1-1 By: Saunders (Senate Sponsor - Armbrister) H.B. No. 852 1-2 (In the Senate - Received from the House May 14, 1993; 1-3 May 20, 1993, read first time and referred to Committee on Natural 1-4 Resources; May 25, 1993, reported favorably, as amended, by the 1-5 following vote: Yeas 7, Nays 0; May 25, 1993, sent to printer.) 1-6 COMMITTEE VOTE 1-7 Yea Nay PNV Absent 1-8 Sims x 1-9 Truan x 1-10 Armbrister x 1-11 Barrientos x 1-12 Bivins x 1-13 Brown x 1-14 Carriker x 1-15 Lucio x 1-16 Montford x 1-17 Ratliff x 1-18 Shelley x 1-19 COMMITTEE AMENDMENT NO. 1 By: Armbrister 1-20 Add a new Section 2 as follows and renumber remaining Sections. 1-21 Section 2. All revenue attributed to Chapter 43, Subchapter 1-22 Q, Parks and Wildlife Code, is hereby appropriated to the Parks and 1-23 Wildlife Department for purposes authorized by 43.576 of the Parks 1-24 and Wildlife Code for the biennium beginning September 1, 1993. 1-25 COMMITTEE AMENDMENT NO. 2 By: Bivins 1-26 Amend H.B. 852 as follows: 1-27 Sec. 43.576, Parks and Wildlife Code, is amended by adding a 1-28 new Subsection (d) to read as follows: 1-29 (d) The department will ensure that all funds collected 1-30 through the sale of upland game bird stamps will be expended 1-31 equitably throughout the habitat of all species of upland game 1-32 birds. 1-33 A BILL TO BE ENTITLED 1-34 AN ACT 1-35 relating to a stamp requirement to hunt upland game birds; 1-36 providing a penalty. 1-37 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-38 SECTION 1. Chapter 43, Parks and Wildlife Code, is amended 1-39 by adding Subchapter Q to read as follows: 1-40 SUBCHAPTER Q. UPLAND GAME BIRD STAMP 1-41 Sec. 43.571. DEFINITION. In this subchapter, "upland game 1-42 bird" means wild pheasant of all varieties, wild bobwhite quail, 1-43 wild scaled quail, wild Mearns quail, and wild Gambel's quail. 1-44 Sec. 43.572. APPLICATION. This subchapter applies only to 1-45 the hunting of upland game birds for which: 1-46 (1) the department declares a hunting season; and 1-47 (2) there is no hunting stamp or special hunting 1-48 permit required by this code other than the stamp required by this 1-49 subchapter. 1-50 Sec. 43.573. UPLAND GAME BIRD STAMP REQUIRED. (a) No 1-51 person may hunt upland game birds in this state unless the person 1-52 has in that person's possession an upland game bird stamp issued to 1-53 that person by the department. 1-54 (b) A person younger than 17 years of age is not required to 1-55 have an upland game bird stamp. 1-56 (c) A person is not required to have an upland game bird 1-57 stamp if the person is hunting upland game birds in the county of 1-58 the person's residence. 1-59 Sec. 43.574. DESIGN AND ISSUANCE OF STAMP. (a) The 1-60 department or its agent may issue an upland game bird stamp to any 1-61 person on the payment to the department of $5. The stamp must be 1-62 signed on its face by the person to whom it is issued for the stamp 1-63 to be valid for hunting purposes. 1-64 (b) The commission shall prescribe by regulation the form, 1-65 design, and manner of issuance of the upland game bird stamp. The 1-66 department shall retain the reproduction rights to the design. 1-67 (c) The commission may contract with and pay a person for 1-68 designing and producing the upland game bird stamp authorized by 2-1 this subchapter. 2-2 Sec. 43.575. HUNTING LICENSE ALSO REQUIRED. The acquisition 2-3 of an upland game bird stamp does not authorize a person to hunt 2-4 upland game birds without having acquired a hunting license as 2-5 provided by Chapter 42 of this code or authorize the hunting of 2-6 upland game birds at any time or by means not otherwise authorized 2-7 by this code. 2-8 Sec. 43.576. DISPOSITION OF STAMP FEES. (a) Fifty cents of 2-9 the fee collected under this subchapter or an amount set by the 2-10 commission, whichever amount is more, may be retained by the agent 2-11 of the department, other than a department employee, as a 2-12 collection fee. 2-13 (b) After deduction of any collection fee, the net receipts 2-14 from stamp sales shall be sent to the department. 2-15 (c) The stamp sale net receipts may be spent only for 2-16 research, management, and protection of upland game birds and for 2-17 the acquisition, lease, or development of upland game bird habitats 2-18 in the state. 2-19 Sec. 43.577. REFUSAL TO SHOW STAMP. A person hunting upland 2-20 game birds who refuses or fails on demand of any game management 2-21 officer or peace officer to show a valid upland game bird stamp is 2-22 presumed to be in violation of Section 43.573 of this code. 2-23 Sec. 43.578. PENALTY. A person who violates Section 43.573 2-24 of this code commits an offense that is a Class C Parks and 2-25 Wildlife Code misdemeanor. 2-26 SECTION 2. This Act takes effect September 1, 1993. 2-27 SECTION 3. The importance of this legislation and the 2-28 crowded condition of the calendars in both houses create an 2-29 emergency and an imperative public necessity that the 2-30 constitutional rule requiring bills to be read on three several 2-31 days in each house be suspended, and this rule is hereby suspended. 2-32 * * * * * 2-33 Austin, 2-34 Texas 2-35 May 25, 1993 2-36 Hon. Bob Bullock 2-37 President of the Senate 2-38 Sir: 2-39 We, your Committee on Natural Resources to which was referred H.B. 2-40 No. 852, have had the same under consideration, and I am instructed 2-41 to report it back to the Senate with the recommendation that it do 2-42 pass, as amended, and be printed. 2-43 Sims, 2-44 Chairman 2-45 * * * * * 2-46 WITNESSES 2-47 FOR AGAINST ON 2-48 ___________________________________________________________________ 2-49 Name: Don Wilson x 2-50 Representing: Texas Parks & Wildlife 2-51 City: Austin 2-52 ------------------------------------------------------------------- 2-53 Name: A. C. Bryan x 2-54 Representing: Quail Unlimited 2-55 City: Leona 2-56 ------------------------------------------------------------------- 2-57 FOR AGAINST ON 2-58 ___________________________________________________________________ 2-59 Name: Robert Lee x 2-60 Representing: Pheasant Forever 2-61 City: Dallas 2-62 ------------------------------------------------------------------- 2-63 Name: Jim Bennett x 2-64 Representing: Quail Unlimited 2-65 City: Houston 2-66 -------------------------------------------------------------------