By Bomer H.B. No. 1417
Substitute the following for H.B. No. 1417:
By Hightower C.S.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; providing a penalty.
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. Subchapter D, Chapter 23, Parks and Wildlife
1-15 Code, is amended to read as follows:
1-16 SUBCHAPTER D. FEDERAL LAND: WILDLIFE MANAGEMENT
1-17 <DAVY CROCKETT NATIONAL FOREST>
1-18 Sec. 23.041. Agreements for Wildlife Management. <(a)> The
1-19 department may agree with the proper agency of the United States to
1-20 protect and manage <for the protection and management of> wildlife
1-21 resources and to restock <for restocking> desirable species of
1-22 wildlife on federal land <in portions of the Davy Crockett National
1-23 Forest, in Houston and Trinity counties, that can be designated by
1-24 a natural boundary. A natural boundary may be a road, lake,
2-1 stream, canyon, rock, bluff, island, or other natural feature.>
2-2 <(b) No agreement under this section may cover more than
2-3 40,000 acres at any one time during any five-year period>.
2-4 Sec. 23.042. DEFINITIONS <WILDLIFE DEFINED>. In this
2-5 subchapter:<,>
2-6 (1) "Wildlife" <"wildlife"> means all kinds of birds,
2-7 animals, and fish.
2-8 (2) "Wildlife management agreement" means an agreement
2-9 made under Section 23.041 of this code.
2-10 Sec. 23.043. Hunting and Fishing Regulations. The
2-11 commission may promulgate regulations applicable to wildlife
2-12 management on federal land under a wildlife management agreement.
2-13 The regulations may <the Davy Crockett National Forest, in Houston
2-14 and Trinity counties, to>:
2-15 (1) prohibit hunting and fishing for periods of time
2-16 as necessary to protect wildlife;
2-17 (2) provide open seasons for hunting and fishing;
2-18 (3) provide limitations on the number, size, kind, and
2-19 sex of wildlife that may be taken; and
2-20 (4) prescribe the conditions under which wildlife may
2-21 be taken.
2-22 Sec. 23.044. Penalty. A person who violates any rule or
2-23 regulation of the commission adopted under this subchapter or who
2-24 hunts or fishes on federal land included in a wildlife management
2-25 agreement <in the Davy Crockett National Forest> at any time other
2-26 than the open season commits an offense that is a Class C Parks and
2-27 Wildlife Code misdemeanor.
3-1 SECTION 3. Section 42.018, Parks and Wildlife Code, is
3-2 amended by adding Subsection (c) to read as follows:
3-3 (c) A landowner or his agent operating under a wildlife
3-4 management plan approved by the department is exempt from the tag
3-5 requirements of this section.
3-6 SECTION 4. Section 42.022, Parks and Wildlife Code, is
3-7 amended by amending Subsection (c) adding Subsection (d) to read as
3-8 follows:
3-9 (c) This section does not apply to the acquisition and
3-10 possession by a nonresident of more than one nonresident hunting
3-11 license if the nonresident does not acquire or possess during a
3-12 license year:
3-13 (1) more than one nonresident:
3-14 (A) general hunting license; or
3-15 (B) spring turkey hunting license; or
3-16 (2) both a nonresident general hunting license and a
3-17 nonresident spring turkey hunting license <if no more than one
3-18 nonresident general hunting license is acquired or possessed>.
3-19 (d) For purposes of this section, a license year begins
3-20 September 1 and extends through August 31 of the next year.
3-21 SECTION 5. Subchapter D, Chapter 43, Parks and Wildlife
3-22 Code, is amended by adding Section 43.0432 to read as follows:
3-23 Sec. 43.0432. WILDLIFE MANAGEMENT ASSOCIATION AREA HUNTING
3-24 LEASE LICENSES. (a) The owner of a tract of land included in a
3-25 wildlife management association area under Section 81.301 of this
3-26 code may apply for a wildlife management association area hunting
3-27 lease license for that tract of land.
4-1 (b) A wildlife management association area hunting lease
4-2 license applies only to the tract of land for which it is issued.
4-3 (c) Except as inconsistent with this section, this
4-4 subchapter applies to a wildlife management association area
4-5 hunting lease license in the same manner that it applies to a
4-6 hunting lease license.
4-7 SECTION 6. Section 43.044, Parks and Wildlife Code, is
4-8 amended by adding Subsection (c) to read as follows:
4-9 (c) The fee for a wildlife management association area
4-10 hunting lease license is:
4-11 (1) $30 + $5 per participating landowner if the area
4-12 of the wildlife management association is less than 10,000 acres;
4-13 (2) $60 + $5 per participating landowner if the area
4-14 of the wildlife management association is between 10,000 and 50,000
4-15 acres; and
4-16 (3) $120 + $5 per participating landowner if the area
4-17 of the wildlife management association is over 50,000 acres.
4-18 SECTION 7. Sections 71.001(1) and (10), Parks and Wildlife
4-19 Code, are amended to read as follows:
4-20 (1) "Fur-bearing animal" means wild beaver, otter,
4-21 mink, ring-tailed cat, badger, skunk, raccoon, muskrat, opossum,
4-22 fox, <weasel,> nutria, or civet cat.
4-23 (10) "Depredation" means the loss of or damage to
4-24 agricultural crops, livestock, poultry, wildlife, or personal
4-25 property.
4-26 SECTION 8. Section 71.005, Parks and Wildlife Code, is
4-27 amended by amending Subsection (a) and adding Subsection (d) to
5-1 read as follows:
5-2 (a) Except as provided by this section and Section
5-3 71.004(a), no <No> person may take a fur-bearing animal or a pelt
5-4 in this state unless the person <he> has acquired and possesses a
5-5 trapper's <trapping> license.
5-6 (d) A person who possesses a hunting license and is engaged
5-7 in a lawful hunting activity for any species other than fur-bearing
5-8 animals may take and possess a fur-bearing animal if:
5-9 (1) neither the fur-bearing animal nor any part of
5-10 that animal is taken for the purpose of sale, barter, or exchange;
5-11 and
5-12 (2) the number of fur-bearing animals taken does not
5-13 exceed the daily bag limit or possession limit set by commission
5-14 regulation.
5-15 SECTION 9. Chapter 81, Parks and Wildlife Code, is amended
5-16 by adding Subchapter D to read as follows:
5-17 SUBCHAPTER D. WILDLIFE MANAGEMENT ASSOCIATION AREAS
5-18 Sec. 81.301. WILDLIFE MANAGEMENT ASSOCIATION AREAS.
5-19 (a) The department may designate two or more contiguous or
5-20 proximate tracts of land as a wildlife management association area
5-21 if:
5-22 (1) each owner of the land applies for the
5-23 designation;
5-24 (2) the land is inhabited by wildlife;
5-25 (3) the department determines that observing wildlife
5-26 and collecting information on the wildlife will serve the purpose
5-27 of wildlife management in the state; and
6-1 (4) the landowners agree to provide the department
6-2 with information regarding the wildlife under Section 81.302 of
6-3 this code.
6-4 (b) The department shall prescribe the form and content of
6-5 an application under this section.
6-6 Sec. 81.302. WILDLIFE MANAGEMENT PLAN; COLLECTION OF
6-7 INFORMATION. (a) Before the department may approve an application
6-8 for designation of a wildlife management association area under
6-9 this subchapter, the applicants must prepare a wildlife management
6-10 plan according to department guidelines for wildlife management
6-11 plans.
6-12 (b) The department's guidelines shall require the collection
6-13 of information on the wildlife that is in a wildlife management
6-14 association area.
6-15 (c) Activities prescribed in the wildlife management plan
6-16 must be conducted annually to maintain the designation of a
6-17 wildlife management association.
6-18 Sec. 81.303. RULES. The commission may adopt rules
6-19 necessary to implement this subchapter.
6-20 SECTION 10. Chapter 47, Penal Code, is amended by adding
6-21 Section 47.111 to read as follows:
6-22 Sec. 47.111. PUBLIC HUNTING DRAWING. It is an exception to
6-23 the application of this chapter that the person's conduct was
6-24 authorized under Section 11.0271, Parks and Wildlife Code.
6-25 SECTION 11. Subchapter E, Chapter 23, Parks and Wildlife
6-26 Code, is repealed.
6-27 SECTION 12. (a) This Act takes effect September 1, 1993.
7-1 (b) Section 23.044, Parks and Wildlife Code, as amended by
7-2 this Act, applies to a rule violation on federal lands included in
7-3 an agreement made under Section 23.041, Parks and Wildlife Code, on
7-4 or after the effective date of this Act.
7-5 (c) A rule violation that occurred in the Davy Crockett
7-6 National Forest before the effective date of this Act is covered by
7-7 the law as it existed on the day the violation occurred and that
7-8 law is continued in effect for that purpose.
7-9 SECTION 13. The importance of this legislation and the
7-10 crowded condition of the calendars in both houses create an
7-11 emergency and an imperative public necessity that the
7-12 constitutional rule requiring bills to be read on three several
7-13 days in each house be suspended, and this rule is hereby suspended.