S.B. No. 441
                                        AN ACT
    1-1  relating to the issuance of tags for certain finfish species and to
    1-2  the purchase of aquatic products; providing penalties.
    1-3        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-4        SECTION 1.  Subchapter A, Chapter 46, Parks and Wildlife
    1-5  Code, is amended by adding Section 46.0045 to read as follows:
    1-6        Sec. 46.0045.  TAG FEES.  The commission by rule may
    1-7  establish fees for initial and duplicate tags issued under this
    1-8  subchapter and for issuance or collection fees for license deputies
    1-9  issuing the tags.
   1-10        SECTION 2.  Chapter 46, Parks and Wildlife Code, is amended
   1-11  by amending Sections 46.006 through 46.015 and by adding Section
   1-12  46.0086 to read as follows:
   1-13        Sec. 46.006.  DUPLICATE LICENSE OR TAG.  (a)  If a license
   1-14  issued under this subchapter is lost or destroyed, a license deputy
   1-15  may issue a duplicate license on application of the license holder
   1-16  and receipt of $5 or an amount set by the commission, whichever
   1-17  amount is more.  If a tag issued under this subchapter is lost or
   1-18  destroyed, a license deputy may issue a duplicate tag on
   1-19  application of the tag holder and payment of a fee set by the
   1-20  commission under Section 46.0045 of this code.
   1-21        (b)  The application for a duplicate license or tag must be
   1-22  an affidavit containing:
   1-23              (1)  the facts concerning the loss or destruction of
   1-24  the license or tag; and
    2-1              (2)  the serial number of the lost or destroyed license
    2-2  or tag.
    2-3        (c)  The license deputy issuing the license may retain 50
    2-4  cents as a fee for issuing the duplicate license.
    2-5        Sec. 46.007.  EXPIRATION OF LICENSES AND TAGS.  (a)  A
    2-6  license required or authorized by this subchapter is valid only
    2-7  during the yearly period for which it is issued without regard to
    2-8  the date on which the license is acquired.  Each yearly period
    2-9  begins on September 1 of a year and extends through August 31 of
   2-10  the next year.
   2-11        (b)  A duplicate license is valid for the period of validity
   2-12  of the original license only.
   2-13        (c)  A tag or duplicate tag required or authorized by this
   2-14  subchapter is valid for a period as established by the commission.
   2-15        Sec. 46.008.  LICENSE INFORMATION.  A license issued under
   2-16  this subchapter must contain:
   2-17              (1)  the year for which the license is issued (printed
   2-18  across the face of the license);
   2-19              (2)  the name, address, and residence of the licensee;
   2-20              (3)  an approximate weight, height, age, and color of
   2-21  hair and eyes of the licensee for identification in the field; and
   2-22              (4)  the statement:  "This license does not entitle the
   2-23  holder to fish on the enclosed and posted lands of another without
   2-24  the consent of the owner or his agent."
   2-25        Sec. 46.0085.  FORM AND ISSUANCE OF LICENSE AND TAGS.
   2-26  (a)  The department shall prescribe the form of and shall issue the
   2-27  licenses and tags authorized by this chapter.
    3-1        (b)  A license and tag issued under this chapter is not valid
    3-2  until the person to whom it is issued completes all required
    3-3  information on the license.
    3-4        (c)  The department may issue tags for finfish species
    3-5  allowed by law to be taken during each year or season from coastal
    3-6  waters of the state to holders of licenses authorizing the taking
    3-7  of finfish species.
    3-8        Sec. 46.0086.  FINFISH TAGS:  PROHIBITED ACTS.  (a)  No
    3-9  person may purchase or use more finfish tags during  a license year
   3-10  than the number and type authorized for the year by the commission,
   3-11  excluding duplicate tags issued under Section 46.006 of this code.
   3-12        (b)  A person may not:
   3-13              (1)  use the same finfish tag on more than one finfish;
   3-14              (2)  use a finfish tag issued in the name of another;
   3-15              (3)  use a tag on a finfish for which another tag is
   3-16  specifically required; or
   3-17              (4)  take a finfish required to be tagged and fail to
   3-18  immediately attach a properly executed tag to the finfish in the
   3-19  manner prescribed by the commission.
   3-20        Sec. 46.009.  LICENSE DEPUTIES.  Employees of the department,
   3-21  county clerks, and any person designated by the department to issue
   3-22  licenses and tags are license deputies and may issue licenses and
   3-23  tags under this subchapter.  An employee of the department may not
   3-24  retain a collection or issuance fee.
   3-25        Sec. 46.010.  DUTIES OF LICENSE DEPUTIES.  The license deputy
   3-26  shall:
   3-27              (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.  <(b)>  Unissued licenses or
   4-12  tags shall be returned on the request of the department.
   4-13        Sec. 46.013.  ISSUANCE OR ACCEPTANCE OF LICENSE.  No person
   4-14  may issue or accept a license or tag required by this subchapter
   4-15  except on a form provided by the department.
   4-16        Sec. 46.014.  FISHING UNDER THE LICENSE OF ANOTHER.  No
   4-17  person may fish under a license issued to another or allow another
   4-18  person to fish under a license issued to him.
   4-19        Sec. 46.015.  PENALTY.  (a)  A person who violates a
   4-20  provision of this subchapter or, except as provided by Subsection
   4-21  (b) of this section, who fails or refuses to show an officer his
   4-22  license or tag on the request of the officer commits an offense
   4-23  that is a Class C Parks and Wildlife Code misdemeanor.
   4-24        (b)  If on or before the trial of any person charged with the
   4-25  failure or refusal to show an officer a license or tag issued under
   4-26  this subchapter, the person produces for the court or the
   4-27  prosecuting attorney the proper fishing license or tag issued to
    5-1  the person and valid at the time of the offense, the court having
    5-2  jurisdiction of the suit shall dismiss the charge.
    5-3        SECTION 3.  Section 47.0111, Parks and Wildlife Code, is
    5-4  amended to read as follows:
    5-5        Sec. 47.0111.  PURCHASE OF AQUATIC PRODUCTS BY RETAIL FISH
    5-6  DEALERS.  No retail fish dealer may purchase for resale or receive
    5-7  for sale, barter, exchange, or any other commercial purposes any
    5-8  aquatic products from any person or entity in this state unless he
    5-9  purchases the product from the holder of:
   5-10              (1)  a wholesale fish dealer's license;
   5-11              (2)  a general commercial fisherman's license when the
   5-12  retail fish dealer has given written notification to the executive
   5-13  director of the department or his designee of the dealer's intent
   5-14  to purchase aquatic products from the holder of a general
   5-15  commercial fisherman's license; or
   5-16              (3)  a fish farmer's license.
   5-17        SECTION 4.  This Act takes effect September 1, 1993.
   5-18        SECTION 5.  The importance of this legislation and the
   5-19  crowded condition of the calendars in both houses create an
   5-20  emergency and an imperative public necessity that the
   5-21  constitutional rule requiring bills to be read on three several
   5-22  days in each house be suspended, and this rule is hereby suspended,
   5-23  and that this Act take effect and be in force according to its
   5-24  terms, and it is so enacted.