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.