By:  Bomer                                            H.B. No. 1417
       73R6073 T
                                 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.  Section 42.022, Chapter 42, Parks and Wildlife
    1-6  Code, is amended by amending subsection (c) and adding new
    1-7  subsection (d) to read as follows:
    1-8        (c)  This section does not apply to the acquisition and
    1-9  possession by a nonresident of more than one hunting license (if no
   1-10  more than one nonresident general hunting license is acquired or
   1-11  possessed) provided the nonresident does not acquire or possess
   1-12  during a license year:
   1-13              (1)  more than one nonresident spring turkey hunting
   1-14  license; or
   1-15              (2)  both a general nonresident hunting license and a
   1-16  nonresident spring turkey hunting license.
   1-17        (d)  For purposes of this section, a "license year" begins on
   1-18  September 1 of one year and ends on August 31 of the following
   1-19  year.
   1-20        SECTION 2.  Subtitle C, Chapter 71, Parks and Wildlife Code
   1-21  is amended as follows:
   1-22        Section 71.001.  Definitions.  In this subtitle:
   1-23              (1)  "Fur-bearing animal" means wild beaver, otter,
   1-24  mink, ring-tailed cat, badger, skunk, raccoon, muskrat, opossum,
    2-1  fox, <weasel,> nutria, or civet cat.
    2-2              (2)  "Trapper" means a person who takes a fur-bearing
    2-3  animal or the pelt of a fur-bearing animal.
    2-4              (3)  "Retail fur buyer" means a person who purchases a
    2-5  fur-bearing animal or the pelt of a fur-bearing animal of this
    2-6  state from trappers only.
    2-7              (4)  "Wholesale fur dealer" means a person who
    2-8  purchases for himself or for another person a fur-bearing animal or
    2-9  the pelt of a fur-bearing animal of this state from a trapper, a
   2-10  retail fur buyer, a fur-bearing animal propagator, or another
   2-11  wholesale fur dealer.
   2-12              (5)  "Resident" means an individual who has resided
   2-13  continuously in this state for more than six months immediately
   2-14  before applying for a license issued under this chapter.
   2-15              (6)  "Nonresident" means an individual who is not a
   2-16  resident.
   2-17              (7)  "Sale" includes barter and other transfers of
   2-18  ownership for consideration.
   2-19              (8)  "Take" means the act of snaring, trapping,
   2-20  shooting, killing, or capturing by any means and includes an
   2-21  attempt to take.
   2-22              (9)  "Carcass" means the body of a dead fur-bearing
   2-23  animal, with or without the hide attached.
   2-24              (10)  "Depredation" means the loss of or damage to
   2-25  agricultural crops, livestock, poultry, wildlife, or personal
   2-26  property.
   2-27              (11)  "Pelt" means the untanned, green or dried hide or
    3-1  skin of a fur-bearing animal whether or not the hide or skin is
    3-2  attached to the carcass.
    3-3              (12)  "Place of business" means a place where
    3-4  fur-bearing animals or their pelts are sold, received, transported,
    3-5  possessed, or purchased, and includes a vehicle used by a trapper,
    3-6  retail fur buyer, wholesale fur dealer, or fur-bearing animal
    3-7  propagator.
    3-8              (13)  "Fur-bearing animal propagator" means a person
    3-9  who takes or possesses a living fur-bearing animal and holds it for
   3-10  the purpose of propagation or sale.
   3-11        Section 71.005.  Licenses Required.  (a)  Except as provided
   3-12  in this section and Section 71.004(a), <No> no person may take a
   3-13  fur-bearing animal or a pelt in this state unless he has acquired
   3-14  and possesses a <trapping> trapper's license.
   3-15        (b)  No person may purchase or possess after purchase a pelt
   3-16  or carcass taken in this state unless he has acquired and possesses
   3-17  a retail fur buyer's or wholesale fur dealer's license.
   3-18        (c)  No person may take or possess a live fur-bearing animal
   3-19  for the purpose of propagation or sale unless he has acquired and
   3-20  possesses a fur-bearing animal propagation license.
   3-21        (d)  Notwithstanding any provision of this chapter, a person
   3-22  who possesses a valid hunting license and is engaged in a lawful
   3-23  hunting activity for any species other than fur-bearing animals may
   3-24  take and possess fur-bearing animals if:
   3-25              (1)  the fur-bearing animal or any part thereof is not
   3-26  taken for the purpose of sale, barter, or exchange; and
   3-27              (2)  the number of fur-bearing animals taken is not in
    4-1  excess of the daily bag limit or possession limit as prescribed by
    4-2  regulations of the commission adopted under the authority of this
    4-3  chapter.
    4-4        SECTION 3.  Section 11.027, Parks and Wildlife Code, is
    4-5  amended to read as follows:
    4-6        Sec. 11.027.  Establishment of Fees; Revenue.  (a)  In
    4-7  setting the amounts of the fees authorized by this code, the
    4-8  commission shall establish reasonable and necessary fees for the
    4-9  administration of department programs but may not maintain
   4-10  unnecessary fund balances.
   4-11        (b)  The commission by rule may establish and provide for the
   4-12  collection of a fee to cover costs associated with the review of an
   4-13  application for a permit required by this code.
   4-14        (c)  The department may sell any item in the possession of
   4-15  the department in which the state has title, or acquire and resell
   4-16  items if a profit can be made, to provide funding for programs
   4-17  administered by the department.
   4-18        (d)  The department may conduct public drawings of names in
   4-19  order to select applicants for public hunting opportunities, and it
   4-20  may collect a nonrefundable application fee from each applicant for
   4-21  participation in the drawing in addition to any other fees provided
   4-22  by law for the issuance of permits, licenses, or expenses.  It is
   4-23  an exception to the application of Chapter 47, Penal Code that a
   4-24  person's conduct consisted solely of participation in a public
   4-25  drawing conducted pursuant to this section.
   4-26        SECTION 4.  Subchapter D, Chapter 23 Parks and Wildlife Code
   4-27  is amended to read as follows:
    5-1        Section 23.041.  Agreements for Wildlife Management.
    5-2  <(a)>  The department may agree with the proper agency of the
    5-3  United States for the protection and management of wildlife
    5-4  resources and for restocking desirable species of wildlife <in
    5-5  portions of the Davy Crockett National Forest in Houston and
    5-6  Trinity counties, that can be designated by a natural boundary.  A
    5-7  natural boundary may be a road, lake, stream, canyon, rock, bluff,
    5-8  island, or other natural feature>.
    5-9        <(b)  No agreement under this section may cover more than
   5-10  40,000 acres at any one time during any five-year period.>
   5-11        Section 23.042.  Wildlife Defined.  In this subchapter,
   5-12  "wildlife" means all kinds of birds, animals, and fish.
   5-13        Section 23.043.  Hunting and Fishing Regulations.  The
   5-14  commission may promulgate regulations applicable to <the Davy
   5-15  Crockett National Forest in Houston and Trinity counties,> wildlife
   5-16  management on federal lands as part of a wildlife management
   5-17  agreement to:
   5-18              (1)  prohibit hunting and fishing for periods of time
   5-19  as necessary to protect wildlife;
   5-20              (2)  provide open seasons for hunting and fishing;
   5-21              (3)  provide limitations on the number, size, kind and
   5-22  sex of wildlife that may be taken; and
   5-23              (4)  prescribe the conditions under which wildlife may
   5-24  be taken.
   5-25        Section 23.044.  Penalty.  A person who violates any rule or
   5-26  regulation of the commission adopted under this subchapter or who
   5-27  hunts or fishes <in the Davy Crockett National Forest> on federal
    6-1  lands included in wildlife management agreements at any time other
    6-2  than the open season commits an offense that is a Class C Parks and
    6-3  Wildlife Code misdemeanor.
    6-4        SECTION 5.  Subchapter E, Chapter 23 Parks and Wildlife Code
    6-5  is amended as follows:
    6-6        Section 23.051.  Agreements for Wildlife Management (Repeal)
    6-7        Section 23.052.  Wildlife Defined (Repeal)
    6-8        Section 23.053.  Hunting and Fishing Regulations (Repeal)
    6-9        Section 23.054.  Penalty (Repeal)
   6-10        SECTION 6.  Chapter 81, Parks and Wildlife Code, is amended
   6-11  by adding Subchapter G to read as follows:
   6-12        SUBCHAPTER G.  WILDLIFE MANAGEMENT ASSOCIATION AREAS
   6-13        Section 81.601.  WILDLIFE MANAGEMENT ASSOCIATION AREAS.
   6-14        (a)  The owners of two or more contiguous or proximate tracts
   6-15  of land in the state may apply to the department for designation of
   6-16  that land as a wildlife management association area.
   6-17        (b)  The department may designate two or more contiguous or
   6-18  proximate tracts of land as a wildlife management association area
   6-19  if:
   6-20              (1)  the land is inhabited by wildlife;
   6-21              (2)  the department determines that the observation of
   6-22  and collection of information on the wildlife will serve the
   6-23  purpose of wildlife management in the state; and
   6-24              (3)  the landowners agree to provide the department
   6-25  with information regarding the wildlife, as required by Section
   6-26  81.602 of this code.
   6-27        (c)  The department shall prescribe the form and content of
    7-1  an application under this section.
    7-2        Section 81.602.  COLLECTION OF INFORMATION IN WILDLIFE
    7-3  MANAGEMENT ASSOCIATION AREAS.  Before the department approves an
    7-4  application for designation of a wildlife management association
    7-5  area under this subchapter, the applicants must prepare a wildlife
    7-6  management plan according to department standards and guidelines
    7-7  for wildlife management plans.  Activities prescribed in the
    7-8  wildlife management plan shall be conducted annually to maintain
    7-9  the designation of a wildlife management association.
   7-10        Section 81.603.  RULES.  The commission may adopt any rules
   7-11  necessary to implement this subchapter.
   7-12        SECTION 7.  Subchapter D, Chapter 43, Parks and Wildlife
   7-13  Code, is amended by adding Section 43.056 to read as follows:
   7-14        Section 43.056.  WILDLIFE MANAGEMENT ASSOCIATION AREA HUNTING
   7-15  LEASE LICENSES.
   7-16        (a)  The owner of each tract of land included within a
   7-17  wildlife management association area, as designated under Section
   7-18  81.601 of this code, may apply to the department for a wildlife
   7-19  management association area hunting lease license for that tract of
   7-20  land.  A wildlife management association area hunting lease license
   7-21  applies only to the tract of land for which it is issued.
   7-22        (b)  Except as otherwise provided by this section, the
   7-23  provisions of this subchapter relating to a hunting lease license
   7-24  apply to a wildlife management association area hunting lease
   7-25  license in the same manner that they apply to the hunting lease
   7-26  license.
   7-27        (c)  The fee for a wildlife management association area
    8-1  hunting lease license is:
    8-2              (1)  $30 + $5 per participating landowner if the area
    8-3  of the wildlife management association is less than 10,000 acres;
    8-4              (2)  $60 + $5 per participating landowner if the area
    8-5  of the wildlife management association is between 10,000 and 50,000
    8-6  acres; and
    8-7              (3)  $120 + $5 per participating landowner if the area
    8-8  of the wildlife management association is over 50,000 acres.
    8-9        SECTION 8.  This Act takes effect on September 1, 1993.
   8-10        SECTION 9.  The importance of this legislation and the
   8-11  crowded condition of the calendars in both houses create an
   8-12  emergency and an imperative public necessity that the
   8-13  constitutional rule requiring bills to be read on three several
   8-14  days in each house be suspended, and this rule is hereby suspended.