1-1  By:  Bomer (Senate Sponsor - Sims)                    H.B. No. 1417
    1-2        (In the Senate - Received from the House May 12, 1993;
    1-3  May 13, 1993, read first time and referred to Committee on Natural
    1-4  Resources; May 21, 1993, reported favorably by the following vote:
    1-5  Yeas 9, Nays 0; May 21, 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                         A BILL TO BE ENTITLED
   1-20                                AN ACT
   1-21  relating to hunting, wildlife management, and wildlife management
   1-22  areas.
   1-23        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
   1-24        SECTION 1.  Subchapter B, Chapter 11, Parks and Wildlife
   1-25  Code, is amended by adding Section 11.0271 to read as follows:
   1-26        Sec. 11.0271.  PUBLIC HUNTING DRAWING; FEES.  The department
   1-27  may conduct public drawings to select applicants for public hunting
   1-28  privileges.  The department may charge each person who participates
   1-29  in the drawing a nonrefundable participation fee in addition to any
   1-30  fee for issuing a hunting permit or license.  The participation fee
   1-31  shall be set by the commission in an amount sufficient to pay the
   1-32  costs of operating the drawing.
   1-33        SECTION 2.  Section 42.018, Parks and Wildlife Code, is
   1-34  amended by adding Subsection (c) to read as follows:
   1-35        (c)  A landowner or his agent operating under a wildlife
   1-36  management plan approved by the department is exempt from the tag
   1-37  requirements of this section.
   1-38        SECTION 3.  Section 42.022, Parks and Wildlife Code, is
   1-39  amended by amending Subsection (c) and adding Subsection (d) to
   1-40  read as follows:
   1-41        (c)  This section does not apply to the acquisition and
   1-42  possession by a nonresident of more than one nonresident hunting
   1-43  license if the nonresident does not acquire or possess during a
   1-44  license year:
   1-45              (1)  more than one nonresident:
   1-46                    (A)  general hunting license; or
   1-47                    (B)  spring turkey hunting license; or
   1-48              (2)  both a nonresident general hunting license and a
   1-49  nonresident spring turkey hunting license <if no more than one
   1-50  nonresident general hunting license is acquired or possessed>.
   1-51        (d)  For purposes of this section, a license year begins
   1-52  September 1 and extends through August 31 of the next year.
   1-53        SECTION 4.  Subchapter D, Chapter 43, Parks and Wildlife
   1-54  Code, is amended by adding Section 43.0432 to read as follows:
   1-55        Sec. 43.0432.  WILDLIFE MANAGEMENT ASSOCIATION AREA HUNTING
   1-56  LEASE LICENSES.  (a)  The owner of a tract of land included in a
   1-57  wildlife management association area under Section 81.301 of this
   1-58  code may apply for a wildlife management association area hunting
   1-59  lease license for that tract of land.
   1-60        (b)  A wildlife management association area hunting lease
   1-61  license applies only to the tract of land for which it is issued.
   1-62        (c)  Except as inconsistent with this section, this
   1-63  subchapter applies to a wildlife management association area
   1-64  hunting lease license in the same manner that it applies to a
   1-65  hunting lease license.
   1-66        SECTION 5.  Section 43.044, Parks and Wildlife Code, is
   1-67  amended by adding Subsection (c) to read as follows:
   1-68        (c)  The fee for a wildlife management association area
    2-1  hunting lease license is:
    2-2              (1)  $30 + $5 per participating landowner if the area
    2-3  of the wildlife management association is less than 10,000 acres;
    2-4              (2)  $60 + $5 per participating landowner if the area
    2-5  of the wildlife management association is between 10,000 and 50,000
    2-6  acres; and
    2-7              (3)  $120 + $5 per participating landowner if the area
    2-8  of the wildlife management association is over 50,000 acres.
    2-9        SECTION 6.  Sections 71.001(1) and (10), Parks and Wildlife
   2-10  Code, are amended to read as follows:
   2-11              (1)  "Fur-bearing animal" means wild beaver, otter,
   2-12  mink, ring-tailed cat, badger, skunk, raccoon, muskrat, opossum,
   2-13  fox, <weasel,> nutria, or civet cat.
   2-14              (10)  "Depredation" means the loss of or damage to
   2-15  agricultural crops, livestock, poultry, wildlife, or personal
   2-16  property.
   2-17        SECTION 7.  Section 71.005, Parks and Wildlife Code, is
   2-18  amended by amending Subsection (a) and adding Subsection (d) to
   2-19  read as follows:
   2-20        (a)  Except as provided by this section and Section
   2-21  71.004(a), no <No> person may take a fur-bearing animal or a pelt
   2-22  in this state unless the person <he> has acquired and possesses a
   2-23  trapper's <trapping> license.
   2-24        (d)  A person who possesses a hunting license and is engaged
   2-25  in a lawful hunting activity for any species other than fur-bearing
   2-26  animals may take and possess a fur-bearing animal if:
   2-27              (1)  neither the fur-bearing animal nor any part of
   2-28  that animal is taken for the purpose of sale, barter, or exchange;
   2-29  and
   2-30              (2)  the number of fur-bearing animals taken does not
   2-31  exceed the daily bag limit or possession limit set by commission
   2-32  regulation.
   2-33        SECTION 8.  Chapter 81, Parks and Wildlife Code, is amended
   2-34  by adding Subchapter D to read as follows:
   2-35         SUBCHAPTER D.  WILDLIFE MANAGEMENT ASSOCIATION AREAS
   2-36        Sec. 81.301.  WILDLIFE MANAGEMENT ASSOCIATION AREAS.
   2-37  (a)  The department may designate two or more contiguous or
   2-38  proximate tracts of land as a wildlife management association area
   2-39  if:
   2-40              (1)  each owner of the land applies for the
   2-41  designation;
   2-42              (2)  the land is inhabited by wildlife;
   2-43              (3)  the department determines that observing wildlife
   2-44  and collecting information on the wildlife will serve the purpose
   2-45  of wildlife management in the state; and
   2-46              (4)  the landowners agree to provide the department
   2-47  with information regarding the wildlife under Section 81.302 of
   2-48  this code.
   2-49        (b)  The department shall prescribe the form and content of
   2-50  an application under this section.
   2-51        Sec. 81.302.  WILDLIFE MANAGEMENT PLAN; COLLECTION OF
   2-52  INFORMATION.  (a)  Before the department may approve an application
   2-53  for designation of a wildlife management association area under
   2-54  this subchapter, the applicants must prepare a wildlife management
   2-55  plan according to department guidelines for wildlife management
   2-56  plans.
   2-57        (b)  The department's guidelines shall require the collection
   2-58  of information on the wildlife that is in a wildlife management
   2-59  association area.
   2-60        (c)  Activities prescribed in the wildlife management plan
   2-61  must be conducted annually to maintain the designation of a
   2-62  wildlife management association.
   2-63        Sec. 81.303.  RULES.  The commission may adopt rules
   2-64  necessary to implement this subchapter.
   2-65        SECTION 9.  Chapter 47, Penal Code, is amended by adding
   2-66  Section 47.111 to read as follows:
   2-67        Sec. 47.111.  PUBLIC HUNTING DRAWING.  It is an exception to
   2-68  the application of this chapter that the person's conduct was
   2-69  authorized under Section 11.0271, Parks and Wildlife Code.
   2-70        SECTION 10.  This Act takes effect September 1, 1993.
    3-1        SECTION 11.  The importance of this legislation and the
    3-2  crowded condition of the calendars in both houses create an
    3-3  emergency and an imperative public necessity that the
    3-4  constitutional rule requiring bills to be read on three several
    3-5  days in each house be suspended, and this rule is hereby suspended.
    3-6                               * * * * *
    3-7                                                         Austin,
    3-8  Texas
    3-9                                                         May 21, 1993
   3-10  Hon. Bob Bullock
   3-11  President of the Senate
   3-12  Sir:
   3-13  We, your Committee on Natural Resources to which was referred H.B.
   3-14  No. 1417, have had the same under consideration, and I am
   3-15  instructed to report it back to the Senate with the recommendation
   3-16  that it do pass and be printed.
   3-17                                                         Sims,
   3-18  Chairman
   3-19                               * * * * *
   3-20                               WITNESSES
   3-21                                                  FOR   AGAINST  ON
   3-22  ___________________________________________________________________
   3-23  Name:  Kirby Brown                                             x
   3-24  Representing:  Tx Parks & Wildlife
   3-25  City:  Austin
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