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.