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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