1-1 By: Harris of Dallas S.B. No. 521 1-2 (In the Senate - Filed March 1, 1993; March 1, 1993, read 1-3 first time and referred to Committee on Natural Resources; 1-4 April 15, 1993, reported favorably by the following vote: Yeas 9, 1-5 Nays 0; April 15, 1993, sent to printer.) 1-6 COMMITTEE VOTE 1-7 Yea Nay PNV Absent 1-8 Sims x 1-9 Truan x 1-10 Armbrister x 1-11 Barrientos x 1-12 Bivins x 1-13 Brown x 1-14 Carriker x 1-15 Lucio x 1-16 Montford x 1-17 Ratliff x 1-18 Shelley x 1-19 A BILL TO BE ENTITLED 1-20 AN ACT 1-21 relating to the requirement for a muzzleloader hunting stamp; 1-22 providing a penalty. 1-23 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-24 SECTION 1. Chapter 43, Parks and Wildlife Code, is amended 1-25 by adding Subchapter Q to read as follows: 1-26 SUBCHAPTER Q. MUZZLELOADER HUNTING STAMP 1-27 Sec. 43.581. MUZZLELOADER HUNTING STAMP REQUIRED. No person 1-28 may hunt wild deer, turkey, or javelina (collared peccary) during 1-29 an open season prescribed by law or by proclamation of the 1-30 commission during which only muzzleloaders may be used for hunting 1-31 unless the person has in the person's possession a muzzleloader 1-32 hunting stamp. 1-33 Sec. 43.582. ISSUANCE AND FORM OF STAMP. The department or 1-34 its agent may issue a muzzleloader hunting stamp. The stamp shall 1-35 be issued in a form prescribed by the department. The stamp must 1-36 be signed on its face by the person to whom it is issued for the 1-37 stamp to be valid for hunting purposes. 1-38 Sec. 43.583. FEE. The fee for a muzzleloader stamp is $10 1-39 or an amount set by the commission, whichever amount is more. 1-40 Sec. 43.584. HUNTING LICENSE REQUIRED. The purchase or 1-41 possession of a muzzleloader hunting stamp does not permit a person 1-42 to hunt wild deer, turkey, or javelina without the license required 1-43 by Chapter 42 of this code or by means not authorized by this code. 1-44 Sec. 43.585. DISPOSITION OF FEES. (a) Fifty cents of a fee 1-45 collected under this subchapter may be retained as a collection fee 1-46 by an agent of the department other than a department employee. 1-47 (b) After deduction of any collection fee, the net receipts 1-48 from stamp sales shall be sent to the department. 1-49 Sec. 43.586. REFUSAL TO SHOW STAMP. A person hunting a 1-50 species named in Section 43.581 of this code during an open 1-51 muzzleloader season who fails or refuses on the demand of any game 1-52 warden or other peace officer to show a valid muzzleloader hunting 1-53 stamp is presumed to be in violation of Section 43.581 of this 1-54 code. 1-55 Sec. 43.587. PENALTY. A person who violates Section 43.581 1-56 of this code commits an offense that is a Class C Parks and 1-57 Wildlife Code misdemeanor. 1-58 SECTION 2. This Act takes effect September 1, 1993. 1-59 SECTION 3. The importance of this legislation and the 1-60 crowded condition of the calendars in both houses create an 1-61 emergency and an imperative public necessity that the 1-62 constitutional rule requiring bills to be read on three several 1-63 days in each house be suspended, and this rule is hereby suspended. 1-64 * * * * * 1-65 Austin, 1-66 Texas 1-67 April 15, 1993 1-68 Hon. Bob Bullock 2-1 President of the Senate 2-2 Sir: 2-3 We, your Committee on Natural Resources to which was referred S.B. 2-4 No. 521, have had the same under consideration, and I am instructed 2-5 to report it back to the Senate with the recommendation that it do 2-6 pass and be printed. 2-7 Truan, 2-8 Vice-Chairman 2-9 * * * * * 2-10 WITNESSES 2-11 FOR AGAINST ON 2-12 ___________________________________________________________________ 2-13 Name: Robert L. Cook x 2-14 Representing: Tx Parks & Wildlife 2-15 City: Austin 2-16 -------------------------------------------------------------------