 2, 3, 4, 7, 23, 30, 31, 33, 36, and 37 shall
8-41 take effect on July 15, 1993 and the commission is hereby
8-42 authorized to enact regulations authorized by this act prior to
8-43 September 1, 1993.
8-44 SECTION 39. The importance of this legislation and the
8-45 crowded condition of the calendars in both houses create an
8-46 emergency and an imperative public necessity that the
8-47 constitutional rule requiring bills to be read on three several
8-48 days in each house be suspended, and this rule is hereby suspended.
8-49 * * * * *
8-50 Austin,
8-51 Texas
8-52 May 11, 1993
8-53 Hon. Bob Bullock
8-54 President of the Senate
8-55 Sir:
8-56 We, your Committee on Natural Resources to which was referred H.B.
8-57 No. 578, have had the same under consideration, and I am instructed
8-58 to report it back to the Senate with the recommendation that it do
8-59 not pass, but that the Committee Substitute adopted in lieu thereof
8-60 do pass and be printed.
8-61 Sims,
8-62 Chairman
8-63 * * * * *
8-64 WITNESSES
8-65 FOR AGAINST ON
8-66 ___________________________________________________________________
8-67 Name: Paul Israel x
8-68 Representing: TX Parks & Wildlife Dept.
8-69 City: Austin
8-70 -------------------------------------------------------------------
9-1 Name: Jayna Burgdorf x
9-2 Representing: TX Parks & Wildlife
9-3 City: Austin
9-4 -------------------------------------------------------------------