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.