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.