BILL ANALYSIS
C.S.H.B. 2216
By: Kuempel (Armbrister)
Natural Resources
05-18-95
Senate Committee Report (Substituted)
BACKGROUND
The amount of issuance and collection fees retained by license
deputies for the sale of hunting and fishing licenses is set by
statute. The legislature places constraints on the types of
licenses the Texas Parks and Wildlife Commission may issue. In
addition to these statutory restrictions, current law regulating
the sale of licenses, stamps, and tags does not accommodate sales
by point-of-sale systems or by telephone.
PURPOSE
As proposed, C.S.H.B. 2216 amends regulations regarding the
issuance of licenses and stamps under the Parks and Wildlife Code.
RULEMAKING AUTHORITY
It is the committee's opinion that rulemaking authority is granted
to the Parks and Wildlife Commission in the Parks and Wildlife Code
under SECTION 3 [Sections 12.702(b), 12.703(c), and 12.705(c)],
SECTION 5 [Section 42.006], SECTION 14 [Section 42.0175(a)],
SECTION 15[Section 42.0177], SECTION 17 [Section 43.011(a)],
SECTION 18 [Sections 43.012(c) and (d)], SECTION 20 [Section
43.045], SECTION 22 [Section 43.0722(f)], SECTION 24 [Sections
43.201(a), (d), and (e)], SECTION 26 [Section 43.251(a)], SECTION
27 [Sections 43.252(d) and (e)], SECTION 29 [Section 43.302(a)],
SECTION 30 [Sections 43.303(d) and (e)], SECTION 32 [Section
43.402(a)], SECTION 33 [Section 43.403(d)], SECTION 34 [Section
43.4035(a)], SECTION 36 [Section 43.502(a)], SECTION 37 [Section
43.503(d)], SECTION 39 [Section 43.508(a)], SECTION 41 [Section
43.581(b)], SECTION 42 [Sections 43.582(b) and (c)], SECTION 45
[Section 44.003], SECTION 47 [Section 45.002(c)], SECTION 49
[Section 46.001], SECTION 54 [Section 46.007(a)], SECTION 55
[Section 46.0085], SECTION 56 [Section 46.0086(c)], SECTION 61
[Section 47.031(a)], SECTION 64 [Section 50.0021(a)], SECTION 65
[Section 50.004(a)], SECTION 66 [Section 65.0071], SECTION 68
[Section 71.010], SECTION 70 [Section 76.1031(a)], SECTION 75
[Sections 77.0361(a) and (b)], and SECTION 76 [Section 78.002(b)]
of this bill.
SECTION BY SECTION ANALYSIS
SECTION 1. Amends Section 11.056(a), Parks and Wildlife Code, to
provide that the price of a wildlife art decal or stamp sold under
this subchapter is $5.00 or an amount set by the Parks and Wildlife
Commission (commission), whichever is more. Authorizes the Parks
and Wildlife Department (department) to issue other editions of the
stamp and decal at amounts set by the commission.
SECTION 2. Amends Chapter 12B, Parks and Wildlife Code, by adding
Section 12.119, as follows:
Sec. 12.119. VIOLATION OF COMMISSION RULE ON POSSESSION OF
LICENSE; PENALTY. (a) Provides that a person commits an
offense by violating a commission rule relating to possessing
a license or stamp required for hunting wildlife resources or
for catching aquatic life.
(b) Provides that an offense under this section is Class C
Parks and Wildlife misdemeanor.
SECTION 3. Amends Chapter 12, Parks and Wildlife Code, by adding
Subchapter H, as follows:
SUBCHAPTER H. LICENSE DEPUTIES
Sec. 12.701. ISSUANCE OF LICENSE, STAMP, PERMIT, OR TAG BY
LICENSE DEPUTIES. Authorizes the department to authorize the
issuance of a license, stamp, permit, or tag (license) by a
license deputy (deputy).
Sec. 12.702. LICENSE DEPUTIES; FEES. (a) Provides that a
department employee, county clerk, or other person designated
or contracted by the department to issue and collect money
received by a license is a deputy. Authorizes the deputy to
issue and collect money for a license, including a special
stamp or decal.
(b) Authorizes the commission, by rule, to set collection
and issuance fees for a license. Prohibits the commission
from setting any collection or issuance fee for deputies at
amounts less than amounts effective June 1, 1995. Provides
that the collection or issuance fee set under this section
prevails in a conflict with a collection or issuance fee of
another section.
Sec. 12.703. POINT-OF-SALE SYSTEM. (a) Authorizes the
department to issue a license through the use of automated
equipment and a point-of-sale system.
(b) Authorizes a department to designate an entity to
install the system for the issuance of a license.
Authorizes a designated entity to collect revenue for the
department from deputies.
(c) Authorizes the commission, by rule, to set the amount of
compensation for a point-of-sale entity. Authorizes the
compensation to include an amount to be retained by the
entity from the fee collected for each item issued by the
entity.
Sec. 12.704. DUTIES OF LICENSE DEPUTIES. Sets forth
required duties of a deputy.
Sec. 12.705. LICENSE, STAMP, PERMIT, AND TAG SALES REPORTS.
(a) Requires a deputy to send the department a report on a
form and in the manner described by the department after the
end of each calendar month or any other time designated by the
department.
(b) Requires a deputy to furnish any other material or
information required by the deputy's agreement with
department.
(c) Authorizes the commission, by rule, to establish
penalties for delinquent payments or reports from deputies
and to establish payment discounts for timely payments or
reports from deputies.
Sec. 12.706. UNISSUED ITEMS. Requires a deputy to return to
the department, at its request, unissued licenses or equipment
furnished to the deputy by the department.
Sec. 12.707. ISSUANCE OR ACCEPTANCE OF LICENSE, STAMP,
PERMIT, OR TAG. Prohibits any person from issuing or
accepting a license except a form prescribed by the
department.
SECTION 4. Amends Section 42.002(a), Parks and Wildlife Code, to
delete language prohibiting a person from hunting an animal without
having a valid hunting license in that person's immediate
possession. Makes a nonsubstantive change.
SECTION 5. Amends Chapter 42, Parks and Wildlife Code, by adding
Section 42.006, as follows:
Sec. 42.006. POSSESSION OF LICENSE: RULES. Authorizes the
commission, by rule, to prescribe requirements relating to
possessing a license.
SECTION 6. Amends Section 42.010(b), Parks and Wildlife Code, to
delete language authorizing the commission to establish collection
fees for agents issuing tags for animals allowed, by law, to be
killed.
SECTION 7. Amends Section 42.012(a), Parks and Wildlife Code, to
delete language authorizing 50 cents of the resident hunting
license fee to be retained by an authorized agent, other than a
department employee, that issued the license.
SECTION 8. Amends Section 42.0121, Parks and Wildlife Code, to
delete language authorizing 50 cents of the lifetime resident
hunting license fee to be retained by an authorized agent, other
than a department employee, that issued the license.
SECTION 9. Amends Section 42.014, Parks and Wildlife Code, as
follows:
Sec. 42.014. NONRESIDENT SPECIAL HUNTING LICENSE FEE.
Deletes language authorizing 75 cents of the nonresident
special hunting license fee to be retained by an officer,
other than a department employee, that issued the license.
SECTION 10. Amends Section 42.0141, Parks and Wildlife Code, to
delete language authorizing 75 cents of the general nonresident
hunting license fee to be retained by an officer, other than a
department employee, that issued the license.
SECTION 11. Amends Section 42.0142(b), Parks and Wildlife Code,
to delete language authorizing 75 cents of the nonresident banded
bird hunting license fee to be retained by an authorized agent,
other than a department employee, that issued the license.
SECTION 12. Amends Section 42.0143, Parks and Wildlife Code, to
delete language authorizing 75 cents of the five-day special
hunting license fee to be retained by an authorized agent, other
than a department employee, that issued the license.
SECTION 13. Amends Section 42.017(d), Parks and Wildlife Code,
to delete language authorizing 50 cents of the duplicate license or
tags fee to be retained by an officer, other than a department
employee, that issued the license.
SECTION 14. Amends Section 42.0175(a), Parks and Wildlife Code,
to provide that each yearly period begins on September 1 or on
another date set by the commission and extends through August 31 of
the next year or another date set by the commission. Provides that
a license other than a nonresident five-day special hunting license
that is issued before September 1 or another date set by the
commission and does not expire until August 31 of the next year or
another date set by the commission is valid from the issuance date
through August 31 of the following year or another date set by the
commission. Authorizes the commission, by rule, to set the fee for
a license issued during a transition period at an amount lower than
described by this chapter and to provide for a license term for a
transition that is shorter or longer than a year.
SECTION 15. Amends Chapter 42, Parks and Wildlife Code, by
adding Section 42.0177, as follows:
Sec. 42.0177. BIRD OR ANIMAL TAGS: COMMISSION RULES.
Authorizes the commission, by rule, to modify or eliminate the
tagging requirements of Section 42.018, 42.0185, 42.020, or
other similar tagging requirements in this chapter.
SECTION 16. Amends Sections 42.022(a) and (d), Parks and
Wildlife Code, as follows:
(a) Provides that a violation does not occur unless a person
acquires or possesses more than one license having the same
expiration date.
(d) Makes a conforming change.
SECTION 17. Amends Section 43.011(a), Parks and Wildlife Code,
to prohibit any person from hunting white-winged dove unless the
person has acquired, rather than has in the person's possession, a
white-winged dove stamp. Authorizes the commission, by rule, to
prescribe requirements relating to possessing a stamp.
SECTION 18. Amends Section 43.012, Parks and Wildlife Code, as
follows:
Sec. 43.012. ISSUANCE OF STAMP. (a) Deletes language
authorizing a department agent to issue a white-winged dove
stamp. Authorizes the department to issue other invalid stamp
editions at an amount set by the commission.
(b) Makes a conforming change.
(c) Authorizes the commission, by rule, to prescribe
alternate requirements for identifying the purchaser of a
stamp issued in an automated manner.
(d) Provides that a white-winged dove stamp is valid for
hunting only during a yearly period for which the stamp is
issued. Sets forth the yearly period for a white-winged
dove stamp. Authorizes the commission, by rule, to set the
stamp fee amount for a stamp issued during a transition
period and to provide the stamp term for a transition
period.
SECTION 19. Amends Section 43.014, Parks and Wildlife Code, to
delete existing Subsection (a) authorizing 50 cents of the fee
collected under this subchapter to be retained by a department
agent, other than a department employee. Redesignates existing
Subsections (b) and (c) as Subsections (a) and (b).
SECTION 20. Amends Section 43.045, Parks and Wildlife Code, to
provide the duration of a hunting license. Authorizes the
commission, by rule, to set the license fee amount for a license
issued during a transition period and to provide the license term
for a transition period.
SECTION 21. Amends Section 43.0485(d) Parks and Wildlife Code,
to require a hunting lease license holder, by August 31 of a
license year or a date set by the commission, to deliver the record
book to a game warden in the county in which the hunting lease is
located.
SECTION 22. Amends Sections 43.0722(c) and (f), Parks and
Wildlife Code, as follows:
(c) Provides that the fee for a private bird hunting area
license is $60 or an amount set by the commission, whichever
is more. Deletes language setting fees for private bird
hunting area licenses.
(f) Provides the duration of a private bird hunting area
license. Authorizes the commission, by rule, to set the fee
for a private bird hunting area license issued during a
transition period and to provide the license term for a
transition period.
SECTION 23. Amends Section 43.0761(e), Parks and Wildlife Code,
to require the record book to contain all information concerning
hunting activities occurring on the licensed area from September 1
through the following August 31 or another yearly period
established by the commission. Authorizes the commission to
provide for a recording period during a transition period that
corresponds to the license term for the transition period.
SECTION 24. Amends Section 43.201, Parks and Wildlife Code, by
amending Subsections (a) and (b) and by adding Subsections (d) and
(e), as follows:
(a) Authorizes the commission to prescribe requirements
relating to possessing an archery hunting stamp. Makes
nonsubstantive and conforming changes.
(b) Makes a conforming change.
(d) Authorizes the commission, by rule, to prescribe alternate
requirements for identifying the purchaser of an archery
hunting stamp issued in an automated manner.
(e) Provides the duration of an archery hunting stamp.
Authorizes the commission, by rule, to set the fee for an
archery hunting stamp issued during a transition period and to
provide the stamp term for a transition period.
SECTION 25. Amends Section 43.202, Parks and Wildlife Code, to
authorize the department to issue an invalid edition of the archery
hunting stamp in an amount set by the commission. Deletes language
authorizing 50 cents of the archery stamp fee to be retained by a
department agent, other than a department employee, who issued the
stamp.
SECTION 26. Amends Section 43.251(a), Parks and Wildlife Code,
to prohibit any person from hunting turkeys unless the person has
acquired, rather than has in the person's possession, a turkey
stamp. Authorizes the commission, by rule, to prescribe
requirements relating to possessing a stamp.
SECTION 27. Amends Section 43.252, Parks and Wildlife Code, by
amending Subsection (a) and by adding Subsections (d) and (e), as
follows:
(a) Authorizes the department to issue an invalid edition of
the turkey stamp in an amount set by the commission. Makes a
conforming change.
(d) Authorizes the commission, by rule, to prescribe alternate
requirements for identifying the purchaser of a turkey stamp
issued in an automated manner.
(e) Provides the duration of a turkey stamp. Authorizes the
commission, by rule, to set the fee for a turkey stamp issued
during a transition period and to provide the stamp term for
a transition period.
SECTION 28. Amends Section 43.254, Parks and Wildlife Code, to
delete existing Subsection (a) authorizing 50 cents of the fee
collected under this subchapter to be retained by a department
agent, other than a department employee. Redesignates existing
Subsections (b) and (c) as Subsections (a) and (b).
SECTION 29. Amends Section 43.302(a), Parks and Wildlife Code,
to prohibit any person from hunting waterfowl unless the person has
acquired, rather than has in the person's possession, a waterfowl
stamp. Authorizes the commission, by rule, to prescribe
requirements relating to possessing a stamp.
SECTION 30. Amends Section 43.303, Parks and Wildlife Code, by
amending Subsection (a) and by adding Subsections (d) and (e), as
follows:
(a) Deletes language authorizing a department agent to issue
a waterfowl stamp. Authorizes the department to issue other
invalid stamp editions at an amount set by the commission.
Makes a conforming and a nonsubstantive change.
(d) Authorizes the commission, by rule, to prescribe alternate
requirements for identifying the purchaser of a waterfowl
stamp issued in an automated manner.
(e) Provides the duration of a waterfowl stamp. Authorizes
the commission, by rule, to set the fee for a waterfowl stamp
issued during a transition period and to provide the stamp
term for a transition period.
SECTION 31. Amends Section 43.305, Parks and Wildlife Code, to
delete existing Subsection (a) authorizing 50 cents of the fee
collected under this subchapter to be retained by a department
agent, other than a department employee. Redesignates existing
Subsections (b) and (c) as Subsections (a) and (b).
SECTION 32. Amends Section 43.402(a), Parks and Wildlife Code,
to prohibit any person from sport fishing in saltwater unless the
person has acquired, rather than has in the person's possession, a
saltwater sportfishing stamp. Authorizes the commission, by rule,
to prescribe requirements relating to possessing a stamp.
SECTION 33. Amends Section 43.403, Parks and Wildlife Code, by
amending Subsection (a) and by adding Subsection (d), as follows:
(a) Deletes language authorizing a department agent to issue
a saltwater sportfishing stamp. Authorizes the department to
issue other invalid stamp editions at an amount set by the
commission. Makes a conforming change.
(d) Authorizes the commission, by rule, to prescribe alternate
requirements for identifying the purchaser of a saltwater
sportfishing stamp issued in an automated manner.
SECTION 34. Amends Section 43.4035, Parks and Wildlife Code, as
follows:
Sec. 43.4035. EXPIRATION OF STAMP. (a) Provides the
duration of a saltwater sportfishing stamp. Authorizes the
commission, by rule, to set the fee for a saltwater
sportfishing stamp issued during a transition period and to
provide the stamp term for a transition period.
(b) Provides that a saltwater sportfishing stamp issued
before September 1 or another date set by the commission and
does not expire until August 31 of the next year or another
date set by the commission is valid from the issuance date
through August 31 of the following year or another date set
by the commission.
(c) Redesignates existing Subsection (b).
SECTION 35. Amends Section 43.405, Parks and Wildlife Code, to
delete existing Subsection (a) requiring 50 cents of the fee
collected under this subchapter to be retained by a department
agent, other than a department employee. Redesignates existing
Subsections (b) and (c) as Subsections (a) and (b).
SECTION 36. Amends Section 43.502(a), Parks and Wildlife Code,
to prohibit any person from taking or attempting to take trout from
public waters unless the person has acquired, rather than without
having in that person's possession, a fresh water trout stamp
issued to that person by the department. Authorizes the
commission, by rule, to prescribe requirements relating to
possessing a stamp.
SECTION 37. Amends Section 43.503, Parks and Wildlife Code, by
amending Subsection (a) and by adding Subsection (d), as follows:
(a) Deletes language authorizing a department agent to issue
a fresh water trout stamp. Authorizes the department to issue
other invalid stamp editions at an amount set by the
commission. Makes a conforming change.
(d) Authorizes the commission, by rule, to prescribe alternate
requirements for identifying the purchaser of a fresh water
trout stamp issued in an automated manner.
SECTION 38. Amends Section 43.505, Parks and Wildlife Code, to
delete existing Subsection (a) authorizing 50 cents of the fee
collected under this subchapter to be retained by a department
agent, other than a department employee. Redesignates existing
Subsections (b) and (c) as Subsections (a) and (b).
SECTION 39. Amends Chapter 43N, Parks and Wildlife Code, by
adding Section 43.508, as follows:
Sec. 43.508. EXPIRATION OF STAMP. (a) Provides the duration
of a fresh water trout stamp. Authorizes the commission, by
rule, to set the fee for a fresh water trout stamp issued
during a transition period and to provide the stamp term for
a transition period.
(b) Provides that a freshwater trout stamp issued before
September 1 or another date set by the commission and does
not expire until August 31 of the next year or another date
set by the commission is valid from the issuance date
through August 31 of the following year or another date set
by the commission.
(c) Provides that a freshwater trout stamp issued in
conjunction with a license issued under Section 46.005 or
46.0051 expires at the same the license expires or on the
expiration date printed on the stamp, whichever is later.
SECTION 40. Amends Section 43.524, Parks and Wildlife Code, to
delete existing Subsection (a) authorizing 50 cents of each
conservation permit fee collected under Section 43.522 to be
retained by a department agent, other than a department employee,
as a collection fee. Redesignates existing Subsections (b) and (c)
as Subsections (a) and (b). Makes a nonsubstantive change.
SECTION 41. Amends Section 43.581, Parks and Wildlife Code, as
follows:
Sec. 43.581. MUZZLELOADER HUNTING STAMP REQUIRED. (a)
Prohibits any person from hunting wild deer, turkey, or
javalina unless the person has acquired, rather than has in
the person's possession, a muzzleloader hunting stamp.
Authorizes the commission, by rule, to prescribe requirements
relating to possessing a stamp. Makes a conforming change.
(b) Authorizes the commission, by rule, to exempt a person
from the stamp requirement of this section.
SECTION 42. Amends Section 43.582, Parks and Wildlife Code, as
follows:
Sec. 43.582. ISSUANCE AND FORM OF STAMP. (a) Deletes
language authorizing a department agent to issue a
muzzleloader hunting stamp. Requires the stamp to be issued
in a form and manner prescribed by the department. Requires
the stamp to be signed by the person using it, rather than by
the person to whom the stamp was issued. Authorizes the
department to issue other invalid stamp editions at an amount
set by the commission. Makes a conforming change.
(b) Authorizes the commission, by rule, to prescribe
alternate requirements for identifying the purchaser of a
muzzleloader hunting stamp issued in an automated manner.
(c) Provides the duration of a muzzleloader hunting stamp.
Authorizes the commission, by rule, to set the fee for a
muzzleloader hunting stamp issued during a transition period
and to provide the stamp term for a transition period.
SECTION 43. Amends Section 43.583, Parks and Wildlife Code, to
authorize the commission to set a different amount for another
edition of the stamp issued under Section 43.582.
SECTION 44. Amends Section 43.585, Parks and Wildlife Code, to
delete existing Subsection (a) authorizing 50 cents of a fee
collected under this subchapter to be retained by a department
agent, other than a department employee, as a collection fee.
Redesignates existing Subsection (b) as Subsection (a).
SECTION 45. Amends Section 44.003, Parks and Wildlife Code, to
provide the duration of a game breeder's license. Authorizes the
commission, by rule, to set the fee for a game breeder's license
issued during a transition period and to provide the license term
for a transition period.
SECTION 46. Amends Section 44.007, Parks and Wildlife Code, as
follows:
Sec. 44.007. RECORDS. (a) Requires each game breeder to
keep a written record containing certain information for the
period from August 1 until the following July 31 or another
yearly period established by the commission.
(b) Requires a game breeder, during August or another month
set by the commission of a year but before August 31 or
another date established by the commission, to send the
department a report showing information required by this
section.
SECTION 47. Amends Section 45.002(c), Parks and Wildlife Code,
to provide the duration of a game bird propagating license.
Authorizes the commission, by rule, to set the fee for a game bird
propagating license issued during a transition period and to
provide the license term for a transition period.
SECTION 48. Amends Section 45.008(b), Parks and Wildlife Code,
to require a game breeder, during August of each year or another
month set by the commission but before August 31 or another date
established by the commission, to send the department a report
showing certain information. Provides that the report period is
from August 1 of the preceding year through July 31 of the current
year or another yearly period established by the commission.
SECTION 49. Amends Section 46.001, Parks and Wildlife Code, to
authorize the commission, by rule, to prescribe requirements
relating to possessing a fishing license. Makes a nonsubstantive
change.
SECTION 50. Amends Section 46.0045, Parks and Wildlife Code, to
delete language authorizing the commission, by rule, to establish
issuance and collection fees for deputies issuing tags.
SECTION 51. Amends Section 46.005, Parks and Wildlife Code, as
follows:
Sec. 46.005. New heading: TEMPORARY SPORTFISHING LICENSES.
(a) Entitles a person designated by the commission, among
others, to receive a license from the department allowing
sportfishing in public water for a period of 14 days or other
period set by the commission. Authorizes the commission to
authorize more than one type of license under this subsection.
Authorizes the commission to prescribe the categories of
persons to whom licenses may be issued.
(b) Provides that the fee for a temporary sportfishing
license is an amount set by the commission. Deletes
language regarding the fee for a sportfishing license.
Deletes language authorizing fifty cents to be retained by
the issuing officer, other than a department employee, as a
collection fee.
SECTION 52. Amends Section 46.0051, Parks and Wildlife Code, to
make conforming changes.
SECTION 53. Amends Section 46.006(b), Parks and Wildlife Code,
to delete language requiring an application for a duplicate license
to be an affidavit containing the serial number of the lost or
destroyed tag, among other information.
SECTION 54. Amends Section 46.007, Parks and Wildlife Code, to
provide the duration of a fishing license. Authorizes the
commission, by rule, to set the fee for a fishing license issued
during a transition period and to provide the license term for a
transition period. Makes conforming changes. Redesignates
existing Subsections (c)-(e) as Subsections (d)-(f).
SECTION 55. Amends Section 46.0085, Parks and Wildlife Code, as
follows:
Sec. 46.0085. New heading: FORM AND ISSUANCE OF LICENSES AND
TAGS. (a) Requires the department to issue and prescribe the
form and manner of the licenses and tags. Authorizes the
commission, by rule, to prescribe identification and
compliance requirements.
(b) Provides that a license and tag are not valid until the
person to whom they are issued completes all the required
information on the license and tag.
(c) Authorizes the department to issue tags for finfish
species to be taken to fishing license holders or other
categories of persons.
SECTION 56. Amends Section 46.0086, Parks and Wildlife Code, as
follows:
Sec. 46.0086. FINFISH TAGS; PROHIBITED ACTS. (a) Makes no
changes.
(b) Makes nonsubstive changes.
(c) Authorizes the commission, by rule, to modify or
eliminate the requirements of this section.
SECTION 57. Amends Section 46.102, Parks and Wildlife Code, to
delete language prohibiting a person from catching fish in Lake
Texoma unless the person possesses on his person a valid license
issued under this subchapter. Authorizes the commission, by rule,
to prescribe requirements relating to possessing a fishing license
required by this subchapter.
SECTION 58. Amends Section 46.104(b), Parks and Wildlife Code,
to delete language authorizing 75 cents of the fishing license fee
to be retained by the issuing officer, other than a department
employee.
SECTION 59. Amends Section 46.105(b), Parks and Wildlife Code,
to delete language authorizing 15 cents of the fishing license fee
to be retained by the issuing officer, other than a department
employee.
SECTION 60. Amends Section 47.007(e), Parks and Wildlife, to
provide that the fee for a commercial fishing boat license for a
boat that lists an address in Texas for the boat owner, rather than
a home port in this state, or other criteria established by the
commission, among other requirements, is $60 or an amount set by
the commission, whichever is more.
SECTION 61. Amends Section 47.031(a), Parks and Wildlife Code,
to provide the duration of all licenses and permits issued under
this section. Authorizes the commission, by rule, to set the fee
for a license issued during a transition period and to provide the
license term for a transition period.
SECTION 62. Amends Section 50.001, Parks and Wildlife Code, by
adding Subsection (c), to require the commission to establish
combination licenses or license packages for hunting, fishing, and
other activities. Authorizes the commission to set the fees for
the combination licenses or license packages. Requires the fees to
be less than the fees for individual licenses, permits, or stamps
that are combined in the combination licenses or license packages.
SECTION 63. Amends Section 50.0011, Parks and Wildlife Code, to
redefine "resident."
SECTION 64. Amends Sections 50.0021(a) and (b), Parks and
Wildlife Code, as follows:
(a) Provides the duration of a licenses required or authorized
under this chapter. Authorizes the commission, by rule, to
set the fee for a license issued during a transition period
and to provide the license term for a transition period.
(b) Makes conforming changes.
SECTION 65. Amends Section 50.004(a), Parks and Wildlife Code,
to require the department to issue and prescribe the form and
manner of issuance of the combination hunting and fishing license.
Authorizes the commission, by rule, to prescribe identification and
compliance requirements.
SECTION 66. Amends Chapter 65, Parks and Wildlife Code, by
adding Section 65.0071, as follows:
Sec. 65.0071. EXPIRATION OF LICENSES. Provides the duration
of an alligator hunter's license. Authorizes the commission,
by rule, to set the fee for an alligator hunter's license
issued during a transition period and to provide the license
term for a transition period.
SECTION 67. Amends Section 66.017(a), Parks and Wildlife Code,
to provide the duration of a license issued under this chapter.
Authorizes the commission, by rule, to set the fee for a license
issued under this chapter during a transition period and to provide
the license term for a transition period.
SECTION 68. Amends Section 71.010, Parks and Wildlife Code, to
provide the duration of a trapping license. Authorizes the
commission, by rule, to set the fee for a trapping license during
a transition period and to provide the license term for a
transition period.
SECTION 69. Amends Section 76.103, Parks and Wildlife Code, to
make a conforming change.
SECTION 70. Amends Section 76.1031(a), Parks and Wildlife Code,
to provide the duration of a commercial oyster boat license,
commercial oyster boat captain's license, sport oyster boat
license, or commercial oyster fisherman's license (oyster
licenses). Authorizes the commission, by rule, to set the fee for
oyster licenses during a transition period and to provide the
license term for a transition period.
SECTION 71. Amends Sections 76.104(e) and (f), Parks and
Wildlife Code, to make conforming changes.
SECTION 72. Amends Section 77.031(d), Parks and Wildlife Code,
to make a conforming change.
SECTION 73. Amends Section 77.033(c), Parks and Wildlife Code,
to make a conforming change.
SECTION 74. Amends Section 77.035(c), Parks and Wildlife Code,
to make a conforming change.
SECTION 75. Amends Section 77.0361, Parks and Wildlife Code, as
follows:
Sec. 77.0361. LICENSE EXPIRATIONS AND TRANSFERS. (a)
Provides the duration of licenses issued under the authority
of this chapter. Authorizes the commission, by rule, to set
the fee for licenses issued under the authority of this
chapter during a transition period and to provide the license
term for a transition period.
(b) Deletes existing Subsection (b) regarding the expiration
of commercial bay shrimp boat licenses issued during a
certain period. Redesignates existing Subsection (c) to
authorize the commission, by rule, rather than regulation,
to prescribe requirements necessary for license transfers
and to prescribe, by rule, rather than regulation, forms to
be used and fees to be charged for license transfers,
duplications, or replacements.
SECTION 76. Amends Section 78.002(b), Parks and Wildlife Code,
to provide the duration of commercial mussel and clam fisherman's
licenses and resident or nonresident shell buyer's licenses.
Authorizes the commission, by rule, to set the fee for these
licenses during a transition period and to provide the license term
for a transition period.
SECTION 77. Amends Sections 78.003(e) and (f), Parks and
Wildlife Code, to delete existing Subsection (e) regarding the
expiration of a shell buyer's license. Redesignates existing
Subsection (f).
SECTION 78. Amends Section 11.0271, Parks and Wildlife Code, as
follows:
Sec. 11.0271. PUBLIC HUNTING DRAWING; FEES. (a) Created
from existing text.
(b) Authorizes the commission to approve participation fees,
not to exceed $25 per species for each applicant on an
application, in drawings for special hunting programs,
packages, or events that exceed the cost of operating the
drawing only if the fees charged are designated for use in
the management and restoration efforts of the specific
wildlife program implementing each special hunting program,
package, or event.
SECTION 79. Amends Section 47.02(c), Penal Code, to provide that
it is a defense to prosecution under this section that the actor,
among other beliefs, believed that the conduct consisted entirely
of participation in a drawing for hunting privileges under the
Parks and Wildlife Code. Makes a nonsubstantive change.
SECTION 80. Repealer: Sections 11.056(c), 42.011, 46.004(d),
46.006(c), 46.009, 46.010, 46.011, 46.012, 50.002(c), 71.013, and
78.002(f), Parks and Wildlife Code (Relating to the retainment of
a collection fee by an authorized agent-Issuance of Licenses
Stamps, and Tags by Agents-Relating to the retainment of a
collection fee by a deputy-Relating to the retainment of a
collection fee by a deputy-License Deputies-Duties of License
Deputies-Monthly Report-License Books-Relating to the retainment of
a collection fee by an authorized agent-Fees of Issuing Agents-Relating to the expiration of a commercial mussel and clam
fisherman's license).
SECTION 81. (a) Effective date: upon passage, except as
otherwise provided.
(b) Requires the commission to adopt rules to implement the
changes made in law by this Act immediately after the
effective date.
(c) Makes this Act applicable to fees for licenses issued for
the licensing period beginning September 1, 1995, except that
Sections 58 and 59 apply only to fees collected for licenses
issued for the licensing period beginning January 1, 1996.
SECTION 82. Emergency clause.
Effective date: upon passage.