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.