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
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   2-53  Name:  A. C. Bryan                               x
   2-54  Representing:  Quail Unlimited
   2-55  City:  Leona
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   2-57                                                  FOR   AGAINST  ON
   2-58  ___________________________________________________________________
   2-59  Name:  Robert Lee                                x
   2-60  Representing:  Pheasant Forever
   2-61  City:  Dallas
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   2-63  Name:  Jim Bennett                               x
   2-64  Representing:  Quail Unlimited
   2-65  City:  Houston
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