By Bomer H.B. No. 1417
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to hunting, wildlife management, and wildlife management
1-3 areas.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Subchapter B, Chapter 11, Parks and Wildlife
1-6 Code, is amended by adding Section 11.0271 to read as follows:
1-7 Sec. 11.0271. PUBLIC HUNTING DRAWING; FEES. The department
1-8 may conduct public drawings to select applicants for public hunting
1-9 privileges. The department may charge each person who participates
1-10 in the drawing a nonrefundable participation fee in addition to any
1-11 fee for issuing a hunting permit or license. The participation fee
1-12 shall be set by the commission in an amount sufficient to pay the
1-13 costs of operating the drawing.
1-14 SECTION 2. Section 42.018, Parks and Wildlife Code, is
1-15 amended by adding Subsection (c) to read as follows:
1-16 (c) A landowner or his agent operating under a wildlife
1-17 management plan approved by the department is exempt from the tag
1-18 requirements of this section.
1-19 SECTION 3. Section 42.022, Parks and Wildlife Code, is
1-20 amended by amending Subsection (c) and adding Subsection (d) to
1-21 read as follows:
1-22 (c) This section does not apply to the acquisition and
1-23 possession by a nonresident of more than one nonresident hunting
1-24 license if the nonresident does not acquire or possess during a
2-1 license year:
2-2 (1) more than one nonresident:
2-3 (A) general hunting license; or
2-4 (B) spring turkey hunting license; or
2-5 (2) both a nonresident general hunting license and a
2-6 nonresident spring turkey hunting license <if no more than one
2-7 nonresident general hunting license is acquired or possessed>.
2-8 (d) For purposes of this section, a license year begins
2-9 September 1 and extends through August 31 of the next year.
2-10 SECTION 4. Subchapter D, Chapter 43, Parks and Wildlife
2-11 Code, is amended by adding Section 43.0432 to read as follows:
2-12 Sec. 43.0432. WILDLIFE MANAGEMENT ASSOCIATION AREA HUNTING
2-13 LEASE LICENSES. (a) The owner of a tract of land included in a
2-14 wildlife management association area under Section 81.301 of this
2-15 code may apply for a wildlife management association area hunting
2-16 lease license for that tract of land.
2-17 (b) A wildlife management association area hunting lease
2-18 license applies only to the tract of land for which it is issued.
2-19 (c) Except as inconsistent with this section, this
2-20 subchapter applies to a wildlife management association area
2-21 hunting lease license in the same manner that it applies to a
2-22 hunting lease license.
2-23 SECTION 5. Section 43.044, Parks and Wildlife Code, is
2-24 amended by adding Subsection (c) to read as follows:
2-25 (c) The fee for a wildlife management association area
2-26 hunting lease license is:
2-27 (1) $30 + $5 per participating landowner if the area
3-1 of the wildlife management association is less than 10,000 acres;
3-2 (2) $60 + $5 per participating landowner if the area
3-3 of the wildlife management association is between 10,000 and 50,000
3-4 acres; and
3-5 (3) $120 + $5 per participating landowner if the area
3-6 of the wildlife management association is over 50,000 acres.
3-7 SECTION 6. Sections 71.001(1) and (10), Parks and Wildlife
3-8 Code, are amended to read as follows:
3-9 (1) "Fur-bearing animal" means wild beaver, otter,
3-10 mink, ring-tailed cat, badger, skunk, raccoon, muskrat, opossum,
3-11 fox, <weasel,> nutria, or civet cat.
3-12 (10) "Depredation" means the loss of or damage to
3-13 agricultural crops, livestock, poultry, wildlife, or personal
3-14 property.
3-15 SECTION 7. Section 71.005, Parks and Wildlife Code, is
3-16 amended by amending Subsection (a) and adding Subsection (d) to
3-17 read as follows:
3-18 (a) Except as provided by this section and Section
3-19 71.004(a), no <No> person may take a fur-bearing animal or a pelt
3-20 in this state unless the person <he> has acquired and possesses a
3-21 trapper's <trapping> license.
3-22 (d) A person who possesses a hunting license and is engaged
3-23 in a lawful hunting activity for any species other than fur-bearing
3-24 animals may take and possess a fur-bearing animal if:
3-25 (1) neither the fur-bearing animal nor any part of
3-26 that animal is taken for the purpose of sale, barter, or exchange;
3-27 and
4-1 (2) the number of fur-bearing animals taken does not
4-2 exceed the daily bag limit or possession limit set by commission
4-3 regulation.
4-4 SECTION 8. Chapter 81, Parks and Wildlife Code, is amended
4-5 by adding Subchapter D to read as follows:
4-6 SUBCHAPTER D. WILDLIFE MANAGEMENT ASSOCIATION AREAS
4-7 Sec. 81.301. WILDLIFE MANAGEMENT ASSOCIATION AREAS.
4-8 (a) The department may designate two or more contiguous or
4-9 proximate tracts of land as a wildlife management association area
4-10 if:
4-11 (1) each owner of the land applies for the
4-12 designation;
4-13 (2) the land is inhabited by wildlife;
4-14 (3) the department determines that observing wildlife
4-15 and collecting information on the wildlife will serve the purpose
4-16 of wildlife management in the state; and
4-17 (4) the landowners agree to provide the department
4-18 with information regarding the wildlife under Section 81.302 of
4-19 this code.
4-20 (b) The department shall prescribe the form and content of
4-21 an application under this section.
4-22 Sec. 81.302. WILDLIFE MANAGEMENT PLAN; COLLECTION OF
4-23 INFORMATION. (a) Before the department may approve an application
4-24 for designation of a wildlife management association area under
4-25 this subchapter, the applicants must prepare a wildlife management
4-26 plan according to department guidelines for wildlife management
4-27 plans.
5-1 (b) The department's guidelines shall require the collection
5-2 of information on the wildlife that is in a wildlife management
5-3 association area.
5-4 (c) Activities prescribed in the wildlife management plan
5-5 must be conducted annually to maintain the designation of a
5-6 wildlife management association.
5-7 Sec. 81.303. RULES. The commission may adopt rules
5-8 necessary to implement this subchapter.
5-9 SECTION 9. Chapter 47, Penal Code, is amended by adding
5-10 Section 47.111 to read as follows:
5-11 Sec. 47.111. PUBLIC HUNTING DRAWING. It is an exception to
5-12 the application of this chapter that the person's conduct was
5-13 authorized under Section 11.0271, Parks and Wildlife Code.
5-14 SECTION 10. This Act takes effect September 1, 1993.
5-15 SECTION 11. The importance of this legislation and the
5-16 crowded condition of the calendars in both houses create an
5-17 emergency and an imperative public necessity that the
5-18 constitutional rule requiring bills to be read on three several
5-19 days in each house be suspended, and this rule is hereby suspended.