74R10856 E
By Kuempel H.B. No. 2216
Substitute the following for H.B. No. 2216:
By Kuempel C.S.H.B. No. 2216
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the issuance of licenses and stamps by the Parks and
1-3 Wildlife Department; providing penalties.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 11.056(a), Parks and Wildlife Code, is
1-6 amended to read as follows:
1-7 (a) The price of a wildlife art decal or stamp sold under
1-8 this subchapter is $5.00 or an amount set by the commission,
1-9 whichever amount is more. The department may issue other editions
1-10 of the stamp and decal at amounts set by the commission.
1-11 SECTION 2. Subchapter B, Chapter 12, Parks and Wildlife
1-12 Code, is amended by adding Section 12.119 to read as follows:
1-13 Sec. 12.119. VIOLATION OF COMMISSION RULE ON POSSESSION OF
1-14 LICENSE; PENALTY. (a) A person commits an offense if the person
1-15 violates a rule adopted by the commission relating to possessing a
1-16 license or stamp otherwise required by this code for hunting
1-17 wildlife resources or for catching aquatic life.
1-18 (b) An offense under this section is a Class C Parks and
1-19 Wildlife misdemeanor.
1-20 SECTION 3. Chapter 12, Parks and Wildlife Code, is amended
1-21 by adding Subchapter H to read as follows:
1-22 SUBCHAPTER H. LICENSE DEPUTIES
1-23 Sec. 12.701. ISSUANCE OF LICENSE, STAMP, PERMIT, OR TAG BY
1-24 LICENSE DEPUTIES. The department may authorize the issuance of a
2-1 license, stamp, permit, or tag by a license deputy.
2-2 Sec. 12.702. LICENSE DEPUTIES; FEES. (a) An employee of
2-3 the department, a county clerk, or another person designated or
2-4 contracted with by the department to issue and collect money
2-5 received for a license, stamp, permit, tag, or other similar item
2-6 is a license deputy and may issue and collect money for a license,
2-7 stamp, permit, tag, or other similar item issued under this code,
2-8 including a special issue stamp or decal.
2-9 (b) The commission by rule may set collection and issuance
2-10 fees for a license, stamp, tag, permit, or other similar item
2-11 issued under any chapter of this code. The commission shall not
2-12 set any collection or issuance fees for license deputies at amounts
2-13 less than the amounts in effect on June 1, 1995. If a collection
2-14 or issuance fee or other similar fee set by another section of this
2-15 code conflicts with this section, the collection or issuance fee
2-16 set under the authority of this section prevails.
2-17 Sec. 12.703. POINT-OF-SALE SYSTEM. (a) The department may
2-18 issue a license, stamp, tag, permit, or another similar item
2-19 authorized by this code through the use of automated equipment and
2-20 a point-of-sale system.
2-21 (b) The department may designate an entity to install the
2-22 system for the issuance of licenses, stamps, permits, tags, or
2-23 other similar items. A designated entity may collect revenue for
2-24 the department from license deputies.
2-25 (c) The commission by rule may set the amount of
2-26 compensation for a point-of-sale entity. The compensation may
2-27 include an amount to be retained by the entity from the fee
3-1 collected for each item issued by the entity.
3-2 Sec. 12.704. DUTIES OF LICENSE DEPUTIES. A license deputy
3-3 shall:
3-4 (1) complete and keep for the use of the department a
3-5 designated copy or other record of the sale of each license, stamp,
3-6 permit, or tag issued;
3-7 (2) keep a record of each license, stamp, permit, or
3-8 tag issued, showing:
3-9 (A) the identification of the purchaser;
3-10 (B) the serial number of the item sold;
3-11 (C) the date of issuance; and
3-12 (D) any other information required by the
3-13 department; and
3-14 (3) perform any other function required by the license
3-15 deputy's agreement with the department.
3-16 Sec. 12.705. LICENSE, STAMP, PERMIT, AND TAG SALES REPORTS.
3-17 (a) After the end of each calendar month or at any other time
3-18 designated by the department, a license deputy shall send to the
3-19 department a report on a form and in the manner prescribed by the
3-20 department.
3-21 (b) A license deputy shall furnish any other information or
3-22 material required by the license deputy's agreement with the
3-23 department.
3-24 (c) The commission by rule may establish reasonable
3-25 penalties for delinquent payments or reports from license deputies
3-26 and may establish payment discounts for timely payments or reports
3-27 from license deputies.
4-1 Sec. 12.706. UNISSUED ITEMS. A license deputy shall return
4-2 to the department, at the department's request, unissued licenses,
4-3 stamps, permits, tags, or any other materials or equipment
4-4 furnished to the license deputy by the department.
4-5 Sec. 12.707. ISSUANCE OR ACCEPTANCE OF LICENSE, STAMP,
4-6 PERMIT, OR TAG. No person may issue or accept a license, stamp,
4-7 permit, or tag required by this code except on a form provided by
4-8 the department.
4-9 SECTION 4. Section 42.002(a), Parks and Wildlife Code, is
4-10 amended to read as follows:
4-11 (a) Except as provided by Subsection (b) of this section, no
4-12 resident may hunt any bird or animal in this state without <first>
4-13 having acquired <and having in the person's immediate possession> a
4-14 <valid> hunting license.
4-15 SECTION 5. Chapter 42, Parks and Wildlife Code, is amended
4-16 by adding Section 42.006 to read as follows:
4-17 Sec. 42.006. POSSESSION OF LICENSE: RULES. The commission
4-18 by rule may prescribe requirements relating to possessing a license
4-19 issued under this chapter.
4-20 SECTION 6. Section 42.010(b), Parks and Wildlife Code, is
4-21 amended to read as follows:
4-22 (b) The department may issue tags for animals or birds
4-23 allowed by law to be killed during each year or season to holders
4-24 of licenses authorizing the killing of animals or birds. The
4-25 commission may establish fees for the tags <and collection fees for
4-26 the agent issuing the tags>.
4-27 SECTION 7. Section 42.012(a), Parks and Wildlife Code, is
5-1 amended to read as follows:
5-2 (a) The fee for a resident hunting license is $8 or an
5-3 amount set by the commission, whichever amount is more. <Fifty
5-4 cents of the fee may be retained by an authorized agent, other than
5-5 a department employee, issuing the license as his collection fee.>
5-6 SECTION 8. Section 42.0121, Parks and Wildlife Code, is
5-7 amended to read as follows:
5-8 Sec. 42.0121. LIFETIME RESIDENT HUNTING LICENSE FEE. The
5-9 fee for a lifetime resident hunting license is $300 or an amount
5-10 set by the commission, whichever amount is more. <Fifty cents of
5-11 the fee may be retained by an authorized agent, other than a
5-12 department employee, issuing the license as his collection fee.>
5-13 SECTION 9. Section 42.014, Parks and Wildlife Code, is
5-14 amended to read as follows:
5-15 Sec. 42.014. NONRESIDENT SPECIAL HUNTING LICENSE FEE. The
5-16 fee for a nonresident special hunting license is $37.75 or an
5-17 amount set by the commission, whichever amount is more.
5-18 <Seventy-five cents of the fee may be retained by the officer,
5-19 other than a department employee, issuing the license as his
5-20 collection fee.>
5-21 SECTION 10. Section 42.0141, Parks and Wildlife Code, is
5-22 amended to read as follows:
5-23 Sec. 42.0141. GENERAL NONRESIDENT HUNTING LICENSE FEE. The
5-24 fee for a general nonresident hunting license is $100.75 or an
5-25 amount set by the commission, whichever amount is more.
5-26 <Seventy-five cents of the fee may be retained by the officer,
5-27 other than a department employee, issuing the license as his
6-1 collection fee.>
6-2 SECTION 11. Section 42.0142(b), Parks and Wildlife Code, is
6-3 amended to read as follows:
6-4 (b) The fee for a nonresident banded bird hunting license is
6-5 an amount set by the commission. <Seventy-five cents of the fee
6-6 may be retained by an authorized agent, other than a department
6-7 employee, issuing the license as his collection fee.>
6-8 SECTION 12. Section 42.0143, Parks and Wildlife Code, is
6-9 amended to read as follows:
6-10 Sec. 42.0143. NONRESIDENT FIVE-DAY SPECIAL HUNTING LICENSE.
6-11 A nonresident five-day special hunting license is valid for five
6-12 consecutive days. The fee for the license is set by the commission
6-13 in an amount not to exceed 50 percent of the amount of the fee set
6-14 for a nonresident special hunting license. <Seventy-five cents of
6-15 the fee may be retained by an authorized agent, other than a
6-16 department employee, issuing the license as his collection fee.>
6-17 SECTION 13. Section 42.017(d), Parks and Wildlife Code, is
6-18 amended to read as follows:
6-19 (d) The fee for a duplicate license or tags is $5 or an
6-20 amount set by the commission, whichever amount is more. <Fifty
6-21 cents of the fee may be retained by the officer, other than a
6-22 department employee, issuing the license as his collection fee.>
6-23 SECTION 14. Section 42.0175(a), Parks and Wildlife Code, is
6-24 amended to read as follows:
6-25 (a) A license issued under this chapter, other than a
6-26 lifetime resident hunting license or a nonresident five-day special
6-27 hunting license is valid only during the yearly period for which
7-1 the license is issued without regard to the date on which a license
7-2 is acquired. Each yearly period begins on September 1 or on
7-3 another date set by the commission <of a year> and extends through
7-4 August 31 of the next year or another date set by the commission.
7-5 A license issued under this chapter other than a nonresident
7-6 five-day special hunting license that is issued before September 1
7-7 or another date set by the commission and does not expire until
7-8 August 31 of the next year or another date set by the commission is
7-9 valid from the date of issuance through August 31 of the following
7-10 year or another date set by the commission. The commission by rule
7-11 may set the amount of a license fee for a license issued during a
7-12 transition period at an amount lower than prescribed in this
7-13 chapter and provide for a license term for a transition period that
7-14 is shorter or longer than a year.
7-15 SECTION 15. Sections 42.022(a) and (d), Parks and Wildlife
7-16 Code, are amended to read as follows:
7-17 (a) No person may acquire or possess more than one hunting
7-18 license during a license year. For purposes of this section, a
7-19 violation does not occur unless a person acquires or possesses more
7-20 than one license having the same expiration date.
7-21 (d) For purposes of this section, a license year begins on
7-22 September 1 or another date set by the commission and extends
7-23 through August 31 of the next year or another date set by the
7-24 commission.
7-25 SECTION 16. Section 43.011(a), Parks and Wildlife Code, is
7-26 amended to read as follows:
7-27 (a) Except as provided by Subsection (b) of this section, no
8-1 person may hunt white-winged dove in this state unless the person
8-2 has acquired <in the person's possession> a white-winged dove stamp
8-3 issued to the person by the department. The commission by rule may
8-4 prescribe requirements relating to possessing a stamp required by
8-5 this subchapter.
8-6 SECTION 17. Section 43.012, Parks and Wildlife Code, is
8-7 amended to read as follows:
8-8 Sec. 43.012. ISSUANCE OF STAMP. (a) The department <or its
8-9 agent> may issue a white-winged dove stamp to any person on the
8-10 payment to the department of $6 or an amount set by the commission,
8-11 whichever amount is more. The department may issue other editions
8-12 of the stamp that are not valid for hunting at an amount set by the
8-13 commission.
8-14 (b) The stamp shall be issued in the form and manner
8-15 prescribed by the department and, except as provided by Subsection
8-16 (c), must be signed on its face by the person using the stamp for
8-17 the stamp to be valid for hunting purposes.
8-18 (c) The commission by rule may prescribe alternate
8-19 requirements for identifying the purchaser of a stamp issued in an
8-20 automated manner.
8-21 (d) A stamp issued under this subchapter is valid for
8-22 hunting only during the yearly period for which the stamp is issued
8-23 without regard to the date on which the stamp is acquired. A
8-24 yearly period begins on September 1 or another date set by the
8-25 commission and extends through August 31 of the next year or
8-26 another date set by the commission. The commission by rule may set
8-27 the amount of a stamp fee for a stamp issued during a transition
9-1 period at an amount lower than prescribed in this subchapter and
9-2 provide for a stamp term for a transition period that is shorter or
9-3 longer than a year.
9-4 SECTION 18. Section 43.014, Parks and Wildlife Code, is
9-5 amended to read as follows:
9-6 Sec. 43.014. DISPOSITION OF STAMP FEES. (a) <Fifty cents
9-7 of the fee collected under this subchapter may be retained by the
9-8 agent of the department, other than a department employee, as his
9-9 collection fee.>
9-10 <(b)> After deduction of the collection fee, if allowed, the
9-11 receipts from stamp sales shall be sent to the department.
9-12 (b) <(c)> The stamp sale receipts may be spent only for
9-13 research and management for the protection of white-winged dove and
9-14 for the acquisition, lease, or development of white-winged dove
9-15 habitat in the state. Not more than one-half of the receipts may
9-16 be expended for research and management.
9-17 SECTION 19. Section 43.045, Parks and Wildlife Code, is
9-18 amended to read as follows:
9-19 Sec. 43.045. DURATION OF LICENSE. A hunting lease license
9-20 is valid for the period from September 1 or another date set by the
9-21 commission through <the following> August 31 of the next year or
9-22 another date set by the commission. The commission by rule may set
9-23 the amount of a license fee for a license issued during a
9-24 transition period at an amount lower than prescribed in this
9-25 subchapter and provide for a license term for a transition period
9-26 that is shorter or longer than a year.
9-27 SECTION 20. Section 43.0485(d), Parks and Wildlife Code, is
10-1 amended to read as follows:
10-2 (d) Not later than August 31 of a license year or another
10-3 date set by the commission, the holder of a hunting lease license
10-4 shall deliver the record book to a game warden in the county in
10-5 which the hunting lease is located. The record book must include
10-6 information required by the department on the license year's
10-7 hunting activity on the hunting lease.
10-8 SECTION 21. Sections 43.0722(c) and (f), Parks and Wildlife
10-9 Code, are amended to read as follows:
10-10 (c) The fee <fees> for a private bird hunting area license
10-11 is $60 <licenses are determined by the following schedule> or an
10-12 amount set by the commission, whichever amount is more<:>
10-13 <(1) $50 if the private bird hunting area is less than
10-14 2,000 contiguous acres;>
10-15 <(2) $100 if the private bird hunting area is at least
10-16 2,000 but less than 4,000 contiguous acres; and>
10-17 <(3) $200 if the private bird hunting area is more
10-18 than 4,000 contiguous acres>.
10-19 (f) The private bird hunting area license is valid from
10-20 September 1 or another date set by the commission through <the
10-21 following> August 31 of the next year or another date set by the
10-22 commission. The commission by rule may set the amount of a license
10-23 fee for a license issued during a transition period at an amount
10-24 lower than prescribed in this subchapter and provide for a license
10-25 term for a transition period that is shorter or longer than a year.
10-26 SECTION 22. Section 43.0761(e), Parks and Wildlife Code, is
10-27 amended to read as follows:
11-1 (e) The record book shall contain all information concerning
11-2 hunting activities that occurred on the licensed area from
11-3 September 1 through the following August 31 or another yearly
11-4 period established by the commission, and must be retained and
11-5 available for inspection by a game warden for a period of one year
11-6 from the expiration date of the license year for which the record
11-7 book is applicable. The commission may provide for a recording
11-8 period during a transition period that corresponds to the license
11-9 term for the transition period.
11-10 SECTION 23. Section 43.201, Parks and Wildlife Code, is
11-11 amended by amending Subsections (a) and (b) and adding Subsections
11-12 (d) and (e) to read as follows:
11-13 (a) Except as provided by Subsection (c) or (d) of this
11-14 section, no person may hunt wild deer, bear, turkey, or javelina
11-15 (collared peccary) during an open archery season provided by law or
11-16 by the proclamations of the commission and during which season only
11-17 longbows and arrows may be used unless the person has <first>
11-18 acquired <from the department> an archery hunting stamp issued to
11-19 the person by the department. The commission by rule may prescribe
11-20 requirements relating to possessing a stamp required by this
11-21 subchapter.
11-22 (b) The stamp shall be issued in the form and manner
11-23 prescribed by the department and, except as provided by Subsection
11-24 (d), must be signed on its face by the person using the stamp for
11-25 the stamp to be valid for hunting purposes.
11-26 (d) The commission by rule may prescribe alternate
11-27 requirements for identifying the purchaser of a stamp issued in an
12-1 automated manner.
12-2 (e) A stamp issued under this subchapter is valid for
12-3 hunting only during the yearly period for which the stamp is issued
12-4 without regard to the date on which the stamp is acquired. Each
12-5 yearly period begins on September 1 or another date set by the
12-6 commission and extends through August 31 of the next year or
12-7 another date set by the commission. The commission by rule may set
12-8 the amount of a stamp fee for a stamp issued during a transition
12-9 period at an amount lower than prescribed in this subchapter and
12-10 provide for a stamp term for a transition period that is shorter or
12-11 longer than a year.
12-12 SECTION 24. Section 43.202, Parks and Wildlife Code, is
12-13 amended to read as follows:
12-14 Sec. 43.202. FEE. The fee for an archery hunting stamp is
12-15 $6 or an amount set by the commission, whichever amount is more.
12-16 The department may issue other editions of the stamp that are not
12-17 valid for hunting at an amount set by the commission. <Fifty cents
12-18 shall be retained by the agent issuing the stamp as a collection
12-19 fee, except that employees of the department may not retain the
12-20 collection fee.>
12-21 SECTION 25. Section 43.251(a), Parks and Wildlife Code, is
12-22 amended to read as follows:
12-23 (a) Except as provided by Subsection (b) of this section, no
12-24 person may hunt turkeys in this state unless the person has
12-25 acquired <in the person's possession> a turkey stamp issued to the
12-26 person by the department. The commission by rule may prescribe
12-27 stamp possession requirements relating to possessing a stamp
13-1 required by this subchapter.
13-2 SECTION 26. Section 43.252, Parks and Wildlife Code, is
13-3 amended by amending Subsection (a) and adding Subsections (d) and
13-4 (e) to read as follows:
13-5 (a) The department may issue a turkey stamp to any person on
13-6 the payment to the department of $5 or an amount set by the
13-7 commission, whichever amount is more. The department may issue
13-8 other editions of the stamp that are not valid for hunting at an
13-9 amount set by the commission. Except as provided by Subsection
13-10 (d), the stamp must be signed on its face by the person using the
13-11 stamp for the stamp to be valid for hunting purposes.
13-12 (d) The commission by rule may prescribe alternate
13-13 requirements for identifying the purchaser of a stamp issued in an
13-14 automated manner.
13-15 (e) A stamp issued under this subchapter is valid for
13-16 hunting only during the yearly period for which the stamp is issued
13-17 without regard to the date on which the stamp is acquired. Each
13-18 yearly period begins on September 1 or another date set by the
13-19 commission and extends through August 31 of the next year or
13-20 another date set by the commission. The commission by rule may set
13-21 the amount for a stamp fee for a stamp issued during a transition
13-22 period at an amount lower than prescribed in this subchapter and
13-23 provide for a stamp term for a transition period that is shorter or
13-24 longer than a year.
13-25 SECTION 27. Section 43.254, Parks and Wildlife Code, is
13-26 amended to read as follows:
13-27 Sec. 43.254. Disposition of Stamp Fees. (a) <Fifty cents
14-1 of the fee collected under this subchapter may be retained by the
14-2 agent of the department, other than a department employee, as a
14-3 collection fee.>
14-4 <(b)> After deduction of any collection fee, the net
14-5 receipts from stamp sales shall be sent to the department.
14-6 (b) <(c)> The stamp sale net receipts may be spent only for
14-7 research, management, and protection of turkeys and for the
14-8 acquisition, lease, or development of turkey habitats in the state.
14-9 SECTION 28. Section 43.302(a), Parks and Wildlife Code, is
14-10 amended to read as follows:
14-11 (a) Except as provided by Subsection (b) of this section, no
14-12 person may hunt waterfowl in this state unless the person has
14-13 acquired <in the person's possession> a waterfowl stamp issued to
14-14 the person by the department. The commission by rule may prescribe
14-15 requirements relating to possessing a stamp required by this
14-16 subchapter.
14-17 SECTION 29. Section 43.303, Parks and Wildlife Code, is
14-18 amended by amending Subsection (a) and adding Subsections (d) and
14-19 (e) to read as follows:
14-20 (a) The department <or its agent> may issue a waterfowl
14-21 stamp to any person on the payment to the department of $5 or an
14-22 amount set by the commission, whichever amount is more. The
14-23 department may issue other editions of the stamp that are not valid
14-24 for hunting at an amount set by the commission. Except as provided
14-25 by Subsection (d), the stamp must be signed on its face by the
14-26 person using the stamp <to whom it is issued> for the stamp to be
14-27 valid for hunting purposes.
15-1 (d) The commission by rule may prescribe alternate
15-2 requirements for identifying the purchaser of a stamp issued in an
15-3 automated manner.
15-4 (e) A stamp issued under this subchapter is valid for
15-5 hunting only during the yearly period for which the stamp is issued
15-6 without regard to the date on which the stamp is acquired. Each
15-7 yearly period begins on September 1 or another date set by the
15-8 commission and extends through August 31 of the next year or
15-9 another date set by the commission. The commission by rule may set
15-10 the amount of a stamp fee for a stamp issued during a transition
15-11 period at an amount lower than prescribed in this subchapter and
15-12 provide for a stamp term that is shorter or longer than a year.
15-13 SECTION 30. Section 43.305, Parks and Wildlife Code, is
15-14 amended to read as follows:
15-15 Sec. 43.305. Disposition of Stamp Fees. (a) <Fifty cents
15-16 of the fee collected under this subchapter may be retained by the
15-17 agent of the department, other than a department employee, as a
15-18 collection fee.>
15-19 <(b)> After deduction of any collection fee, the net
15-20 receipts from stamp sales shall be sent to the department.
15-21 (b) <(c)> The stamp sale net receipts may be spent only for
15-22 research, management, and protection of waterfowl, for the
15-23 acquisition, lease, or development of waterfowl habitats in the
15-24 state, and for grants as provided by Section 43.306 of this code.
15-25 Not more than one-half of the receipts may be spent for research,
15-26 management, and protection.
15-27 SECTION 31. Section 43.402(a), Parks and Wildlife Code, is
16-1 amended to read as follows:
16-2 (a) Except as provided by Subsection (b) or (c) of this
16-3 section, no person may engage in fishing in saltwater for sporting
16-4 purposes in this state unless the person has acquired <in the
16-5 person's possession> a saltwater sportfishing stamp issued to the
16-6 person by the department. The commission by rule may prescribe
16-7 requirements relating to possessing a stamp required by this
16-8 subchapter.
16-9 SECTION 32. Section 43.403, Parks and Wildlife Code, is
16-10 amended by amending Subsection (a) and adding Subsection (d) to
16-11 read as follows:
16-12 (a) The department <or its agent> may issue a saltwater
16-13 sportfishing stamp to any person on the payment to the department
16-14 of $5 or an amount set by the commission, whichever amount is more.
16-15 The department may issue other editions of the stamp that are not
16-16 valid for fishing at an amount set by the commission. Except as
16-17 provided by Subsection (d), the stamp must be signed on its face by
16-18 the person using the stamp for the stamp to be valid for fishing
16-19 purposes.
16-20 (d) The commission by rule may prescribe alternate
16-21 requirements for identifying the purchaser of a stamp issued in an
16-22 automated manner.
16-23 SECTION 33. Section 43.4035, Parks and Wildlife Code, is
16-24 amended to read as follows:
16-25 Sec. 43.4035. Expiration of Stamp. (a) Except as provided
16-26 by Subsection (b) or (c), a stamp issued under this subchapter is
16-27 valid for fishing only during the yearly period for which the stamp
17-1 is issued without regard to the date on which the stamp is
17-2 acquired. Each yearly period begins on September 1 or another date
17-3 set by the commission and extends through August 31 of the next
17-4 year or another date set by the commission. The commission by rule
17-5 may set the amount of a stamp fee for a stamp issued during a
17-6 transition period at an amount lower than prescribed in this
17-7 subchapter and provide for a stamp term for a transition period
17-8 that is shorter or longer than a year.
17-9 (b) A saltwater sportfishing stamp issued before September 1
17-10 or another date set by the commission that does not expire until
17-11 August 31 of the following year or another date set by the
17-12 commission is valid from the date of issuance through August 31 of
17-13 the following year or another date set by the commission.
17-14 (c) <(b)> A saltwater sportfishing stamp issued in
17-15 conjunction with a license issued under Section 46.005 or 46.0051
17-16 of this code expires at the same time the license expires or on the
17-17 expiration date printed on the stamp, whichever is later.
17-18 SECTION 34. Section 43.405, Parks and Wildlife Code, is
17-19 amended to read as follows:
17-20 Sec. 43.405. Collection Fees. (a) <Fifty cents of the fee
17-21 collected under this subchapter shall be retained by the agent of
17-22 the department, other than a department employee, as a collection
17-23 fee.>
17-24 <(b)> After deduction of the collection fee, the net
17-25 receipts from stamp sales shall be sent to the department.
17-26 (b) <(c)> The stamp sale net receipts shall be spent for
17-27 coastal fisheries enforcement and management and are hereby
18-1 appropriated for such purposes.
18-2 SECTION 35. Section 43.502(a), Parks and Wildlife Code, is
18-3 amended to read as follows:
18-4 (a) Except as provided by Subsection (b) or (c) of this
18-5 section, no person may take or attempt to take any trout from
18-6 public waters in this state unless the person has acquired
18-7 <without having in possession> a freshwater trout stamp issued to
18-8 the person by the department. The commission by rule may prescribe
18-9 requirements relating to possessing a stamp required by this
18-10 subchapter.
18-11 SECTION 36. Section 43.503, Parks and Wildlife Code, is
18-12 amended by amending Subsection (a) and by adding Subsection (d) to
18-13 read as follows:
18-14 (a) The department <or its agent> may issue a freshwater
18-15 trout stamp to any person on the payment to the department of $5 or
18-16 an amount set by the commission, whichever amount is more. The
18-17 department may issue other editions of the stamp that are not valid
18-18 for fishing at an amount set by the commission. Except as provided
18-19 by Subsection (d), the stamp must be signed on its face by the
18-20 person using the stamp for the stamp to be valid for fishing
18-21 purposes.
18-22 (d) The commission by rule may prescribe alternate
18-23 requirements for identifying the purchaser of a stamp issued in an
18-24 automated manner.
18-25 SECTION 37. Section 43.505, Parks and Wildlife Code, is
18-26 amended to read as follows:
18-27 Sec. 43.505. DISPOSITION OF STAMP FEES. (a) <Fifty cents
19-1 of the fee collected under this subchapter may be retained by the
19-2 agent of the department, other than a department employee, as a
19-3 collection fee.>
19-4 <(b)> After deduction of any collection fee, the net
19-5 receipts from stamp sales shall be sent to the department.
19-6 (b) <(c)> The stamp sale net receipts may be spent for any
19-7 purposes authorized by Section 11.033 of this code and are hereby
19-8 appropriated for such purposes.
19-9 SECTION 38. Subchapter N, Chapter 43, Parks and Wildlife
19-10 Code, is amended by adding Section 43.508 to read as follows:
19-11 Sec. 43.508. EXPIRATION OF STAMP. (a) Except as provided
19-12 by Subsection (b) or (c), a stamp issued under this subchapter is
19-13 valid for fishing only during the yearly period for which the stamp
19-14 is issued without regard to the date on which the stamp is
19-15 acquired. Each yearly period begins on September 1 or another date
19-16 set by the commission and extends through August 31 of the next
19-17 year or another date set by the commission. The commission by rule
19-18 may set the amount of a stamp fee for a stamp issued during a
19-19 transition period at an amount lower than prescribed in this
19-20 subchapter and provide for a stamp term for a transition period
19-21 that is shorter or longer than a year.
19-22 (b) A freshwater trout stamp issued before September 1 or
19-23 another date set by the commission that does not expire until
19-24 August 31 of the next year or another date set by the commission is
19-25 valid from the date of issuance through August 31 of the next year
19-26 or another date set by the commission.
19-27 (c) A freshwater trout stamp issued in conjunction with a
20-1 license issued under Section 46.005 or 46.0051 expires at the same
20-2 time the license expires or on the expiration date printed on the
20-3 stamp, whichever is later.
20-4 SECTION 39. Section 43.524, Parks and Wildlife Code, is
20-5 amended to read as follows:
20-6 Sec. 43.524. Disposition of Conservation Permit Fees.
20-7 (a) <Fifty cents of each conservation permit fee collected under
20-8 Section 43.522 of this code by an agent of the department, other
20-9 than a department employee, may be retained as a collection fee by
20-10 the agent.>
20-11 <(b)> After deducting any <a> collection fee <under
20-12 Subsection (a) of this section>, an agent of the department shall
20-13 send to the department the net receipts from the sale of
20-14 conservation permits.
20-15 (b) <(c)> The department may use the net receipts from the
20-16 sale of conservation permits for the sole purpose of acquiring,
20-17 leasing, or developing state lands, paying principal and interest
20-18 on Texas Park Development Bonds, or operating land or facilities
20-19 under the department's control.
20-20 SECTION 40. Section 43.581, Parks and Wildlife Code, is
20-21 amended to read as follows:
20-22 Sec. 43.581. Muzzleloader Hunting Stamp Required. (a)
20-23 Except as provided by Subsection (b), no <No> person may hunt wild
20-24 deer, turkey, or javelina (collared peccary) during an open season
20-25 prescribed by law or by proclamation of the commission during which
20-26 only muzzleloaders may be used for hunting unless the person has
20-27 acquired <in the person's possession> a muzzleloader hunting stamp
21-1 from the department. The commission by rule may prescribe
21-2 requirements relating to possessing a stamp required by this
21-3 subchapter.
21-4 (b) The commission by rule may exempt a person from the
21-5 stamp requirement of this section.
21-6 SECTION 41. Section 43.582, Parks and Wildlife Code, is
21-7 amended to read as follows:
21-8 Sec. 43.582. Issuance and Form of Stamp. (a) The
21-9 department <or its agent> may issue a muzzleloader hunting stamp.
21-10 The stamp shall be issued in a form and manner prescribed by the
21-11 department. Except as provided by Subsection (b), the <The> stamp
21-12 must be signed on its face by the person using the stamp <to whom
21-13 it is issued> for the stamp to be valid for hunting purposes. The
21-14 department may issue other editions of the stamp that are not valid
21-15 for hunting at an amount set by the commission.
21-16 (b) The commission by rule may prescribe alternate
21-17 requirements for identifying the purchaser of a stamp issued in an
21-18 automated manner.
21-19 (c) A stamp issued under this subchapter is valid for
21-20 hunting only during the yearly period for which the stamp is issued
21-21 without regard to the date on which the stamp is acquired. Each
21-22 yearly period begins on September 1 or another date set by the
21-23 commission and extends through August 31 of the next year or
21-24 another date set by the commission. The commission by rule may set
21-25 the amount of a stamp fee for a stamp issued during a transition
21-26 period at an amount lower than prescribed in this subchapter and
21-27 provide for a stamp term for a transition period that is shorter or
22-1 longer than a year.
22-2 SECTION 42. Section 43.583, Parks and Wildlife Code, is
22-3 amended to read as follows:
22-4 Sec. 43.583. Fee. The fee for a muzzleloader stamp is $10
22-5 or an amount set by the commission, whichever amount is more. The
22-6 commission may set a different amount for another edition of the
22-7 stamp issued under Section 43.582.
22-8 SECTION 43. Section 43.585, Parks and Wildlife Code, is
22-9 amended to read as follows:
22-10 Sec. 43.585. Disposition of Fees. <(a) Fifty cents of a
22-11 fee collected under this subchapter may be retained as a collection
22-12 fee by an agent of the department other than a department employee.>
22-13 <(b)> After deduction of any collection fee, the net
22-14 receipts from stamp sales shall be sent to the department.
22-15 SECTION 44. Section 44.003, Parks and Wildlife Code, is
22-16 amended to read as follows:
22-17 Sec. 44.003. Game Breeder's License. The department shall
22-18 issue a game breeder's license on payment of a license fee of $10
22-19 or an amount set by the commission, whichever amount is more. The
22-20 license is valid for a yearly period. Each yearly period begins on
22-21 September 1 or another date set by the commission <of a year> and
22-22 extends through August 31 of the next year or another date set by
22-23 the commission. The commission by rule may set the amount of a
22-24 license fee for a license issued during a transition period at an
22-25 amount lower than prescribed in this section and provide for a
22-26 license term for a transition period that is shorter or longer than
22-27 a year.
23-1 SECTION 45. Section 44.007, Parks and Wildlife Code, is
23-2 amended to read as follows:
23-3 Sec. 44.007. Records. (a) Each game breeder shall keep a
23-4 written record in a suitably bound book for the period from August
23-5 1 until the following July 31 or another yearly period established
23-6 by the commission containing:
23-7 (1) the number and source of each kind of game animal
23-8 on hand at the time the license is issued;
23-9 (2) the number, source, and date of receipt of each
23-10 kind of game animal on hand at any time after the license is
23-11 obtained;
23-12 (3) the number of each kind of game animal shipped or
23-13 delivered, the date of shipment or delivery, and the name and
23-14 address of persons to whom the shipment or delivery is made; and
23-15 (4) any other information determined by the commission
23-16 to be necessary to enforce the provisions of this chapter.
23-17 (b) During August or another month set by the commission of
23-18 each year, but before August 31 or another date established by the
23-19 commission, a game breeder shall send to the department a report
23-20 showing the information required by this section.
23-21 SECTION 46. Section 45.002(c), Parks and Wildlife Code, is
23-22 amended to read as follows:
23-23 (c) A license is valid for a yearly period. Each yearly
23-24 period begins on September 1 or another date set by the commission
23-25 <of a year> and extends through August 31 of the next year or
23-26 another date set by the commission. The commission by rule may set
23-27 the amount of a license fee for a license issued during a
24-1 transition period at an amount lower than prescribed in this
24-2 section and provide for a license term for a transition period that
24-3 is shorter or longer than a year.
24-4 SECTION 47. Section 45.008(b), Parks and Wildlife Code, is
24-5 amended to read as follows:
24-6 (b) During August of each year or another month set by the
24-7 commission, but before August 31 or another date established by the
24-8 commission, a commercial game bird breeder shall send to the
24-9 department a report showing the total number of game birds in the
24-10 possession of the breeder during the reporting period and
24-11 accounting for the acquisition and disposition of each game bird.
24-12 The reporting period is from August 1 of the preceding year through
24-13 July 31 of the current year or another yearly period established by
24-14 the commission.
24-15 SECTION 48. Section 46.001, Parks and Wildlife Code, is
24-16 amended to read as follows:
24-17 Sec. 46.001. Prohibited Acts. No person may fish in the
24-18 public water of this state unless he has acquired <obtained> a
24-19 fishing license issued under this subchapter, except as provided by
24-20 Sections 46.0012 and 46.002 of this code. The commission by rule
24-21 may prescribe requirements relating to possessing a license
24-22 required by this subchapter.
24-23 SECTION 49. Section 46.0045, Parks and Wildlife Code, is
24-24 amended to read as follows:
24-25 Sec. 46.0045. TAG FEES. The commission by rule may
24-26 establish fees for initial and duplicate tags issued under this
24-27 subchapter <and for issuance or collection fees for license
25-1 deputies issuing the tags>.
25-2 SECTION 50. Section 46.005, Parks and Wildlife Code, is
25-3 amended to read as follows:
25-4 Sec. 46.005. TEMPORARY SPORTFISHING LICENSES <LICENSE>. (a)
25-5 Any person who is a Texas resident or other person designated by
25-6 the commission is entitled to receive from the department a license
25-7 allowing fishing for sporting purposes in public water for a period
25-8 of 14 consecutive days or other period set by the commission. The
25-9 commission may authorize the issuance of more than one type of
25-10 license under this subsection and may prescribe the categories of
25-11 persons to whom the licenses may be issued.
25-12 (b) The fee for a <the> temporary sportfishing license is
25-13 <$5 or> an amount set by the commission<, whichever amount is more.
25-14 Fifty cents may be retained as a collection fee by the issuing
25-15 officer, other than a department employee>.
25-16 SECTION 51. Section 46.0051, Parks and Wildlife Code, is
25-17 amended to read as follows:
25-18 Sec. 46.0051. TEMPORARY NONRESIDENT LICENSES <LICENSE>. (a)
25-19 A nonresident or other person designated by the commission <alien>
25-20 is entitled to receive from the department a license allowing
25-21 fishing for sporting purposes in public water for a period of five
25-22 consecutive days or other period set by the commission. The
25-23 commission may authorize the issuance of more than one type of
25-24 license under this subsection and may prescribe the categories of
25-25 persons to whom the licenses may be issued.
25-26 (b) The fee for a license <fee> is <$7 or> an amount set by
25-27 the commission<, whichever amount is more. Fifty cents of the fee
26-1 may be retained as a collection fee by the issuing officer, other
26-2 than a department employee>.
26-3 SECTION 52. Section 46.006(b), Parks and Wildlife Code, as
26-4 amended by Chapters 457 and 838, Acts of the 73rd Legislature,
26-5 Regular Session, 1993, is amended to read as follows:
26-6 (b) The application for a duplicate license or tag must be
26-7 an affidavit containing:
26-8 (1) a statement of fact concerning the loss or
26-9 destruction of the license or tag; and
26-10 <(2) the serial number of the lost or destroyed
26-11 license or tag.>
26-12 (2) any other information which the commission by
26-13 regulation may prescribe as necessary.
26-14 SECTION 53. Section 46.007, Parks and Wildlife Code, as
26-15 amended by Chapters 457 and 838, Acts of the 73rd Legislature,
26-16 Regular Session, 1993, is amended to read as follows:
26-17 Sec. 46.007. Expiration of Licenses and Tags. (a) Except
26-18 as provided by Subsections (b), (c), <and> (d), (e), and (f) of
26-19 this section, a license required or authorized by this subchapter
26-20 is valid only during the yearly period for which it is issued
26-21 without regard to the date on which the license is acquired. Each
26-22 yearly period begins on September 1 or another date set by the
26-23 commission <of a year> and extends through August 31 of the next
26-24 year or another date set by the commission. The commission by rule
26-25 may set the amount of a license fee for a license issued during a
26-26 transition period at an amount lower than prescribed in this
26-27 section and provide for a license term for a transition period that
27-1 is shorter or longer than a year.
27-2 (b) A license issued under Section 46.005 or 46.0051 of this
27-3 code is valid for the number of consecutive days authorized and
27-4 does not necessarily expire on August 31 or another date set by the
27-5 commission.
27-6 (c) A tag or duplicate tag required or authorized by this
27-7 subchapter is valid for a period as established by the commission.
27-8 (d) <(c)> A license issued under Section 46.004 of this code
27-9 that is issued before September 1 or another date set by the
27-10 commission and does not expire until August 31 of the following
27-11 year or another date set by the commission is valid from the date
27-12 of issuance through August 31 of the following year or another date
27-13 set by the commission.
27-14 (e) <(d)> A lifetime resident fishing license is valid for
27-15 the lifetime of the license holder.
27-16 (f) <(e)> A duplicate license is valid for the period of
27-17 validity of the original license only.
27-18 SECTION 54. Section 46.0085, Parks and Wildlife Code, is
27-19 amended to read as follows:
27-20 Sec. 46.0085. Form and Issuance of LICENSES <License> and
27-21 Tags. (a) The department shall issue and prescribe the form <of>
27-22 and manner of issuance of <shall issue> the licenses and tags
27-23 authorized by this chapter. The commission by rule may prescribe
27-24 identification and compliance requirements.
27-25 (b) A license and tag issued under this chapter is not valid
27-26 until the person to whom it is issued completes all required
27-27 information on the license and tag.
28-1 (c) The department may issue tags for finfish species
28-2 allowed by law to be taken during each year or season from coastal
28-3 waters of the state to holders of licenses authorizing the taking
28-4 of finfish species or to other categories of persons.
28-5 SECTION 55. Section 46.102, Parks and Wildlife Code, is
28-6 amended to read as follows:
28-7 Sec. 46.102. Fishing License Required. Except as provided
28-8 in this subchapter, no person may catch fish in Lake Texoma unless
28-9 he has acquired <and possesses on his person> a <valid> license
28-10 issued under this subchapter. The commission by rule may prescribe
28-11 requirements relating to possessing a license required by this
28-12 subchapter.
28-13 SECTION 56. Section 46.104(b), Parks and Wildlife Code, is
28-14 amended to read as follows:
28-15 (b) The fee for the license is $5.75 or an amount set by the
28-16 commission, whichever amount is more. <Seventy-five cents of the
28-17 fee may be retained by the issuing officer, other than a department
28-18 employee.>
28-19 SECTION 57. Section 46.105(b), Parks and Wildlife Code, is
28-20 amended to read as follows:
28-21 (b) The fee for the license is $1.25 or an amount set by the
28-22 commission, whichever amount is more. <Fifteen cents of the fee
28-23 may be retained by the officer issuing the license, other than a
28-24 department employee.>
28-25 SECTION 58. Section 47.007(e), Parks and Wildlife Code, is
28-26 amended to read as follows:
28-27 (e) The fee for a commercial fishing boat license for a boat
29-1 that is not numbered under Chapter 31 of this code or does not have
29-2 a certificate of documentation issued by the United States Coast
29-3 Guard that lists an address in Texas for the boat owner or other
29-4 criteria established by the commission <a home port in this state>
29-5 is $60 or an amount set by the commission, whichever amount is
29-6 more.
29-7 SECTION 59. Section 47.031(a), Parks and Wildlife Code, is
29-8 amended to read as follows:
29-9 (a) All licenses and permits issued under the authority of
29-10 Chapter 47 of this code are valid only during the yearly period for
29-11 which they are issued without regard to the date on which the
29-12 licenses are acquired. Each yearly period begins on September 1 or
29-13 another date set by the commission <of a year> and extends through
29-14 August 31 of the next year or another date set by the commission.
29-15 The commission by rule may set the amount of a license fee for a
29-16 license issued during a transition period at an amount lower than
29-17 prescribed in this chapter and provide for a license term for a
29-18 transition period that is shorter or longer than a year.
29-19 SECTION 60. Section 50.001, Parks and Wildlife Code, is
29-20 amended by adding Subsection (c) to read as follows:
29-21 (c) The commission shall establish combination licenses or
29-22 license packages for hunting, fishing, and other activities. The
29-23 commission may set fees for those combination licenses or license
29-24 packages. The fees set for combination licenses or license
29-25 packages shall be less than the fees for the individual licenses,
29-26 permits, or stamps that are combined in the combination licenses or
29-27 license packages.
30-1 SECTION 61. Section 50.0011, Parks and Wildlife Code, is
30-2 amended to read as follows:
30-3 Sec. 50.0011. Definition. In this chapter, "resident"
30-4 means:
30-5 (1) an individual who has resided continuously in this
30-6 state for more than six months immediately before applying for a
30-7 license issued under this chapter;
30-8 (2) a member of the United States armed forces on
30-9 active duty;
30-10 (3) a dependent of a member of the United States armed
30-11 forces on active duty; or
30-12 (4) a member of any other category of individuals that
30-13 the commission by regulation designates as residents.
30-14 SECTION 62. Sections 50.0021(a) and (b), Parks and Wildlife
30-15 Code, are amended to read as follows:
30-16 (a) Except as provided by Subsections (b) and (c) of this
30-17 section, a license required or authorized by this chapter is valid
30-18 only during the yearly period for which the license is issued
30-19 without regard to the date on which the license is acquired. Each
30-20 yearly period begins on September 1 or another date set by the
30-21 commission <of a year> and extends through August 31 of the next
30-22 year or another date set by the commission. The commission by rule
30-23 may set the amount of a license fee for a license issued during a
30-24 transition period at an amount lower than prescribed in this
30-25 chapter and provide for a license term for a transition period that
30-26 is shorter or longer than a year.
30-27 (b) A license issued under the authority of this chapter
31-1 that is issued before September 1 or another date set by the
31-2 commission and does not expire until August 31 or another date set
31-3 by the commission of the following year is valid from the date of
31-4 issuance through August 31 of the following year or another date
31-5 set by the commission.
31-6 SECTION 63. Section 50.004(a), Parks and Wildlife Code, is
31-7 amended to read as follows:
31-8 (a) The department shall issue and prescribe the form and
31-9 manner of issuance of the license <and shall attach to it deer tags
31-10 as provided in Chapter 42 of this code>. The commission by rule
31-11 may prescribe identification and compliance requirements.
31-12 SECTION 64. Chapter 65, Parks and Wildlife Code, is amended
31-13 by adding Section 65.0071 to read as follows:
31-14 Sec. 65.0071. EXPIRATION OF LICENSES. A license issued
31-15 under this chapter is valid only during the yearly period for which
31-16 the license is issued without regard to the date on which the
31-17 license is acquired. Each yearly period begins on September 1 or
31-18 another date set by the commission and extends through August 31 of
31-19 the next year or another date set by the commission. The
31-20 commission by rule may set the amount of a license fee for a
31-21 license issued during a transition period at an amount lower than
31-22 prescribed in this chapter and provide for a license term for a
31-23 transition period that is shorter or longer than a year.
31-24 SECTION 65. Section 66.017(a), Parks and Wildlife Code, is
31-25 amended to read as follows:
31-26 (a) All licenses, tags, and permits issued under the
31-27 authority of Chapter 66 of this code are valid only during the
32-1 yearly period for which they are issued without regard to the date
32-2 on which the licenses are acquired. Each yearly period begins on
32-3 September 1 or another date set by the commission <of a year> and
32-4 extends through August 31 of the next year or another date set by
32-5 the commission. The commission by rule may set the amount of a
32-6 license fee for a license issued during a transition period at an
32-7 amount lower than prescribed in this chapter and provide for a
32-8 license term for a transition period that is shorter or longer than
32-9 a year.
32-10 SECTION 66. Section 71.010, Parks and Wildlife Code, is
32-11 amended to read as follows:
32-12 Sec. 71.010. License Period. The license period for
32-13 licenses issued under this chapter is September 1 or another date
32-14 set by the commission <of one year> through August 31 of the next
32-15 <following> year or another date set by the commission, and a
32-16 license is current and valid only for the license period for which
32-17 it is issued. The commission by rule may set the amount of a
32-18 license fee for a license issued during a transition period at an
32-19 amount lower than prescribed in this chapter and provide for a
32-20 license term for a transition period that is shorter or longer than
32-21 a year.
32-22 SECTION 67. Section 76.103, Parks and Wildlife Code, is
32-23 amended to read as follows:
32-24 Sec. 76.103. Types of Licenses; Period of Validity. A
32-25 commercial oyster boat license, commercial oyster boat captain's
32-26 license, sport oyster boat license, or commercial oyster
32-27 fisherman's license expires on August 31 of the yearly period for
33-1 which it is issued or another date set by the commission.
33-2 SECTION 68. Section 76.1031(a), Parks and Wildlife Code, is
33-3 amended to read as follows:
33-4 (a) All licenses issued under the authority of Chapter 76 of
33-5 this code are valid only during the yearly period for which they
33-6 are issued without regard to the date on which the licenses are
33-7 acquired. Each yearly period begins on September 1 or another date
33-8 set by the commission <of a year> and extends through August 31 of
33-9 the next year or another date set by the commission. The
33-10 commission by rule may set the amount of a license fee for a
33-11 license issued during a transition period at an amount lower than
33-12 prescribed in this chapter and provide for a license term for a
33-13 transition period that is shorter or longer than a year.
33-14 SECTION 69. Sections 76.104(e) and (f), Parks and Wildlife
33-15 Code, are amended to read as follows:
33-16 (e) The fee for a commercial oyster boat license for a boat
33-17 that is not numbered under Chapter 31 of this code or does not have
33-18 a certificate of documentation issued by the United States Coast
33-19 Guard that lists an address in Texas for the boat owner or other
33-20 criteria established by the commission <a home port in this state>
33-21 is $1,400 or an amount set by the commission, whichever amount is
33-22 more.
33-23 (f) The fee for a sport oyster boat license for a boat that
33-24 is not numbered under Chapter 31 of this code or does not have a
33-25 certificate of documentation issued by the United States Coast
33-26 Guard that lists an address in Texas for the boat owner or other
33-27 criteria established by the commission <a home port in this state>
34-1 is $40 or an amount set by the commission, whichever amount is
34-2 more.
34-3 SECTION 70. Section 77.031(d), Parks and Wildlife Code, is
34-4 amended to read as follows:
34-5 (d) The fee for a commercial bay shrimp boat license for a
34-6 boat that is not numbered under Chapter 31 of this code or does not
34-7 have a certificate of documentation issued by the United States
34-8 Coast Guard that lists an address in Texas for the boat owner or
34-9 other criteria established by the commission <a home port in this
34-10 state> is $500 or an amount set by the commission, whichever amount
34-11 is more.
34-12 SECTION 71. Section 77.033(c), Parks and Wildlife Code, is
34-13 amended to read as follows:
34-14 (c) The fee for a commercial bait-shrimp boat license for a
34-15 boat that is not numbered under Chapter 31 of this code or does not
34-16 have a certificate of documentation issued by the United States
34-17 Coast Guard that lists an address in Texas for the boat owner or
34-18 other criteria established by the commission <a home port in this
34-19 state> is $500 or an amount set by the commission, whichever amount
34-20 is more.
34-21 SECTION 72. Section 77.035(c), Parks and Wildlife Code, is
34-22 amended to read as follows:
34-23 (c) The fee for a commercial gulf shrimp boat license for a
34-24 boat that is not numbered under Chapter 31 of this code or does not
34-25 have a certificate of documentation issued by the United States
34-26 Coast Guard that lists an address in Texas for the boat owner or
34-27 other criteria established by the commission <a home port in this
35-1 state> is $1,000 or an amount set by the commission, whichever
35-2 amount is more.
35-3 SECTION 73. Section 77.0361, Parks and Wildlife Code, is
35-4 amended to read as follows:
35-5 Sec. 77.0361. License Expirations and Transfers. (a) All
35-6 licenses issued under the authority of Chapter 77 of this code are
35-7 valid only during the yearly period for which they are issued
35-8 without regard to the date on which the licenses are acquired.
35-9 Each yearly period begins on September 1 or another date set by the
35-10 commission <of a year> and extends through August 31 of the next
35-11 year or another date set by the commission. The commission by rule
35-12 may set the amount of a license fee for a license issued during a
35-13 transition period at an amount lower than prescribed in this
35-14 chapter and provide for a license term for a transition period that
35-15 is shorter or longer than a year.
35-16 (b) <Commercial bay shrimp boat licenses issued from the
35-17 effective date of this section until December 15, 1993, shall
35-18 expire on March 1, 1994, and licenses issued from December 16,
35-19 1993, through August 31, 1994, shall expire on August 31, 1994.>
35-20 <(c)> All licenses issued under the authority of Chapter 77
35-21 of this code may not be transferred to another person or vessel
35-22 except as provided by this subsection. The commission, by rule
35-23 <regulation>, may prescribe requirements necessary for license
35-24 transfers and may prescribe, by rule <regulation>, forms to be used
35-25 and fees to be charged for transfers of licenses in this chapter
35-26 and for duplicate license plates and/or duplicate or replacement
35-27 licenses.
36-1 SECTION 74. Section 78.002(b), Parks and Wildlife Code, is
36-2 amended to read as follows:
36-3 (b) The license form shall be prescribed by the department
36-4 and shall designate the water in which the licensee may operate.
36-5 All licenses issued under the authority of Chapter 78 of this code
36-6 are valid only during the yearly period for which they are issued
36-7 without regard to the date on which the licenses are acquired.
36-8 Each yearly period begins on September 1 or another date set by the
36-9 commission <of a year> and extends through August 31 of the next
36-10 year or another date set by the commission. The commission by rule
36-11 may set the amount of a license fee for a license issued during a
36-12 transition period at an amount lower than prescribed in this
36-13 chapter and provide for a license term for a transition period that
36-14 is shorter or longer than a year.
36-15 SECTION 75. Sections 78.003(e) and (f), Parks and Wildlife
36-16 Code, are amended to read as follows:
36-17 (e) <A shell buyer's license expires on August 31 following
36-18 the date on which the license was issued, regardless of the date on
36-19 which the license was issued.>
36-20 <(f)> The holder of a shell buyer's license shall file with
36-21 the department a report of activities performed under the license
36-22 in a form and manner specified by the department.
36-23 SECTION 76. Sections 11.056(c), 42.011, 46.004(d),
36-24 46.006(c), 46.009, 46.010, 46.011, 46.012, 50.002(c), 71.013, and
36-25 78.002(f), Parks and Wildlife Code, are repealed.
36-26 SECTION 77. (a) Except as otherwise provided by this
36-27 section, this Act takes effect immediately.
37-1 (b) The commission shall adopt rules necessary to implement
37-2 the changes in law made by this Act immediately after the effective
37-3 date of this Act.
37-4 (c) The changes in law made by this Act apply only to fees
37-5 collected for a license, stamp, or tag issued for the licensing
37-6 period that begins September 1, 1995, except that Sections 56 and
37-7 57 of this Act apply only to fees collected for a license issued
37-8 for the licensing period that begins January 1, 1996.
37-9 SECTION 78. The importance of this legislation and the
37-10 crowded condition of the calendars in both houses create an
37-11 emergency and an imperative public necessity that the
37-12 constitutional rule requiring bills to be read on three several
37-13 days in each house be suspended, and this rule is hereby suspended,
37-14 and that this Act take effect and be in force from and after its
37-15 passage, and it is so enacted.