By Hightower                                          H.B. No. 1636
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to the issuance of tags for certain finfish species and to
    1-3  the definition of fish dealers; providing penalties.
    1-4        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-5        SECTION 1.  Subchapter A, Chapter 46 Parks and Wildlife Code
    1-6  is amended as follows:
    1-7        Sec. 46.006.  DUPLICATE LICENSE OR TAG.  (a)  If a license or
    1-8  tag issued under this subchapter is lost or destroyed, a license
    1-9  deputy may issue a duplicate license or tag on application of the
   1-10  license holder and receipt of $5 or an amount set by the
   1-11  commission, whichever amount is more.
   1-12        (b)  The application for a duplicate license or tag must be
   1-13  an affidavit containing:
   1-14              (1)  the facts concerning the loss or destruction of
   1-15  the license or tag; and
   1-16              (2)  the serial number of the lost or destroyed license
   1-17  or tag.
   1-18        (c)  The license deputy issuing the license or tag may retain
   1-19  50 cents as a fee for issuing the duplicate license or tag.
   1-20        Sec. 46.007.  EXPIRATION OF LICENSES AND TAGS.  (a)  A
   1-21  license required or authorized by this subchapter is valid only
   1-22  during the yearly period for which it is issued without regard to
   1-23  the date on which the license is acquired.  Each yearly period
    2-1  begins on September 1 of a year and extends through August 31 of
    2-2  the next year.
    2-3        (b)  A duplicate license is valid for the period of validity
    2-4  of the original license only.
    2-5        (c)  A tag or duplicate tag required or authorized by this
    2-6  subchapter is valid for a period as established by the commission.
    2-7        Sec. 46.008.  LICENSE INFORMATION.  A license issued under
    2-8  this subchapter must contain:
    2-9              (1)  the year for which the license is issued (printed
   2-10  across the face of the license);
   2-11              (2)  the name, address, and residence of the licensee;
   2-12              (3)  an approximate weight, height, age, and color of
   2-13  hair and eyes of the licensee for identification in the field; and
   2-14              (4)  the statement:  "This license does not entitle the
   2-15  holder to fish on the enclosed and posted lands of another without
   2-16  the consent of the owner or his agent."
   2-17        Sec. 46.0085.  FORM AND ISSUANCE OF LICENSE AND TAGS.
   2-18  (a)  The department shall prescribe the form of and shall issue the
   2-19  licenses and tags authorized by this chapter.
   2-20        (b)  A license and tag issued under this chapter is not valid
   2-21  until the person to whom it is issued completes all required
   2-22  information on the license.
   2-23        (c)  The department may issue tags for finfish species
   2-24  allowed by law to be taken during each year or season to holders of
   2-25  licenses authorizing the taking of finfish species.  The commission
    3-1  may establish fees for the tags and collection fees for the agent
    3-2  issuing the tags.
    3-3        Sec. 46.0086.  FINFISH TAGS:  PROHIBITED ACTS.  (a)  No
    3-4  person may purchase or use more finfish tags during a license year
    3-5  than the number and type authorized for the year by the commission,
    3-6  excluding duplicate tags issued under Section 46.006 of this code.
    3-7        (b)  No person may:
    3-8              (1)  use the same finfish tag on more than one finfish;
    3-9              (2)  use a finfish tag issued in the name of another;
   3-10              (3)  use a tag on a finfish for which another tag is
   3-11  specifically required;
   3-12              (4)  take a finfish required to be tagged and fail to
   3-13  immediately attach a properly executed tag to the finfish in the
   3-14  manner prescribed by the commission; or
   3-15              (5)  fish for a finfish that requires a tag without
   3-16  having in their immediate possession the tag required to be
   3-17  attached to the finfish.
   3-18        Sec. 46.009.  LICENSE DEPUTIES.  Employees of the department,
   3-19  county clerks, and any person designated by the department to issue
   3-20  licenses and tags are license deputies and may issue licenses and
   3-21  tags under this subchapter.  An employee of the department may not
   3-22  retain a collection or issuance fee.
   3-23        Sec. 46.010.  DUTIES OF LICENSE DEPUTIES.  The license deputy
   3-24  shall:
   3-25              (1)  fill out correctly and preserve for the use of the
    4-1  department the stubs attached to the license or tag and
    4-2              (2)  keep a complete and correct record of all licenses
    4-3  or tags issued, showing the name and residence of each licensee,
    4-4  the serial number of the license, and the date of issuance of the
    4-5  license or tag.
    4-6        Sec. 46.011.  MONTHLY REPORT.  (a)  After the end of each
    4-7  calendar month, license deputies shall send to the department a
    4-8  report in a form and manner prescribed by the department.
    4-9        (b)  The department shall credit the license deputy with the
   4-10  amount remitted.
   4-11        Sec. 46.012.  License Books.  (a)  Repealed by Acts 1985,
   4-12  69th Leg., ch. 267, art. 1, Sec. 77, eff.  Sept. 1, 1985.
   4-13        (b)  Unissued licenses or tags shall be returned on the
   4-14  request of the department.
   4-15        Sec. 46.013.  ISSUANCE OR ACCEPTANCE OF LICENSE.  No person
   4-16  may issue or accept a license or tag by this subchapter except on a
   4-17  form provided by the department.
   4-18        Sec. 46.014.  FISHING UNDER THE LICENSE OF ANOTHER.  No
   4-19  person may fish under a license issued to another or allow another
   4-20  person to fish under a license issued to him.
   4-21        Sec. 46.015.  PENALTY.  (a)  A person who violates a
   4-22  provision of this subchapter or, except as provided by Subsection
   4-23  (b) of this section, who fails or refuses to show an officer his
   4-24  license or tag on the request of the officer commits an offense
   4-25  that is a Class C Parks and Wildlife Code misdemeanor.
    5-1        (b)  If on or before the trial of any person charged with the
    5-2  failure or refusal to show an officer a license or tag issued under
    5-3  this subchapter, the person produces for the court or the
    5-4  prosecuting attorney the proper fishing license or tag issued to
    5-5  the person and valid at the time of the offense, the court having
    5-6  jurisdiction of the suit shall dismiss the charge.
    5-7        SECTION 2.  Subchapter A, Chapter 47 Parks and Wildlife Code
    5-8  is amended to read as follows:
    5-9        Sec. 47.0111.  PURCHASE OF AQUATIC PRODUCTS BY RETAIL FISH
   5-10  DEALERS.  No retail fish dealer may purchase for resale or receive
   5-11  for sale, barter, exchange, or any other commercial purposes any
   5-12  aquatic products from any person or entity in this state unless he
   5-13  purchases the product from the holder of:
   5-14              (1)  a wholesale fish dealer's license;
   5-15              <(2)  a general commercial fisherman's license;> or
   5-16              <(3)> (2)  a fish farmer's license<.>, except that a
   5-17  retail fish dealer may make written application to the department
   5-18  and shall receive a permit allowing that dealer to purchase aquatic
   5-19  products from the holder of a general commercial fisherman's
   5-20  license.  Any dealer receiving this permit must abide by all other
   5-21  applicable laws including statistical reporting requirements
   5-22  outlined in Section 66.019 of this code.
   5-23        SECTION 3.  This Act takes effect September 1, 1993.
   5-24        SECTION 4.  The importance of this legislation and the
   5-25  crowded condition of the calendars in both houses create an
    6-1  emergency and an imperative public necessity that the
    6-2  constitutional rule requiring bills to be read on three several
    6-3  days in each house be suspended, and this rule is hereby suspended,
    6-4  and that this Act take effect and be in force from and after its
    6-5  passage, and it is so enacted.