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 -------------------------------------------------------------------