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.