1-1 By: Brown S.B. No. 441
1-2 (In the Senate - Filed February 23, 1993; February 23, 1993,
1-3 read first time and referred to Committee on Natural Resources;
1-4 March 16, 1993, reported adversely, with favorable Committee
1-5 Substitute by the following vote: Yeas 9, Nays 0; March 16, 1993,
1-6 sent to printer.)
1-7 COMMITTEE VOTE
1-8 Yea Nay PNV Absent
1-9 Sims x
1-10 Truan x
1-11 Armbrister x
1-12 Barrientos x
1-13 Bivins x
1-14 Brown x
1-15 Carriker x
1-16 Lucio x
1-17 Montford x
1-18 Ratliff x
1-19 Shelley x
1-20 COMMITTEE SUBSTITUTE FOR S.B. No. 441 By: Brown
1-21 A BILL TO BE ENTITLED
1-22 AN ACT
1-23 relating to the issuance of tags for certain finfish species and to
1-24 the purchases of aquatic products; providing penalties.
1-25 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-26 SECTION 1. Chapter 46, Parks and Wildlife Code, is amended
1-27 by amending Sections 46.006 through 46.015 and by adding Section
1-28 46.0086 to read as follows:
1-29 Sec. 46.006. DUPLICATE LICENSE OR TAG. (a) If a license
1-30 issued under this subchapter is lost or destroyed, a license deputy
1-31 may issue a duplicate license on application of the license holder
1-32 and receipt of $5 or an amount set by the commission, whichever
1-33 amount is more. If a tag issued under this subchapter is lost or
1-34 destroyed, a license deputy may issue a duplicate tag on
1-35 application of the tag holder and payment of a fee authorized by
1-36 general law and set by the commission.
1-37 (b) The application for a duplicate license or tag must be
1-38 an affidavit containing:
1-39 (1) the facts concerning the loss or destruction of
1-40 the license or tag; and
1-41 (2) the serial number of the lost or destroyed license
1-42 or tag.
1-43 (c) The license deputy issuing the license may retain 50
1-44 cents as a fee for issuing the duplicate license.
1-45 Sec. 46.007. EXPIRATION OF LICENSES AND TAGS. (a) A
1-46 license required or authorized by this subchapter is valid only
1-47 during the yearly period for which it is issued without regard to
1-48 the date on which the license is acquired. Each yearly period
1-49 begins on September 1 of a year and extends through August 31 of
1-50 the next year.
1-51 (b) A duplicate license is valid for the period of validity
1-52 of the original license only.
1-53 (c) A tag or duplicate tag required or authorized by this
1-54 subchapter is valid for a period as established by the commission.
1-55 Sec. 46.008. LICENSE INFORMATION. A license issued under
1-56 this subchapter must contain:
1-57 (1) the year for which the license is issued (printed
1-58 across the face of the license);
1-59 (2) the name, address, and residence of the licensee;
1-60 (3) an approximate weight, height, age, and color of
1-61 hair and eyes of the licensee for identification in the field; and
1-62 (4) the statement: "This license does not entitle the
1-63 holder to fish on the enclosed and posted lands of another without
1-64 the consent of the owner or his agent."
1-65 Sec. 46.0085. FORM AND ISSUANCE OF LICENSE AND TAGS.
1-66 (a) The department shall prescribe the form of and shall issue the
1-67 licenses and tags authorized by this chapter.
1-68 (b) A license and tag issued under this chapter is not valid
2-1 until the person to whom it is issued completes all required
2-2 information on the license.
2-3 (c) The department may issue tags for finfish species
2-4 allowed by law to be taken during each year or season from coastal
2-5 waters of the state to holders of licenses authorizing the taking
2-6 of finfish species. The fees for the tags are to be authorized by
2-7 general law and set by the commission.
2-8 Sec. 46.0086. FINFISH TAGS: PROHIBITED ACTS. (a) No
2-9 person may purchase or use more finfish tags during a license year
2-10 than the number and type authorized for the year by the commission,
2-11 excluding duplicate tags issued under Section 46.006 of this code.
2-12 (b) A person may not:
2-13 (1) use the same finfish tag on more than one finfish;
2-14 (2) use a finfish tag issued in the name of another;
2-15 (3) use a tag on a finfish for which another tag is
2-16 specifically required; or
2-17 (4) take a finfish required to be tagged and fail to
2-18 immediately attach a properly executed tag to the finfish in the
2-19 manner prescribed by the commission.
2-20 Sec. 46.009. LICENSE DEPUTIES. Employees of the department,
2-21 county clerks, and any person designated by the department to issue
2-22 licenses and tags are license deputies and may issue licenses and
2-23 tags under this subchapter. An employee of the department may not
2-24 retain a collection or issuance fee.
2-25 Sec. 46.010. DUTIES OF LICENSE DEPUTIES. The license deputy
2-26 shall:
2-27 (1) fill out correctly and preserve for the use of the
2-28 department the stubs attached to the license or tag; and
2-29 (2) keep a complete and correct record of all licenses
2-30 or tags issued, showing the name and residence of each licensee,
2-31 the serial number of the license, and the date of issuance of the
2-32 license or tag.
2-33 Sec. 46.011. MONTHLY REPORT. (a) After the end of each
2-34 calendar month, license deputies shall send to the department a
2-35 report in a form and manner prescribed by the department.
2-36 (b) The department shall credit the license deputy with the
2-37 amount remitted.
2-38 Sec. 46.012. LICENSE BOOKS. <(b)> Unissued licenses or
2-39 tags shall be returned on the request of the department.
2-40 Sec. 46.013. ISSUANCE OR ACCEPTANCE OF LICENSE. No person
2-41 may issue or accept a license or tag required by this subchapter
2-42 except on a form provided by the department.
2-43 Sec. 46.014. FISHING UNDER THE LICENSE OF ANOTHER. No
2-44 person may fish under a license issued to another or allow another
2-45 person to fish under a license issued to him.
2-46 Sec. 46.015. PENALTY. (a) A person who violates a
2-47 provision of this subchapter or, except as provided by Subsection
2-48 (b) of this section, who fails or refuses to show an officer his
2-49 license or tag on the request of the officer commits an offense
2-50 that is a Class C Parks and Wildlife Code misdemeanor.
2-51 (b) If on or before the trial of any person charged with the
2-52 failure or refusal to show an officer a license or tag issued under
2-53 this subchapter, the person produces for the court or the
2-54 prosecuting attorney the proper fishing license or tag issued to
2-55 the person and valid at the time of the offense, the court having
2-56 jurisdiction of the suit shall dismiss the charge.
2-57 SECTION 2. Section 47.0111, Parks and Wildlife Code, is
2-58 amended to read as follows:
2-59 Sec. 47.0111. PURCHASE OF AQUATIC PRODUCTS BY RETAIL FISH
2-60 DEALERS. No retail fish dealer may purchase for resale or receive
2-61 for sale, barter, exchange, or any other commercial purposes any
2-62 aquatic products from any person or entity in this state unless he
2-63 purchases the product from the holder of:
2-64 (1) a wholesale fish dealer's license; or
2-65 (2) <a general commercial fisherman's license; or>
2-66 <(3)> a fish farmer's license, except that a retail
2-67 fish dealer may make written application to the department and
2-68 shall receive a permit allowing that dealer to purchase aquatic
2-69 products from the holder of a general commercial fisherman's
2-70 license. Any dealer receiving this permit must abide by all other
3-1 applicable laws, including statistical reporting requirements
3-2 outlined in Section 66.019 of this code.
3-3 SECTION 3. This Act takes effect September 1, 1993.
3-4 SECTION 4. The importance of this legislation and the
3-5 crowded condition of the calendars in both houses create an
3-6 emergency and an imperative public necessity that the
3-7 constitutional rule requiring bills to be read on three several
3-8 days in each house be suspended, and this rule is hereby suspended,
3-9 and that this Act take effect and be in force according to its
3-10 terms, and it is so enacted.
3-11 * * * * *
3-12 Austin,
3-13 Texas
3-14 March 16,
3-15 1993
3-16 Hon. Bob Bullock
3-17 President of the Senate
3-18 Sir:
3-19 We, your Committee on Natural Resources to which was referred S.B.
3-20 No. 441, have had the same under consideration, and I am instructed
3-21 to report it back to the Senate with the recommendation that it do
3-22 not pass, but that the Committee Substitute adopted in lieu thereof
3-23 do pass and be printed.
3-24 Sims,
3-25 Chairman
3-26 * * * * *
3-27 WITNESSES
3-28 FOR AGAINST ON
3-29 ___________________________________________________________________
3-30 Name: Gene McCurty x
3-31 Representing: TPWD
3-32 City: Austin
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3-34 Name: Dick G. Ingram x
3-35 Representing: GCCA
3-36 City: Nueces
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3-38 Name: Hal R. Osburn x
3-39 Representing: Tx. Parks and Wildlife Dept.
3-40 City: Austin
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