By Saunders H.B. No. 1390
74R4375 PAM-F
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to requiring a quail stamp for hunting quail; providing a
1-3 penalty.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Chapter 43, Parks and Wildlife Code, is amended
1-6 by adding Subchapter R to read as follows:
1-7 SUBCHAPTER R. QUAIL STAMP
1-8 Sec. 43.601. DEFINITION. In this subchapter, "quail" means
1-9 a bobwhite quail, scaled quail, Mearn's quail, or Gambel's quail.
1-10 Sec. 43.602. APPLICATION. This subchapter applies only to a
1-11 wild quail for which:
1-12 (1) the department declares a hunting season; and
1-13 (2) no special permit or hunting stamp, excluding the
1-14 stamp required by this subchapter, is required by this code.
1-15 Sec. 43.603. QUAIL STAMP REQUIRED. (a) Except as provided
1-16 by Subsection (b) or (c), no person may hunt quail unless the
1-17 person has in the person's possession a quail stamp issued to the
1-18 person by the department.
1-19 (b) The commission by regulation may exempt a person from
1-20 the stamp requirement of this section.
1-21 (c) A stamp issued under this subchapter is valid for the
1-22 period from September 1 through the following August 31, or other
1-23 period set by the commission.
1-24 Sec. 43.604. DESIGN AND ISSUANCE OF STAMP. (a) The
2-1 department or its agent may issue a quail stamp to a person on the
2-2 payment to the department of $7 or an amount set by the commission,
2-3 whichever amount is more. The stamp must be signed on its face by
2-4 the person using the stamp for the stamp to be valid for hunting
2-5 purposes. The commission by regulation may prescribe alternate
2-6 identification requirements for a person who purchases a stamp
2-7 issued from an automated dispenser.
2-8 (b) The department may issue an edition of the stamp that is
2-9 not valid for hunting. The commission may set the amount to be
2-10 charged for the nonhunting edition of the stamp.
2-11 (c) The commission shall prescribe by regulation the form,
2-12 design, and manner of the issuance of the stamp. The department
2-13 shall retain the reproduction rights to the design.
2-14 (d) The commission may contract with and pay a person for
2-15 designing and producing the stamp authorized by this subchapter.
2-16 Sec. 43.605. HUNTING LICENSE ALSO REQUIRED. The purchase or
2-17 possession of a quail stamp does not permit a person to hunt quail
2-18 without the license required by Chapter 42 or at a time or by means
2-19 not authorized by this code.
2-20 Sec. 43.606. DISPOSITION OF STAMP FEES. (a) Fifty cents of
2-21 the fee collected under this subchapter or an amount set by the
2-22 commission, whichever amount is more, may be retained by an agent
2-23 of the department, other than a department employee, as a
2-24 collection fee. The commission may set the amount that may be
2-25 retained by an agent of the department, other than a department
2-26 employee, as a collection fee for a nonhunting edition of the
2-27 stamp.
3-1 (b) After deduction of any collection fee, the net receipts
3-2 from stamp sales shall be sent to the department.
3-3 Sec. 43.607. QUAIL STAMP ACCOUNT. (a) The quail stamp
3-4 account is a separate account in the general revenue fund.
3-5 Sections 403.094 and 403.095, Government Code, do not apply to the
3-6 quail stamp account.
3-7 (b) The department shall deposit the quail stamp sale
3-8 receipts to the credit of the quail stamp account.
3-9 (c) Money in the account may be spent only for:
3-10 (1) research, management, and protection of quail; or
3-11 (2) acquisition, lease, and development of quail
3-12 habitat in this state.
3-13 Sec. 43.608. ADVISORY COMMITTEE. (a) The commission shall
3-14 establish an advisory committee to assist the commission in
3-15 regulating the expenditure of funds in the quail stamp account.
3-16 The advisory committee shall make recommendations to expend funds
3-17 equitably for the benefit of all quail species.
3-18 (b) The department shall annually report to the advisory
3-19 committee the itemized revenues received from the sale of quail
3-20 stamps and the expenditures made from the quail stamp account.
3-21 (c) A member of the advisory committee serves at the
3-22 pleasure of the commission. A member is not entitled to
3-23 compensation, but is entitled to reimbursement of the member's
3-24 travel expenses as provided in the General Appropriations Act.
3-25 Sec. 43.609. REFUSAL TO SHOW STAMP. A person hunting quail
3-26 who fails or refuses on demand of a game warden or peace officer to
3-27 show a quail stamp or proof that the person is exempt from the
4-1 requirements of this subchapter is presumed to be in violation of
4-2 Section 43.603.
4-3 Sec. 43.610. PENALTY. A person who violates Section 43.603
4-4 commits an offense that is a Class C Parks and Wildlife Code
4-5 misdemeanor.
4-6 SECTION 2. This Act takes effect September 1, 1995.
4-7 SECTION 3. The Texas Parks and Wildlife Commission may set
4-8 the amount for a stamp issued after the effective date of this Act
4-9 that expires before the 12-month period provided by this Act at an
4-10 amount less than the amount required by Section 43.604, Parks and
4-11 Wildlife Code, as added by this Act.
4-12 SECTION 4. The importance of this legislation and the
4-13 crowded condition of the calendars in both houses create an
4-14 emergency and an imperative public necessity that the
4-15 constitutional rule requiring bills to be read on three several
4-16 days in each house be suspended, and this rule is hereby suspended.
4-17 COMMITTEE AMENDMENT NO. 1
4-18 Amend H.B. 1390, Section 1, as follows:
4-19 SECTION 1. Delete subsection (c) of Sec. 43.608, Parks and
4-20 Wildlife Code.
4-21 Turner of Coleman
4-22 COMMITTEE AMENDMENT NO. 2
4-23 Amend H.B. 1390 in Section 1 of the bill, in proposed Section
4-24 43.607, Parks and Wildlife Code, by striking proposed subsection
4-25 (c) (Introduced version, page 3, lines 9-12) and substituting the
4-26 following:
4-27 (c) Money in the account may be spent only for:
5-1 (1) research, management, protection of quail, and
5-2 development of quail habitat on public land in the state;
5-3 (2) development of private land for quail habitat in
5-4 the state, with landowner consent and public access to the land.
5-5 Turner of Coleman
5-6 COMMITTEE AMENDMENT NO. 3
5-7 Amend H.B. 1390, Section 1, as follows:
5-8 On page 1, line 16, strike "(b) or (c)" and substitute "(b),
5-9 (c), (d) or (e)".
5-10 On page 1, between lines 18 and 19, insert new Subsections
5-11 (b) and (c), as follows, and renumber the subsequent sections
5-12 accordingly:
5-13 (b) A person younger than 17 years of age is not required to
5-14 have a quail stamp.
5-15 (c) A person is not required to have a quail stamp if the
5-16 person is hunting quail in the county of the person's residence.
5-17 Turner of Coleman