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.