73R9621 E
By Saunders H.B. No. 852
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to a stamp requirement to hunt upland game birds;
1-3 providing a penalty.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Chapter 43, Parks and Wildlife Code, is amended
1-6 by adding Subchapter Q to read as follows:
1-7 SUBCHAPTER Q. UPLAND GAME BIRD STAMP
1-8 Sec. 43.571. DEFINITION. In this subchapter, "upland game
1-9 bird" means wild pheasant of all varieties, wild bobwhite quail,
1-10 wild scaled quail, wild Mearns quail, and wild Gambel's quail.
1-11 Sec. 43.572. APPLICATION. This subchapter applies only to
1-12 the hunting of upland game birds for which:
1-13 (1) the department declares a hunting season; and
1-14 (2) there is no hunting stamp or special hunting
1-15 permit required by this code other than the stamp required by this
1-16 subchapter.
1-17 Sec. 43.573. UPLAND GAME BIRD STAMP REQUIRED. (a) No
1-18 person may hunt upland game birds in this state unless the person
1-19 has in that person's possession an upland game bird stamp issued to
1-20 that person by the department.
1-21 (b) A person younger than 17 years of age is not required to
1-22 have an upland game bird stamp.
1-23 (c) A person is not required to have an upland game bird
1-24 stamp if the person is hunting upland game birds in the county of
2-1 the person's residence.
2-2 Sec. 43.574. DESIGN AND ISSUANCE OF STAMP. (a) The
2-3 department or its agent may issue an upland game bird stamp to any
2-4 person on the payment to the department of $5. The stamp must be
2-5 signed on its face by the person to whom it is issued for the stamp
2-6 to be valid for hunting purposes.
2-7 (b) The commission shall prescribe by regulation the form,
2-8 design, and manner of issuance of the upland game bird stamp. The
2-9 department shall retain the reproduction rights to the design.
2-10 (c) The commission may contract with and pay a person for
2-11 designing and producing the upland game bird stamp authorized by
2-12 this subchapter.
2-13 Sec. 43.575. HUNTING LICENSE ALSO REQUIRED. The acquisition
2-14 of an upland game bird stamp does not authorize a person to hunt
2-15 upland game birds without having acquired a hunting license as
2-16 provided by Chapter 42 of this code or authorize the hunting of
2-17 upland game birds at any time or by means not otherwise authorized
2-18 by this code.
2-19 Sec. 43.576. DISPOSITION OF STAMP FEES. (a) Fifty cents of
2-20 the fee collected under this subchapter or an amount set by the
2-21 commission, whichever amount is more, may be retained by the agent
2-22 of the department, other than a department employee, as a
2-23 collection fee.
2-24 (b) After deduction of any collection fee, the net receipts
2-25 from stamp sales shall be sent to the department.
2-26 (c) The stamp sale net receipts may be spent only for
2-27 research, management, and protection of upland game birds and for
3-1 the acquisition, lease, or development of upland game bird habitats
3-2 in the state.
3-3 Sec. 43.577. REFUSAL TO SHOW STAMP. A person hunting upland
3-4 game birds who refuses or fails on demand of any game management
3-5 officer or peace officer to show a valid upland game bird stamp is
3-6 presumed to be in violation of Section 43.573 of this code.
3-7 Sec. 43.578. PENALTY. A person who violates Section 43.573
3-8 of this code commits an offense that is a Class C Parks and
3-9 Wildlife Code misdemeanor.
3-10 SECTION 2. This Act takes effect September 1, 1993.
3-11 SECTION 3. The importance of this legislation and the
3-12 crowded condition of the calendars in both houses create an
3-13 emergency and an imperative public necessity that the
3-14 constitutional rule requiring bills to be read on three several
3-15 days in each house be suspended, and this rule is hereby suspended.