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
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    9-1  Name:  Jayna Burgdorf                                          x
    9-2  Representing:  TX Parks & Wildlife
    9-3  City:  Austin
    9-4  -------------------------------------------------------------------