By:  De la Garza                                       H.B. No. 809
       73R1529 MI-D
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to the issuance and use of trophy fish tags.
    1-3        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-4        SECTION 1.  Chapter 43, Parks and Wildlife Code, is amended
    1-5  by adding Subchapter Q to read as follows:
    1-6               SUBCHAPTER Q.  SALTWATER TROPHY FISH TAGS
    1-7        Sec. 43.601.  DEFINITIONS.  In this subchapter:
    1-8              (1)  "Oversize saltwater game fish" means a saltwater
    1-9  game fish that exceeds the maximum size that may be lawfully taken
   1-10  or possessed under Chapter 66 of this code or a department
   1-11  proclamation issued under Chapter 61 of this code.
   1-12              (2)  "Wildlife resource" has the meaning assigned by
   1-13  Section 61.005 of this code.
   1-14        Sec. 43.602.  SALTWATER TROPHY FISH TAG PROGRAM.  (a)  The
   1-15  department shall establish a saltwater trophy fish tag program to
   1-16  allow a fisherman who does not hold a commercial fishing license to
   1-17  take oversize saltwater game fish for mounting by a taxidermist.
   1-18        (b)  A saltwater trophy fish tag is valid only for one fish
   1-19  of one type of saltwater game fish.
   1-20        (c)  The department may issue saltwater trophy fish tags for
   1-21  as many types of saltwater game fish as the department determines
   1-22  is economically feasible.
   1-23        (d)  The department at a minimum shall issue saltwater trophy
   1-24  fish tags for tarpon, redfish, snook, and speckled sea trout.
    2-1        (e)  The department shall adopt any rules necessary to
    2-2  implement the saltwater trophy fish tag program.
    2-3        Sec. 43.603.  ISSUANCE OF TAG.  (a)  The department may issue
    2-4  a saltwater trophy fish tag, on payment of the fee set under
    2-5  Section 43.604 of this code, to a person who:
    2-6              (1)  holds a fishing license issued under Subchapter A,
    2-7  Chapter 46, of this code; and
    2-8              (2)  has not been convicted of a criminal offense of
    2-9  possessing or taking any wildlife resource under the jurisdiction
   2-10  of the department.
   2-11        (b)  The department shall check criminal records to determine
   2-12  the eligibility of a person to purchase a saltwater trophy fish
   2-13  tag.
   2-14        (c)  The department may not issue to the same person in any
   2-15  12-month period more than one saltwater trophy fish tag for each
   2-16  type of saltwater game fish for which the department issues a tag.
   2-17        (d)  The department shall inform each purchaser of a
   2-18  saltwater trophy fish tag of all laws and penalties relating to the
   2-19  use of the tag and to the illegal possession of game fish.
   2-20        Sec. 43.604.  FEE.  (a)  The fee for a saltwater trophy fish
   2-21  tag is an amount set by the commission of not less than $50.
   2-22        (b)  In setting the fee for a saltwater trophy fish tag, the
   2-23  commission shall consider and shall set the fee at an amount
   2-24  adequate to pay for:
   2-25              (1)  the cost of administering the saltwater trophy
   2-26  fish tag program;
   2-27              (2)  the cost of obtaining, plotting, and using for
    3-1  research purposes information on the size and location of fish
    3-2  caught under the program;
    3-3              (3)  the cost of replacing fish caught under the
    3-4  program; and
    3-5              (4)  other factors the commission considers necessary.
    3-6        Sec. 43.605.  FORM OF TAG.  The department shall develop a
    3-7  saltwater trophy fish tag in a form that cannot be used more than
    3-8  once.
    3-9        Sec. 43.606.  PERIOD OF VALIDITY.  A saltwater trophy fish
   3-10  tag expires on the anniversary of the date on which the tag was
   3-11  issued.
   3-12        Sec. 43.607.  RETURN OF TAG BY TAXIDERMIST.  A taxidermist
   3-13  who receives for mounting an oversize saltwater game fish caught
   3-14  under the saltwater trophy fish tag program shall mail the
   3-15  saltwater trophy fish tag attached to the fish to the department,
   3-16  together with information concerning the size of the fish and the
   3-17  location of the catch on a form prescribed by the department.
   3-18        Sec. 43.608.  SURRENDER OF TAG.  A person convicted of a
   3-19  violation of the provision in Chapter 66 of this code or the
   3-20  department proclamation issued under Chapter 61 of this code that
   3-21  establishes the maximum size for a type of saltwater game fish
   3-22  possessed shall surrender to the court any saltwater trophy fish
   3-23  tag issued to and not used by the person as prescribed by this
   3-24  subchapter.
   3-25        Sec. 43.609.  ATTACHED TAG IS DEFENSE.  (a)  It is an
   3-26  affirmative defense to prosecution for a violation of Section
   3-27  61.901 or 66.218 of this code charging that the defendant possessed
    4-1  a saltwater game fish longer than a maximum lawful retention length
    4-2  that the defendant had attached to the fish in the manner
    4-3  prescribed by the department a saltwater trophy fish tag issued to
    4-4  the defendant for that type of fish.
    4-5        (b)  It is not a defense to prosecution that the defendant
    4-6  had purchased or was in possession of a saltwater trophy fish tag
    4-7  that was not attached to a fish that was in a live well on the boat
    4-8  from which the person caught the fish.
    4-9        Sec. 43.610.  RULES.  The commission by rule shall establish
   4-10  guidelines allowing time for measuring the length of a saltwater
   4-11  game fish before the saltwater trophy fish tag must be attached.
   4-12        SECTION 2.  This Act takes effect September 1, 1993.
   4-13        SECTION 3.  The importance of this legislation and the
   4-14  crowded condition of the calendars in both houses create an
   4-15  emergency and an imperative public necessity that the
   4-16  constitutional rule requiring bills to be read on three several
   4-17  days in each house be suspended, and this rule is hereby suspended.