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.