H.B. No. 2216
1-1 AN ACT
1-2 relating to the issuance of hunting licenses and stamps and the
1-3 conducting of public hunt drawings by the Parks and Wildlife
1-4 Department; providing penalties.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. Section 11.056(a), Parks and Wildlife Code, is
1-7 amended to read as follows:
1-8 (a) The price of a wildlife art decal or stamp sold under
1-9 this subchapter is $5.00 or an amount set by the commission,
1-10 whichever amount is more. The department may issue other editions
1-11 of the stamp and decal at amounts set by the commission.
1-12 SECTION 2. Subchapter B, Chapter 12, Parks and Wildlife
1-13 Code, is amended by adding Section 12.119 to read as follows:
1-14 Sec. 12.119. VIOLATION OF COMMISSION RULE ON POSSESSION OF
1-15 LICENSE; PENALTY. (a) A person commits an offense if the person
1-16 violates a rule adopted by the commission relating to possessing a
1-17 license or stamp otherwise required by this code for hunting
1-18 wildlife resources or for catching aquatic life.
1-19 (b) An offense under this section is a Class C Parks and
1-20 Wildlife misdemeanor.
1-21 SECTION 3. Chapter 12, Parks and Wildlife Code, is amended
1-22 by adding Subchapter H to read as follows:
1-23 SUBCHAPTER H. LICENSE DEPUTIES
1-24 Sec. 12.701. ISSUANCE OF LICENSE, STAMP, PERMIT, OR TAG BY
2-1 LICENSE DEPUTIES. The department may authorize the issuance of a
2-2 license, stamp, permit, or tag by a license deputy.
2-3 Sec. 12.702. LICENSE DEPUTIES; FEES. (a) An employee of
2-4 the department, a county clerk, or another person designated or
2-5 contracted with by the department to issue and collect money
2-6 received for a license, stamp, permit, tag, or other similar item
2-7 is a license deputy and may issue and collect money for a license,
2-8 stamp, permit, tag, or other similar item issued under this code,
2-9 including a special issue stamp or decal.
2-10 (b) The commission by rule may set collection and issuance
2-11 fees for a license, stamp, tag, permit, or other similar item
2-12 issued under any chapter of this code. The commission shall not
2-13 set any collection or issuance fees for license deputies at amounts
2-14 less than the amounts in effect on June 1, 1995. If a collection
2-15 or issuance fee or other similar fee set by another section of this
2-16 code conflicts with this section, the collection or issuance fee
2-17 set under the authority of this section prevails.
2-18 Sec. 12.703. POINT-OF-SALE SYSTEM. (a) The department may
2-19 issue a license, stamp, tag, permit, or another similar item
2-20 authorized by this code through the use of automated equipment and
2-21 a point-of-sale system.
2-22 (b) The department may designate an entity to install the
2-23 system for the issuance of licenses, stamps, permits, tags, or
2-24 other similar items. A designated entity may collect revenue for
2-25 the department from license deputies.
2-26 (c) The commission by rule may set the amount of
2-27 compensation for a point-of-sale entity. The compensation may
3-1 include an amount to be retained by the entity from the fee
3-2 collected for each item issued by the entity.
3-3 Sec. 12.704. DUTIES OF LICENSE DEPUTIES. A license deputy
3-4 shall:
3-5 (1) complete and keep for the use of the department a
3-6 designated copy or other record of the sale of each license, stamp,
3-7 permit, or tag issued;
3-8 (2) keep a record of each license, stamp, permit, or
3-9 tag issued, showing:
3-10 (A) the identification of the purchaser;
3-11 (B) the serial number of the item sold;
3-12 (C) the date of issuance; and
3-13 (D) any other information required by the
3-14 department; and
3-15 (3) perform any other function required by the license
3-16 deputy's agreement with the department.
3-17 Sec. 12.705. LICENSE, STAMP, PERMIT, AND TAG SALES REPORTS.
3-18 (a) After the end of each calendar month or at any other time
3-19 designated by the department, a license deputy shall send to the
3-20 department a report on a form and in the manner prescribed by the
3-21 department.
3-22 (b) A license deputy shall furnish any other information or
3-23 material required by the license deputy's agreement with the
3-24 department.
3-25 (c) The commission by rule may establish reasonable
3-26 penalties for delinquent payments or reports from license deputies
3-27 and may establish payment discounts for timely payments or reports
4-1 from license deputies.
4-2 Sec. 12.706. UNISSUED ITEMS. A license deputy shall return
4-3 to the department, at the department's request, unissued licenses,
4-4 stamps, permits, tags, or any other materials or equipment
4-5 furnished to the license deputy by the department.
4-6 Sec. 12.707. ISSUANCE OR ACCEPTANCE OF LICENSE, STAMP,
4-7 PERMIT, OR TAG. No person may issue or accept a license, stamp,
4-8 permit, or tag required by this code except on a form provided by
4-9 the department.
4-10 SECTION 4. Section 42.002(a), Parks and Wildlife Code, is
4-11 amended to read as follows:
4-12 (a) Except as provided by Subsection (b) of this section, no
4-13 resident may hunt any bird or animal in this state without <first>
4-14 having acquired <and having in the person's immediate possession> a
4-15 <valid> hunting license.
4-16 SECTION 5. Chapter 42, Parks and Wildlife Code, is amended
4-17 by adding Section 42.006 to read as follows:
4-18 Sec. 42.006. POSSESSION OF LICENSE: RULES. The commission
4-19 by rule may prescribe requirements relating to possessing a license
4-20 issued under this chapter.
4-21 SECTION 6. Section 42.010(b), Parks and Wildlife Code, is
4-22 amended to read as follows:
4-23 (b) The department may issue tags for animals or birds
4-24 allowed by law to be killed during each year or season to holders
4-25 of licenses authorizing the killing of animals or birds. The
4-26 commission may establish fees for the tags <and collection fees for
4-27 the agent issuing the tags>.
5-1 SECTION 7. Section 42.012(a), Parks and Wildlife Code, is
5-2 amended to read as follows:
5-3 (a) The fee for a resident hunting license is $8 or an
5-4 amount set by the commission, whichever amount is more. <Fifty
5-5 cents of the fee may be retained by an authorized agent, other than
5-6 a department employee, issuing the license as his collection fee.>
5-7 SECTION 8. Section 42.0121, Parks and Wildlife Code, is
5-8 amended to read as follows:
5-9 Sec. 42.0121. LIFETIME RESIDENT HUNTING LICENSE FEE. The
5-10 fee for a lifetime resident hunting license is $300 or an amount
5-11 set by the commission, whichever amount is more. <Fifty cents of
5-12 the fee may be retained by an authorized agent, other than a
5-13 department employee, issuing the license as his collection fee.>
5-14 SECTION 9. Section 42.014, Parks and Wildlife Code, is
5-15 amended to read as follows:
5-16 Sec. 42.014. NONRESIDENT SPECIAL HUNTING LICENSE FEE. The
5-17 fee for a nonresident special hunting license is $37.75 or an
5-18 amount set by the commission, whichever amount is more.
5-19 <Seventy-five cents of the fee may be retained by the officer,
5-20 other than a department employee, issuing the license as his
5-21 collection fee.>
5-22 SECTION 10. Section 42.0141, Parks and Wildlife Code, is
5-23 amended to read as follows:
5-24 Sec. 42.0141. GENERAL NONRESIDENT HUNTING LICENSE FEE. The
5-25 fee for a general nonresident hunting license is $100.75 or an
5-26 amount set by the commission, whichever amount is more.
5-27 <Seventy-five cents of the fee may be retained by the officer,
6-1 other than a department employee, issuing the license as his
6-2 collection fee.>
6-3 SECTION 11. Section 42.0142(b), Parks and Wildlife Code, is
6-4 amended to read as follows:
6-5 (b) The fee for a nonresident banded bird hunting license is
6-6 an amount set by the commission. <Seventy-five cents of the fee
6-7 may be retained by an authorized agent, other than a department
6-8 employee, issuing the license as his collection fee.>
6-9 SECTION 12. Section 42.0143, Parks and Wildlife Code, is
6-10 amended to read as follows:
6-11 Sec. 42.0143. NONRESIDENT FIVE-DAY SPECIAL HUNTING LICENSE.
6-12 A nonresident five-day special hunting license is valid for five
6-13 consecutive days. The fee for the license is set by the commission
6-14 in an amount not to exceed 50 percent of the amount of the fee set
6-15 for a nonresident special hunting license. <Seventy-five cents of
6-16 the fee may be retained by an authorized agent, other than a
6-17 department employee, issuing the license as his collection fee.>
6-18 SECTION 13. Section 42.017(d), Parks and Wildlife Code, is
6-19 amended to read as follows:
6-20 (d) The fee for a duplicate license or tags is $5 or an
6-21 amount set by the commission, whichever amount is more. <Fifty
6-22 cents of the fee may be retained by the officer, other than a
6-23 department employee, issuing the license as his collection fee.>
6-24 SECTION 14. Section 42.0175(a), Parks and Wildlife Code, is
6-25 amended to read as follows:
6-26 (a) A license issued under this chapter, other than a
6-27 lifetime resident hunting license or a nonresident five-day special
7-1 hunting license is valid only during the yearly period for which
7-2 the license is issued without regard to the date on which a license
7-3 is acquired. Each yearly period begins on September 1 or on
7-4 another date set by the commission <of a year> and extends through
7-5 August 31 of the next year or another date set by the commission.
7-6 A license issued under this chapter other than a nonresident
7-7 five-day special hunting license that is issued before September 1
7-8 or another date set by the commission and does not expire until
7-9 August 31 of the next year or another date set by the commission is
7-10 valid from the date of issuance through August 31 of the following
7-11 year or another date set by the commission. The commission by rule
7-12 may set the amount of a license fee for a license issued during a
7-13 transition period at an amount lower than prescribed in this
7-14 chapter and provide for a license term for a transition period that
7-15 is shorter or longer than a year.
7-16 SECTION 15. Chapter 42, Parks and Wildlife Code, is amended
7-17 by adding Section 42.0177 to read as follows:
7-18 Sec. 42.0177. BIRD OR ANIMAL TAGS: COMMISSION RULES. The
7-19 commission by rule may modify or eliminate the tagging requirements
7-20 of Section 42.018, 42.0185, or 42.020, or other similar tagging
7-21 requirements in this chapter.
7-22 SECTION 16. Sections 42.022(a) and (d), Parks and Wildlife
7-23 Code, are amended to read as follows:
7-24 (a) No person may acquire or possess more than one hunting
7-25 license during a license year. For purposes of this section, a
7-26 violation does not occur unless a person acquires or possesses more
7-27 than one license having the same expiration date.
8-1 (d) For purposes of this section, a license year begins on
8-2 September 1 or another date set by the commission and extends
8-3 through August 31 of the next year or another date set by the
8-4 commission.
8-5 SECTION 17. Section 43.011(a), Parks and Wildlife Code, is
8-6 amended to read as follows:
8-7 (a) Except as provided by Subsection (b) of this section, no
8-8 person may hunt white-winged dove in this state unless the person
8-9 has acquired <in the person's possession> a white-winged dove stamp
8-10 issued to the person by the department. The commission by rule may
8-11 prescribe requirements relating to possessing a stamp required by
8-12 this subchapter.
8-13 SECTION 18. Section 43.012, Parks and Wildlife Code, is
8-14 amended to read as follows:
8-15 Sec. 43.012. ISSUANCE OF STAMP. (a) The department <or its
8-16 agent> may issue a white-winged dove stamp to any person on the
8-17 payment to the department of $6 or an amount set by the commission,
8-18 whichever amount is more. The department may issue other editions
8-19 of the stamp that are not valid for hunting at an amount set by the
8-20 commission.
8-21 (b) The stamp shall be issued in the form and manner
8-22 prescribed by the department and, except as provided by Subsection
8-23 (c), must be signed on its face by the person using the stamp for
8-24 the stamp to be valid for hunting purposes.
8-25 (c) The commission by rule may prescribe alternate
8-26 requirements for identifying the purchaser of a stamp issued in an
8-27 automated manner.
9-1 (d) A stamp issued under this subchapter is valid for
9-2 hunting only during the yearly period for which the stamp is issued
9-3 without regard to the date on which the stamp is acquired. A
9-4 yearly period begins on September 1 or another date set by the
9-5 commission and extends through August 31 of the next year or
9-6 another date set by the commission. The commission by rule may set
9-7 the amount of a stamp fee for a stamp issued during a transition
9-8 period at an amount lower than prescribed in this subchapter and
9-9 provide for a stamp term for a transition period that is shorter or
9-10 longer than a year.
9-11 SECTION 19. Section 43.014, Parks and Wildlife Code, is
9-12 amended to read as follows:
9-13 Sec. 43.014. DISPOSITION OF STAMP FEES. (a) <Fifty cents
9-14 of the fee collected under this subchapter may be retained by the
9-15 agent of the department, other than a department employee, as his
9-16 collection fee.>
9-17 <(b)> After deduction of the collection fee, if allowed, the
9-18 receipts from stamp sales shall be sent to the department.
9-19 (b) <(c)> The stamp sale receipts may be spent only for
9-20 research and management for the protection of white-winged dove and
9-21 for the acquisition, lease, or development of white-winged dove
9-22 habitat in the state. Not more than one-half of the receipts may
9-23 be expended for research and management.
9-24 SECTION 20. Section 43.045, Parks and Wildlife Code, is
9-25 amended to read as follows:
9-26 Sec. 43.045. DURATION OF LICENSE. A hunting lease license
9-27 is valid for the period from September 1 or another date set by the
10-1 commission through <the following> August 31 of the next year or
10-2 another date set by the commission. The commission by rule may set
10-3 the amount of a license fee for a license issued during a
10-4 transition period at an amount lower than prescribed in this
10-5 subchapter and provide for a license term for a transition period
10-6 that is shorter or longer than a year.
10-7 SECTION 21. Section 43.0485(d), Parks and Wildlife Code, is
10-8 amended to read as follows:
10-9 (d) Not later than August 31 of a license year or another
10-10 date set by the commission, the holder of a hunting lease license
10-11 shall deliver the record book to a game warden in the county in
10-12 which the hunting lease is located. The record book must include
10-13 information required by the department on the license year's
10-14 hunting activity on the hunting lease.
10-15 SECTION 22. Sections 43.0722(c) and (f), Parks and Wildlife
10-16 Code, are amended to read as follows:
10-17 (c) The fee <fees> for a private bird hunting area license
10-18 is $60 <licenses are determined by the following schedule> or an
10-19 amount set by the commission, whichever amount is more<:>
10-20 <(1) $50 if the private bird hunting area is less than
10-21 2,000 contiguous acres;>
10-22 <(2) $100 if the private bird hunting area is at least
10-23 2,000 but less than 4,000 contiguous acres; and>
10-24 <(3) $200 if the private bird hunting area is more
10-25 than 4,000 contiguous acres>.
10-26 (f) The private bird hunting area license is valid from
10-27 September 1 or another date set by the commission through <the
11-1 following> August 31 of the next year or another date set by the
11-2 commission. The commission by rule may set the amount of a license
11-3 fee for a license issued during a transition period at an amount
11-4 lower than prescribed in this subchapter and provide for a license
11-5 term for a transition period that is shorter or longer than a year.
11-6 SECTION 23. Section 43.0761(e), Parks and Wildlife Code, is
11-7 amended to read as follows:
11-8 (e) The record book shall contain all information concerning
11-9 hunting activities that occurred on the licensed area from
11-10 September 1 through the following August 31 or another yearly
11-11 period established by the commission, and must be retained and
11-12 available for inspection by a game warden for a period of one year
11-13 from the expiration date of the license year for which the record
11-14 book is applicable. The commission may provide for a recording
11-15 period during a transition period that corresponds to the license
11-16 term for the transition period.
11-17 SECTION 24. Section 43.201, Parks and Wildlife Code, is
11-18 amended by amending Subsections (a) and (b) and adding Subsections
11-19 (d) and (e) to read as follows:
11-20 (a) Except as provided by Subsection (c) or (d) of this
11-21 section, no person may hunt wild deer, bear, turkey, or javelina
11-22 (collared peccary) during an open archery season provided by law or
11-23 by the proclamations of the commission and during which season only
11-24 longbows and arrows may be used unless the person has <first>
11-25 acquired <from the department> an archery hunting stamp issued to
11-26 the person by the department. The commission by rule may prescribe
11-27 requirements relating to possessing a stamp required by this
12-1 subchapter.
12-2 (b) The stamp shall be issued in the form and manner
12-3 prescribed by the department and, except as provided by Subsection
12-4 (d), must be signed on its face by the person using the stamp for
12-5 the stamp to be valid for hunting purposes.
12-6 (d) The commission by rule may prescribe alternate
12-7 requirements for identifying the purchaser of a stamp issued in an
12-8 automated manner.
12-9 (e) A stamp issued under this subchapter is valid for
12-10 hunting only during the yearly period for which the stamp is issued
12-11 without regard to the date on which the stamp is acquired. Each
12-12 yearly period begins on September 1 or another date set by the
12-13 commission and extends through August 31 of the next year or
12-14 another date set by the commission. The commission by rule may set
12-15 the amount of a stamp fee for a stamp issued during a transition
12-16 period at an amount lower than prescribed in this subchapter and
12-17 provide for a stamp term for a transition period that is shorter or
12-18 longer than a year.
12-19 SECTION 25. Section 43.202, Parks and Wildlife Code, is
12-20 amended to read as follows:
12-21 Sec. 43.202. FEE. The fee for an archery hunting stamp is
12-22 $6 or an amount set by the commission, whichever amount is more.
12-23 The department may issue other editions of the stamp that are not
12-24 valid for hunting at an amount set by the commission. <Fifty cents
12-25 shall be retained by the agent issuing the stamp as a collection
12-26 fee, except that employees of the department may not retain the
12-27 collection fee.>
13-1 SECTION 26. Section 43.251(a), Parks and Wildlife Code, is
13-2 amended to read as follows:
13-3 (a) Except as provided by Subsection (b) of this section, no
13-4 person may hunt turkeys in this state unless the person has
13-5 acquired <in the person's possession> a turkey stamp issued to the
13-6 person by the department. The commission by rule may prescribe
13-7 stamp possession requirements relating to possessing a stamp
13-8 required by this subchapter.
13-9 SECTION 27. Section 43.252, Parks and Wildlife Code, is
13-10 amended by amending Subsection (a) and adding Subsections (d) and
13-11 (e) to read as follows:
13-12 (a) The department may issue a turkey stamp to any person on
13-13 the payment to the department of $5 or an amount set by the
13-14 commission, whichever amount is more. The department may issue
13-15 other editions of the stamp that are not valid for hunting at an
13-16 amount set by the commission. Except as provided by Subsection
13-17 (d), the stamp must be signed on its face by the person using the
13-18 stamp for the stamp to be valid for hunting purposes.
13-19 (d) The commission by rule may prescribe alternate
13-20 requirements for identifying the purchaser of a stamp issued in an
13-21 automated manner.
13-22 (e) A stamp issued under this subchapter is valid for
13-23 hunting only during the yearly period for which the stamp is issued
13-24 without regard to the date on which the stamp is acquired. Each
13-25 yearly period begins on September 1 or another date set by the
13-26 commission and extends through August 31 of the next year or
13-27 another date set by the commission. The commission by rule may set
14-1 the amount for a stamp fee for a stamp issued during a transition
14-2 period at an amount lower than prescribed in this subchapter and
14-3 provide for a stamp term for a transition period that is shorter or
14-4 longer than a year.
14-5 SECTION 28. Section 43.254, Parks and Wildlife Code, is
14-6 amended to read as follows:
14-7 Sec. 43.254. Disposition of Stamp Fees. (a) <Fifty cents
14-8 of the fee collected under this subchapter may be retained by the
14-9 agent of the department, other than a department employee, as a
14-10 collection fee.>
14-11 <(b)> After deduction of any collection fee, the net
14-12 receipts from stamp sales shall be sent to the department.
14-13 (b) <(c)> The stamp sale net receipts may be spent only for
14-14 research, management, and protection of turkeys and for the
14-15 acquisition, lease, or development of turkey habitats in the state.
14-16 SECTION 29. Section 43.302(a), Parks and Wildlife Code, is
14-17 amended to read as follows:
14-18 (a) Except as provided by Subsection (b) of this section, no
14-19 person may hunt waterfowl in this state unless the person has
14-20 acquired <in the person's possession> a waterfowl stamp issued to
14-21 the person by the department. The commission by rule may prescribe
14-22 requirements relating to possessing a stamp required by this
14-23 subchapter.
14-24 SECTION 30. Section 43.303, Parks and Wildlife Code, is
14-25 amended by amending Subsection (a) and adding Subsections (d) and
14-26 (e) to read as follows:
14-27 (a) The department <or its agent> may issue a waterfowl
15-1 stamp to any person on the payment to the department of $5 or an
15-2 amount set by the commission, whichever amount is more. The
15-3 department may issue other editions of the stamp that are not valid
15-4 for hunting at an amount set by the commission. Except as provided
15-5 by Subsection (d), the stamp must be signed on its face by the
15-6 person using the stamp <to whom it is issued> for the stamp to be
15-7 valid for hunting purposes.
15-8 (d) The commission by rule may prescribe alternate
15-9 requirements for identifying the purchaser of a stamp issued in an
15-10 automated manner.
15-11 (e) A stamp issued under this subchapter is valid for
15-12 hunting only during the yearly period for which the stamp is issued
15-13 without regard to the date on which the stamp is acquired. Each
15-14 yearly period begins on September 1 or another date set by the
15-15 commission and extends through August 31 of the next year or
15-16 another date set by the commission. The commission by rule may set
15-17 the amount of a stamp fee for a stamp issued during a transition
15-18 period at an amount lower than prescribed in this subchapter and
15-19 provide for a stamp term that is shorter or longer than a year.
15-20 SECTION 31. Section 43.305, Parks and Wildlife Code, is
15-21 amended to read as follows:
15-22 Sec. 43.305. Disposition of Stamp Fees. (a) <Fifty cents
15-23 of the fee collected under this subchapter may be retained by the
15-24 agent of the department, other than a department employee, as a
15-25 collection fee.>
15-26 <(b)> After deduction of any collection fee, the net
15-27 receipts from stamp sales shall be sent to the department.
16-1 (b) <(c)> The stamp sale net receipts may be spent only for
16-2 research, management, and protection of waterfowl, for the
16-3 acquisition, lease, or development of waterfowl habitats in the
16-4 state, and for grants as provided by Section 43.306 of this code.
16-5 Not more than one-half of the receipts may be spent for research,
16-6 management, and protection.
16-7 SECTION 32. Section 43.402(a), Parks and Wildlife Code, is
16-8 amended to read as follows:
16-9 (a) Except as provided by Subsection (b) or (c) of this
16-10 section, no person may engage in fishing in saltwater for sporting
16-11 purposes in this state unless the person has acquired <in the
16-12 person's possession> a saltwater sportfishing stamp issued to the
16-13 person by the department. The commission by rule may prescribe
16-14 requirements relating to possessing a stamp required by this
16-15 subchapter.
16-16 SECTION 33. Section 43.403, Parks and Wildlife Code, is
16-17 amended by amending Subsection (a) and adding Subsection (d) to
16-18 read as follows:
16-19 (a) The department <or its agent> may issue a saltwater
16-20 sportfishing stamp to any person on the payment to the department
16-21 of $5 or an amount set by the commission, whichever amount is more.
16-22 The department may issue other editions of the stamp that are not
16-23 valid for fishing at an amount set by the commission. Except as
16-24 provided by Subsection (d), the stamp must be signed on its face by
16-25 the person using the stamp for the stamp to be valid for fishing
16-26 purposes.
16-27 (d) The commission by rule may prescribe alternate
17-1 requirements for identifying the purchaser of a stamp issued in an
17-2 automated manner.
17-3 SECTION 34. Section 43.4035, Parks and Wildlife Code, is
17-4 amended to read as follows:
17-5 Sec. 43.4035. Expiration of Stamp. (a) Except as provided
17-6 by Subsection (b) or (c), a stamp issued under this subchapter is
17-7 valid for fishing only during the yearly period for which the stamp
17-8 is issued without regard to the date on which the stamp is
17-9 acquired. Each yearly period begins on September 1 or another date
17-10 set by the commission and extends through August 31 of the next
17-11 year or another date set by the commission. The commission by rule
17-12 may set the amount of a stamp fee for a stamp issued during a
17-13 transition period at an amount lower than prescribed in this
17-14 subchapter and provide for a stamp term for a transition period
17-15 that is shorter or longer than a year.
17-16 (b) A saltwater sportfishing stamp issued before September 1
17-17 or another date set by the commission that does not expire until
17-18 August 31 of the following year or another date set by the
17-19 commission is valid from the date of issuance through August 31 of
17-20 the following year or another date set by the commission.
17-21 (c) <(b)> A saltwater sportfishing stamp issued in
17-22 conjunction with a license issued under Section 46.005 or 46.0051
17-23 of this code expires at the same time the license expires or on the
17-24 expiration date printed on the stamp, whichever is later.
17-25 SECTION 35. Section 43.405, Parks and Wildlife Code, is
17-26 amended to read as follows:
17-27 Sec. 43.405. Collection Fees. (a) <Fifty cents of the fee
18-1 collected under this subchapter shall be retained by the agent of
18-2 the department, other than a department employee, as a collection
18-3 fee.>
18-4 <(b)> After deduction of the collection fee, the net
18-5 receipts from stamp sales shall be sent to the department.
18-6 (b) <(c)> The stamp sale net receipts shall be spent for
18-7 coastal fisheries enforcement and management and are hereby
18-8 appropriated for such purposes.
18-9 SECTION 36. Section 43.502(a), Parks and Wildlife Code, is
18-10 amended to read as follows:
18-11 (a) Except as provided by Subsection (b) or (c) of this
18-12 section, no person may take or attempt to take any trout from
18-13 public waters in this state unless the person has acquired
18-14 <without having in possession> a freshwater trout stamp issued to
18-15 the person by the department. The commission by rule may prescribe
18-16 requirements relating to possessing a stamp required by this
18-17 subchapter.
18-18 SECTION 37. Section 43.503, Parks and Wildlife Code, is
18-19 amended by amending Subsection (a) and by adding Subsection (d) to
18-20 read as follows:
18-21 (a) The department <or its agent> may issue a freshwater
18-22 trout stamp to any person on the payment to the department of $5 or
18-23 an amount set by the commission, whichever amount is more. The
18-24 department may issue other editions of the stamp that are not valid
18-25 for fishing at an amount set by the commission. Except as provided
18-26 by Subsection (d), the stamp must be signed on its face by the
18-27 person using the stamp for the stamp to be valid for fishing
19-1 purposes.
19-2 (d) The commission by rule may prescribe alternate
19-3 requirements for identifying the purchaser of a stamp issued in an
19-4 automated manner.
19-5 SECTION 38. Section 43.505, Parks and Wildlife Code, is
19-6 amended to read as follows:
19-7 Sec. 43.505. DISPOSITION OF STAMP FEES. (a) <Fifty cents
19-8 of the fee collected under this subchapter may be retained by the
19-9 agent of the department, other than a department employee, as a
19-10 collection fee.>
19-11 <(b)> After deduction of any collection fee, the net
19-12 receipts from stamp sales shall be sent to the department.
19-13 (b) <(c)> The stamp sale net receipts may be spent for any
19-14 purposes authorized by Section 11.033 of this code and are hereby
19-15 appropriated for such purposes.
19-16 SECTION 39. Subchapter N, Chapter 43, Parks and Wildlife
19-17 Code, is amended by adding Section 43.508 to read as follows:
19-18 Sec. 43.508. EXPIRATION OF STAMP. (a) Except as provided
19-19 by Subsection (b) or (c), a stamp issued under this subchapter is
19-20 valid for fishing only during the yearly period for which the stamp
19-21 is issued without regard to the date on which the stamp is
19-22 acquired. Each yearly period begins on September 1 or another date
19-23 set by the commission and extends through August 31 of the next
19-24 year or another date set by the commission. The commission by rule
19-25 may set the amount of a stamp fee for a stamp issued during a
19-26 transition period at an amount lower than prescribed in this
19-27 subchapter and provide for a stamp term for a transition period
20-1 that is shorter or longer than a year.
20-2 (b) A freshwater trout stamp issued before September 1 or
20-3 another date set by the commission that does not expire until
20-4 August 31 of the next year or another date set by the commission is
20-5 valid from the date of issuance through August 31 of the next year
20-6 or another date set by the commission.
20-7 (c) A freshwater trout stamp issued in conjunction with a
20-8 license issued under Section 46.005 or 46.0051 expires at the same
20-9 time the license expires or on the expiration date printed on the
20-10 stamp, whichever is later.
20-11 SECTION 40. Section 43.524, Parks and Wildlife Code, is
20-12 amended to read as follows:
20-13 Sec. 43.524. Disposition of Conservation Permit Fees.
20-14 (a) <Fifty cents of each conservation permit fee collected under
20-15 Section 43.522 of this code by an agent of the department, other
20-16 than a department employee, may be retained as a collection fee by
20-17 the agent.>
20-18 <(b)> After deducting any <a> collection fee <under
20-19 Subsection (a) of this section>, an agent of the department shall
20-20 send to the department the net receipts from the sale of
20-21 conservation permits.
20-22 (b) <(c)> The department may use the net receipts from the
20-23 sale of conservation permits for the sole purpose of acquiring,
20-24 leasing, or developing state lands, paying principal and interest
20-25 on Texas Park Development Bonds, or operating land or facilities
20-26 under the department's control.
20-27 SECTION 41. Section 43.581, Parks and Wildlife Code, is
21-1 amended to read as follows:
21-2 Sec. 43.581. Muzzleloader Hunting Stamp Required. (a)
21-3 Except as provided by Subsection (b), no <No> person may hunt wild
21-4 deer, turkey, or javelina (collared peccary) during an open season
21-5 prescribed by law or by proclamation of the commission during which
21-6 only muzzleloaders may be used for hunting unless the person has
21-7 acquired <in the person's possession> a muzzleloader hunting stamp
21-8 from the department. The commission by rule may prescribe
21-9 requirements relating to possessing a stamp required by this
21-10 subchapter.
21-11 (b) The commission by rule may exempt a person from the
21-12 stamp requirement of this section.
21-13 SECTION 42. Section 43.582, Parks and Wildlife Code, is
21-14 amended to read as follows:
21-15 Sec. 43.582. Issuance and Form of Stamp. (a) The
21-16 department <or its agent> may issue a muzzleloader hunting stamp.
21-17 The stamp shall be issued in a form and manner prescribed by the
21-18 department. Except as provided by Subsection (b), the <The> stamp
21-19 must be signed on its face by the person using the stamp <to whom
21-20 it is issued> for the stamp to be valid for hunting purposes. The
21-21 department may issue other editions of the stamp that are not valid
21-22 for hunting at an amount set by the commission.
21-23 (b) The commission by rule may prescribe alternate
21-24 requirements for identifying the purchaser of a stamp issued in an
21-25 automated manner.
21-26 (c) A stamp issued under this subchapter is valid for
21-27 hunting only during the yearly period for which the stamp is issued
22-1 without regard to the date on which the stamp is acquired. Each
22-2 yearly period begins on September 1 or another date set by the
22-3 commission and extends through August 31 of the next year or
22-4 another date set by the commission. The commission by rule may set
22-5 the amount of a stamp fee for a stamp issued during a transition
22-6 period at an amount lower than prescribed in this subchapter and
22-7 provide for a stamp term for a transition period that is shorter or
22-8 longer than a year.
22-9 SECTION 43. Section 43.583, Parks and Wildlife Code, is
22-10 amended to read as follows:
22-11 Sec. 43.583. Fee. The fee for a muzzleloader stamp is $10
22-12 or an amount set by the commission, whichever amount is more. The
22-13 commission may set a different amount for another edition of the
22-14 stamp issued under Section 43.582.
22-15 SECTION 44. Section 43.585, Parks and Wildlife Code, is
22-16 amended to read as follows:
22-17 Sec. 43.585. Disposition of Fees. <(a) Fifty cents of a
22-18 fee collected under this subchapter may be retained as a collection
22-19 fee by an agent of the department other than a department employee.>
22-20 <(b)> After deduction of any collection fee, the net
22-21 receipts from stamp sales shall be sent to the department.
22-22 SECTION 45. Section 44.003, Parks and Wildlife Code, is
22-23 amended to read as follows:
22-24 Sec. 44.003. Game Breeder's License. The department shall
22-25 issue a game breeder's license on payment of a license fee of $10
22-26 or an amount set by the commission, whichever amount is more. The
22-27 license is valid for a yearly period. Each yearly period begins on
23-1 September 1 or another date set by the commission <of a year> and
23-2 extends through August 31 of the next year or another date set by
23-3 the commission. The commission by rule may set the amount of a
23-4 license fee for a license issued during a transition period at an
23-5 amount lower than prescribed in this section and provide for a
23-6 license term for a transition period that is shorter or longer than
23-7 a year.
23-8 SECTION 46. Section 44.007, Parks and Wildlife Code, is
23-9 amended to read as follows:
23-10 Sec. 44.007. Records. (a) Each game breeder shall keep a
23-11 written record in a suitably bound book for the period from August
23-12 1 until the following July 31 or another yearly period established
23-13 by the commission containing:
23-14 (1) the number and source of each kind of game animal
23-15 on hand at the time the license is issued;
23-16 (2) the number, source, and date of receipt of each
23-17 kind of game animal on hand at any time after the license is
23-18 obtained;
23-19 (3) the number of each kind of game animal shipped or
23-20 delivered, the date of shipment or delivery, and the name and
23-21 address of persons to whom the shipment or delivery is made; and
23-22 (4) any other information determined by the commission
23-23 to be necessary to enforce the provisions of this chapter.
23-24 (b) During August or another month set by the commission of
23-25 each year, but before August 31 or another date established by the
23-26 commission, a game breeder shall send to the department a report
23-27 showing the information required by this section.
24-1 SECTION 47. Section 45.002(c), Parks and Wildlife Code, is
24-2 amended to read as follows:
24-3 (c) A license is valid for a yearly period. Each yearly
24-4 period begins on September 1 or another date set by the commission
24-5 <of a year> and extends through August 31 of the next year or
24-6 another date set by the commission. The commission by rule may set
24-7 the amount of a license fee for a license issued during a
24-8 transition period at an amount lower than prescribed in this
24-9 section and provide for a license term for a transition period that
24-10 is shorter or longer than a year.
24-11 SECTION 48. Section 45.008(b), Parks and Wildlife Code, is
24-12 amended to read as follows:
24-13 (b) During August of each year or another month set by the
24-14 commission, but before August 31 or another date established by the
24-15 commission, a commercial game bird breeder shall send to the
24-16 department a report showing the total number of game birds in the
24-17 possession of the breeder during the reporting period and
24-18 accounting for the acquisition and disposition of each game bird.
24-19 The reporting period is from August 1 of the preceding year through
24-20 July 31 of the current year or another yearly period established by
24-21 the commission.
24-22 SECTION 49. Section 46.001, Parks and Wildlife Code, is
24-23 amended to read as follows:
24-24 Sec. 46.001. Prohibited Acts. No person may fish in the
24-25 public water of this state unless he has acquired <obtained> a
24-26 fishing license issued under this subchapter, except as provided by
24-27 Sections 46.0012 and 46.002 of this code. The commission by rule
25-1 may prescribe requirements relating to possessing a license
25-2 required by this subchapter.
25-3 SECTION 50. Section 46.0045, Parks and Wildlife Code, is
25-4 amended to read as follows:
25-5 Sec. 46.0045. TAG FEES. The commission by rule may
25-6 establish fees for initial and duplicate tags issued under this
25-7 subchapter <and for issuance or collection fees for license
25-8 deputies issuing the tags>.
25-9 SECTION 51. Section 46.005, Parks and Wildlife Code, is
25-10 amended to read as follows:
25-11 Sec. 46.005. TEMPORARY SPORTFISHING LICENSES <LICENSE>. (a)
25-12 Any person who is a Texas resident or other person designated by
25-13 the commission is entitled to receive from the department a license
25-14 allowing fishing for sporting purposes in public water for a period
25-15 of 14 consecutive days or other period set by the commission. The
25-16 commission may authorize the issuance of more than one type of
25-17 license under this subsection and may prescribe the categories of
25-18 persons to whom the licenses may be issued.
25-19 (b) The fee for a <the> temporary sportfishing license is
25-20 <$5 or> an amount set by the commission<, whichever amount is more.
25-21 Fifty cents may be retained as a collection fee by the issuing
25-22 officer, other than a department employee>.
25-23 SECTION 52. Section 46.0051, Parks and Wildlife Code, is
25-24 amended to read as follows:
25-25 Sec. 46.0051. TEMPORARY NONRESIDENT LICENSES <LICENSE>. (a)
25-26 A nonresident or other person designated by the commission <alien>
25-27 is entitled to receive from the department a license allowing
26-1 fishing for sporting purposes in public water for a period of five
26-2 consecutive days or other period set by the commission. The
26-3 commission may authorize the issuance of more than one type of
26-4 license under this subsection and may prescribe the categories of
26-5 persons to whom the licenses may be issued.
26-6 (b) The fee for a license <fee> is <$7 or> an amount set by
26-7 the commission<, whichever amount is more. Fifty cents of the fee
26-8 may be retained as a collection fee by the issuing officer, other
26-9 than a department employee>.
26-10 SECTION 53. Section 46.006(b), Parks and Wildlife Code, as
26-11 amended by Chapters 457 and 838, Acts of the 73rd Legislature,
26-12 Regular Session, 1993, is amended to read as follows:
26-13 (b) The application for a duplicate license or tag must be
26-14 an affidavit containing:
26-15 (1) a statement of fact concerning the loss or
26-16 destruction of the license or tag; and
26-17 <(2) the serial number of the lost or destroyed
26-18 license or tag.>
26-19 (2) any other information which the commission by
26-20 regulation may prescribe as necessary.
26-21 SECTION 54. Section 46.007, Parks and Wildlife Code, as
26-22 amended by Chapters 457 and 838, Acts of the 73rd Legislature,
26-23 Regular Session, 1993, is amended to read as follows:
26-24 Sec. 46.007. Expiration of Licenses and Tags. (a) Except
26-25 as provided by Subsections (b), (c), <and> (d), (e), and (f) of
26-26 this section, a license required or authorized by this subchapter
26-27 is valid only during the yearly period for which it is issued
27-1 without regard to the date on which the license is acquired. Each
27-2 yearly period begins on September 1 or another date set by the
27-3 commission <of a year> and extends through August 31 of the next
27-4 year or another date set by the commission. The commission by rule
27-5 may set the amount of a license fee for a license issued during a
27-6 transition period at an amount lower than prescribed in this
27-7 section and provide for a license term for a transition period that
27-8 is shorter or longer than a year.
27-9 (b) A license issued under Section 46.005 or 46.0051 of this
27-10 code is valid for the number of consecutive days authorized and
27-11 does not necessarily expire on August 31 or another date set by the
27-12 commission.
27-13 (c) A tag or duplicate tag required or authorized by this
27-14 subchapter is valid for a period as established by the commission.
27-15 (d) <(c)> A license issued under Section 46.004 of this code
27-16 that is issued before September 1 or another date set by the
27-17 commission and does not expire until August 31 of the following
27-18 year or another date set by the commission is valid from the date
27-19 of issuance through August 31 of the following year or another date
27-20 set by the commission.
27-21 (e) <(d)> A lifetime resident fishing license is valid for
27-22 the lifetime of the license holder.
27-23 (f) <(e)> A duplicate license is valid for the period of
27-24 validity of the original license only.
27-25 SECTION 55. Section 46.0085, Parks and Wildlife Code, is
27-26 amended to read as follows:
27-27 Sec. 46.0085. Form and Issuance of LICENSES <License> and
28-1 Tags. (a) The department shall issue and prescribe the form <of>
28-2 and manner of issuance of <shall issue> the licenses and tags
28-3 authorized by this chapter. The commission by rule may prescribe
28-4 identification and compliance requirements.
28-5 (b) A license and tag issued under this chapter is not valid
28-6 until the person to whom it is issued completes all required
28-7 information on the license and tag.
28-8 (c) The department may issue tags for finfish species
28-9 allowed by law to be taken during each year or season from coastal
28-10 waters of the state to holders of licenses authorizing the taking
28-11 of finfish species or to other categories of persons.
28-12 SECTION 56. Section 46.0086, Parks and Wildlife Code, is
28-13 amended by amending Subsection (b) and adding Subsection (c) to
28-14 read as follows:
28-15 (b) Except as provided by Subsection (c), no <A> person may
28-16 <not>:
28-17 (1) use the same finfish tag on more than one finfish;
28-18 (2) use a finfish tag issued in the name of another;
28-19 (3) use a tag on a finfish for which another tag is
28-20 specifically required; or
28-21 (4) take a finfish required to be tagged and fail to
28-22 immediately attach a properly executed tag to the finfish in the
28-23 manner prescribed by the commission.
28-24 (c) The commission by rule may modify or eliminate the
28-25 requirements of this section.
28-26 SECTION 57. Section 46.102, Parks and Wildlife Code, is
28-27 amended to read as follows:
29-1 Sec. 46.102. Fishing License Required. Except as provided
29-2 in this subchapter, no person may catch fish in Lake Texoma unless
29-3 he has acquired <and possesses on his person> a <valid> license
29-4 issued under this subchapter. The commission by rule may prescribe
29-5 requirements relating to possessing a license required by this
29-6 subchapter.
29-7 SECTION 58. Section 46.104(b), Parks and Wildlife Code, is
29-8 amended to read as follows:
29-9 (b) The fee for the license is $5.75 or an amount set by the
29-10 commission, whichever amount is more. <Seventy-five cents of the
29-11 fee may be retained by the issuing officer, other than a department
29-12 employee.>
29-13 SECTION 59. Section 46.105(b), Parks and Wildlife Code, is
29-14 amended to read as follows:
29-15 (b) The fee for the license is $1.25 or an amount set by the
29-16 commission, whichever amount is more. <Fifteen cents of the fee
29-17 may be retained by the officer issuing the license, other than a
29-18 department employee.>
29-19 SECTION 60. Section 47.007(e), Parks and Wildlife Code, is
29-20 amended to read as follows:
29-21 (e) The fee for a commercial fishing boat license for a boat
29-22 that is not numbered under Chapter 31 of this code or does not have
29-23 a certificate of documentation issued by the United States Coast
29-24 Guard that lists an address in Texas for the boat owner or other
29-25 criteria established by the commission <a home port in this state>
29-26 is $60 or an amount set by the commission, whichever amount is
29-27 more.
30-1 SECTION 61. Section 47.031(a), Parks and Wildlife Code, is
30-2 amended to read as follows:
30-3 (a) All licenses and permits issued under the authority of
30-4 Chapter 47 of this code are valid only during the yearly period for
30-5 which they are issued without regard to the date on which the
30-6 licenses are acquired. Each yearly period begins on September 1 or
30-7 another date set by the commission <of a year> and extends through
30-8 August 31 of the next year or another date set by the commission.
30-9 The commission by rule may set the amount of a license fee for a
30-10 license issued during a transition period at an amount lower than
30-11 prescribed in this chapter and provide for a license term for a
30-12 transition period that is shorter or longer than a year.
30-13 SECTION 62. Section 50.001, Parks and Wildlife Code, is
30-14 amended by adding Subsection (c) to read as follows:
30-15 (c) The commission shall establish combination licenses or
30-16 license packages for hunting, fishing, and other activities. The
30-17 commission may set fees for those combination licenses or license
30-18 packages. The fees set for combination licenses or license
30-19 packages shall be less than the fees for the individual licenses,
30-20 permits, or stamps that are combined in the combination licenses or
30-21 license packages.
30-22 SECTION 63. Section 50.0011, Parks and Wildlife Code, is
30-23 amended to read as follows:
30-24 Sec. 50.0011. Definition. In this chapter, "resident"
30-25 means:
30-26 (1) an individual who has resided continuously in this
30-27 state for more than six months immediately before applying for a
31-1 license issued under this chapter;
31-2 (2) a member of the United States armed forces on
31-3 active duty;
31-4 (3) a dependent of a member of the United States armed
31-5 forces on active duty; or
31-6 (4) a member of any other category of individuals that
31-7 the commission by regulation designates as residents.
31-8 SECTION 64. Sections 50.0021(a) and (b), Parks and Wildlife
31-9 Code, are amended to read as follows:
31-10 (a) Except as provided by Subsections (b) and (c) of this
31-11 section, a license required or authorized by this chapter is valid
31-12 only during the yearly period for which the license is issued
31-13 without regard to the date on which the license is acquired. Each
31-14 yearly period begins on September 1 or another date set by the
31-15 commission <of a year> and extends through August 31 of the next
31-16 year or another date set by the commission. The commission by rule
31-17 may set the amount of a license fee for a license issued during a
31-18 transition period at an amount lower than prescribed in this
31-19 chapter and provide for a license term for a transition period that
31-20 is shorter or longer than a year.
31-21 (b) A license issued under the authority of this chapter
31-22 that is issued before September 1 or another date set by the
31-23 commission and does not expire until August 31 or another date set
31-24 by the commission of the following year is valid from the date of
31-25 issuance through August 31 of the following year or another date
31-26 set by the commission.
31-27 SECTION 65. Section 50.004(a), Parks and Wildlife Code, is
32-1 amended to read as follows:
32-2 (a) The department shall issue and prescribe the form and
32-3 manner of issuance of the license <and shall attach to it deer tags
32-4 as provided in Chapter 42 of this code>. The commission by rule
32-5 may prescribe identification and compliance requirements.
32-6 SECTION 66. Chapter 65, Parks and Wildlife Code, is amended
32-7 by adding Section 65.0071 to read as follows:
32-8 Sec. 65.0071. EXPIRATION OF LICENSES. A license issued
32-9 under this chapter is valid only during the yearly period for which
32-10 the license is issued without regard to the date on which the
32-11 license is acquired. Each yearly period begins on September 1 or
32-12 another date set by the commission and extends through August 31 of
32-13 the next year or another date set by the commission. The
32-14 commission by rule may set the amount of a license fee for a
32-15 license issued during a transition period at an amount lower than
32-16 prescribed in this chapter and provide for a license term for a
32-17 transition period that is shorter or longer than a year.
32-18 SECTION 67. Section 66.017(a), Parks and Wildlife Code, is
32-19 amended to read as follows:
32-20 (a) All licenses, tags, and permits issued under the
32-21 authority of Chapter 66 of this code are valid only during the
32-22 yearly period for which they are issued without regard to the date
32-23 on which the licenses are acquired. Each yearly period begins on
32-24 September 1 or another date set by the commission <of a year> and
32-25 extends through August 31 of the next year or another date set by
32-26 the commission. The commission by rule may set the amount of a
32-27 license fee for a license issued during a transition period at an
33-1 amount lower than prescribed in this chapter and provide for a
33-2 license term for a transition period that is shorter or longer than
33-3 a year.
33-4 SECTION 68. Section 71.010, Parks and Wildlife Code, is
33-5 amended to read as follows:
33-6 Sec. 71.010. License Period. The license period for
33-7 licenses issued under this chapter is September 1 or another date
33-8 set by the commission <of one year> through August 31 of the next
33-9 <following> year or another date set by the commission, and a
33-10 license is current and valid only for the license period for which
33-11 it is issued. The commission by rule may set the amount of a
33-12 license fee for a license issued during a transition period at an
33-13 amount lower than prescribed in this chapter and provide for a
33-14 license term for a transition period that is shorter or longer than
33-15 a year.
33-16 SECTION 69. Section 76.103, Parks and Wildlife Code, is
33-17 amended to read as follows:
33-18 Sec. 76.103. Types of Licenses; Period of Validity. A
33-19 commercial oyster boat license, commercial oyster boat captain's
33-20 license, sport oyster boat license, or commercial oyster
33-21 fisherman's license expires on August 31 of the yearly period for
33-22 which it is issued or another date set by the commission.
33-23 SECTION 70. Section 76.1031(a), Parks and Wildlife Code, is
33-24 amended to read as follows:
33-25 (a) All licenses issued under the authority of Chapter 76 of
33-26 this code are valid only during the yearly period for which they
33-27 are issued without regard to the date on which the licenses are
34-1 acquired. Each yearly period begins on September 1 or another date
34-2 set by the commission <of a year> and extends through August 31 of
34-3 the next year or another date set by the commission. The
34-4 commission by rule may set the amount of a license fee for a
34-5 license issued during a transition period at an amount lower than
34-6 prescribed in this chapter and provide for a license term for a
34-7 transition period that is shorter or longer than a year.
34-8 SECTION 71. Sections 76.104(e) and (f), Parks and Wildlife
34-9 Code, are amended to read as follows:
34-10 (e) The fee for a commercial oyster boat license for a boat
34-11 that is not numbered under Chapter 31 of this code or does not have
34-12 a certificate of documentation issued by the United States Coast
34-13 Guard that lists an address in Texas for the boat owner or other
34-14 criteria established by the commission <a home port in this state>
34-15 is $1,400 or an amount set by the commission, whichever amount is
34-16 more.
34-17 (f) The fee for a sport oyster boat license for a boat that
34-18 is not numbered under Chapter 31 of this code or does not have a
34-19 certificate of documentation issued by the United States Coast
34-20 Guard that lists an address in Texas for the boat owner or other
34-21 criteria established by the commission <a home port in this state>
34-22 is $40 or an amount set by the commission, whichever amount is
34-23 more.
34-24 SECTION 72. Section 77.031(d), Parks and Wildlife Code, is
34-25 amended to read as follows:
34-26 (d) The fee for a commercial bay shrimp boat license for a
34-27 boat that is not numbered under Chapter 31 of this code or does not
35-1 have a certificate of documentation issued by the United States
35-2 Coast Guard that lists an address in Texas for the boat owner or
35-3 other criteria established by the commission <a home port in this
35-4 state> is $500 or an amount set by the commission, whichever amount
35-5 is more.
35-6 SECTION 73. Section 77.033(c), Parks and Wildlife Code, is
35-7 amended to read as follows:
35-8 (c) The fee for a commercial bait-shrimp boat license for a
35-9 boat that is not numbered under Chapter 31 of this code or does not
35-10 have a certificate of documentation issued by the United States
35-11 Coast Guard that lists an address in Texas for the boat owner or
35-12 other criteria established by the commission <a home port in this
35-13 state> is $500 or an amount set by the commission, whichever amount
35-14 is more.
35-15 SECTION 74. Section 77.035(c), Parks and Wildlife Code, is
35-16 amended to read as follows:
35-17 (c) The fee for a commercial gulf shrimp boat license for a
35-18 boat that is not numbered under Chapter 31 of this code or does not
35-19 have a certificate of documentation issued by the United States
35-20 Coast Guard that lists an address in Texas for the boat owner or
35-21 other criteria established by the commission <a home port in this
35-22 state> is $1,000 or an amount set by the commission, whichever
35-23 amount is more.
35-24 SECTION 75. Section 77.0361, Parks and Wildlife Code, is
35-25 amended to read as follows:
35-26 Sec. 77.0361. License Expirations and Transfers. (a) All
35-27 licenses issued under the authority of Chapter 77 of this code are
36-1 valid only during the yearly period for which they are issued
36-2 without regard to the date on which the licenses are acquired.
36-3 Each yearly period begins on September 1 or another date set by the
36-4 commission <of a year> and extends through August 31 of the next
36-5 year or another date set by the commission. The commission by rule
36-6 may set the amount of a license fee for a license issued during a
36-7 transition period at an amount lower than prescribed in this
36-8 chapter and provide for a license term for a transition period that
36-9 is shorter or longer than a year.
36-10 (b) <Commercial bay shrimp boat licenses issued from the
36-11 effective date of this section until December 15, 1993, shall
36-12 expire on March 1, 1994, and licenses issued from December 16,
36-13 1993, through August 31, 1994, shall expire on August 31, 1994.>
36-14 <(c)> All licenses issued under the authority of Chapter 77
36-15 of this code may not be transferred to another person or vessel
36-16 except as provided by this subsection. The commission, by rule
36-17 <regulation>, may prescribe requirements necessary for license
36-18 transfers and may prescribe, by rule <regulation>, forms to be used
36-19 and fees to be charged for transfers of licenses in this chapter
36-20 and for duplicate license plates and/or duplicate or replacement
36-21 licenses.
36-22 SECTION 76. Section 78.002(b), Parks and Wildlife Code, is
36-23 amended to read as follows:
36-24 (b) The license form shall be prescribed by the department
36-25 and shall designate the water in which the licensee may operate.
36-26 All licenses issued under the authority of Chapter 78 of this code
36-27 are valid only during the yearly period for which they are issued
37-1 without regard to the date on which the licenses are acquired.
37-2 Each yearly period begins on September 1 or another date set by the
37-3 commission <of a year> and extends through August 31 of the next
37-4 year or another date set by the commission. The commission by rule
37-5 may set the amount of a license fee for a license issued during a
37-6 transition period at an amount lower than prescribed in this
37-7 chapter and provide for a license term for a transition period that
37-8 is shorter or longer than a year.
37-9 SECTION 77. Sections 78.003(e) and (f), Parks and Wildlife
37-10 Code, are amended to read as follows:
37-11 (e) <A shell buyer's license expires on August 31 following
37-12 the date on which the license was issued, regardless of the date on
37-13 which the license was issued.>
37-14 <(f)> The holder of a shell buyer's license shall file with
37-15 the department a report of activities performed under the license
37-16 in a form and manner specified by the department.
37-17 SECTION 78. Section 11.0271, Parks and Wildlife Code, is
37-18 amended to read as follows:
37-19 Sec. 11.0271. Public Hunting Drawing; Fees. (a) The
37-20 department may conduct public drawings to select applicants for
37-21 public hunting privileges. The department may charge each person
37-22 who participates in the drawing a nonrefundable participation fee
37-23 in addition to any fee for issuing a hunting permit or license.
37-24 The participation fee shall be set by the commission in an amount
37-25 sufficient to pay the costs of operating the drawing.
37-26 (b) The commission may approve participation fees, not to
37-27 exceed $25 per species for each participant on an application, in
38-1 drawings for special hunting programs, packages, or events that
38-2 exceed the costs of operating the drawing only if the fees charged
38-3 are designated for use in the management and restoration efforts of
38-4 the specific wildlife program implementing each special hunting
38-5 program, package, or event.
38-6 SECTION 79. Section 47.02(c), Penal Code, is amended to read
38-7 as follows:
38-8 (c) It is a defense to prosecution under this section that
38-9 the actor reasonably believed that the conduct:
38-10 (1) was permitted under the Bingo Enabling Act
38-11 (Article 179d, Vernon's Texas Civil Statutes);
38-12 (2) was permitted under the Charitable Raffle Enabling
38-13 Act (Article 179f, Revised Statutes);
38-14 (3) consisted entirely of participation in the state
38-15 lottery authorized by the State Lottery Act (Chapter 466,
38-16 Government Code <Article 179g, Vernon's Texas Civil Statutes>);
38-17 <or>
38-18 (4) was permitted under the Texas Racing Act (Article
38-19 179e, Vernon's Texas Civil Statutes); or
38-20 (5) consisted entirely of participation in a drawing
38-21 for hunting privileges authorized under the Parks and Wildlife
38-22 Code.
38-23 SECTION 80. Sections 11.056(c), 42.011, 46.004(d),
38-24 46.006(c), 46.009, 46.010, 46.011, 46.012, 50.002(c), 71.013, and
38-25 78.002(f), Parks and Wildlife Code, are repealed.
38-26 SECTION 81. (a) Except as otherwise provided by this
38-27 section, this Act takes effect immediately.
39-1 (b) The commission shall adopt rules necessary to implement
39-2 the changes in law made by this Act immediately after the effective
39-3 date of this Act.
39-4 (c) The changes in law made by this Act apply only to fees
39-5 collected for a license, stamp, or tag issued for the licensing
39-6 period that begins September 1, 1995, except that Sections 58 and
39-7 59 of this Act apply only to fees collected for a license issued
39-8 for the licensing period that begins January 1, 1996.
39-9 SECTION 82. The importance of this legislation and the
39-10 crowded condition of the calendars in both houses create an
39-11 emergency and an imperative public necessity that the
39-12 constitutional rule requiring bills to be read on three several
39-13 days in each house be suspended, and this rule is hereby suspended,
39-14 and that this Act take effect and be in force from and after its
39-15 passage, and it is so enacted.