1-1 By: Kuempel (Senate Sponsor - Armbrister) H.B. No. 2216
1-2 (In the Senate - Received from the House May 4, 1995;
1-3 May 5, 1995, read first time and referred to Committee on Natural
1-4 Resources; May 19, 1995, reported adversely, with favorable
1-5 Committee Substitute by the following vote: Yeas 10, Nays 0;
1-6 May 19, 1995, sent to printer.)
1-7 COMMITTEE SUBSTITUTE FOR H.B. No. 2216 By: Armbrister
1-8 AN ACT
1-9 relating to the issuance of hunting licenses and stamps and the
1-10 conducting of public hunt drawings by the Parks and Wildlife
1-11 Department; providing penalties.
1-12 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-13 SECTION 1. Section 11.056(a), Parks and Wildlife Code, is
1-14 amended to read as follows:
1-15 (a) The price of a wildlife art decal or stamp sold under
1-16 this subchapter is $5.00 or an amount set by the commission,
1-17 whichever amount is more. The department may issue other editions
1-18 of the stamp and decal at amounts set by the commission.
1-19 SECTION 2. Subchapter B, Chapter 12, Parks and Wildlife
1-20 Code, is amended by adding Section 12.119 to read as follows:
1-21 Sec. 12.119. VIOLATION OF COMMISSION RULE ON POSSESSION OF
1-22 LICENSE; PENALTY. (a) A person commits an offense if the person
1-23 violates a rule adopted by the commission relating to possessing a
1-24 license or stamp otherwise required by this code for hunting
1-25 wildlife resources or for catching aquatic life.
1-26 (b) An offense under this section is a Class C Parks and
1-27 Wildlife misdemeanor.
1-28 SECTION 3. Chapter 12, Parks and Wildlife Code, is amended
1-29 by adding Subchapter H to read as follows:
1-30 SUBCHAPTER H. LICENSE DEPUTIES
1-31 Sec. 12.701. ISSUANCE OF LICENSE, STAMP, PERMIT, OR TAG BY
1-32 LICENSE DEPUTIES. The department may authorize the issuance of a
1-33 license, stamp, permit, or tag by a license deputy.
1-34 Sec. 12.702. LICENSE DEPUTIES; FEES. (a) An employee of
1-35 the department, a county clerk, or another person designated or
1-36 contracted with by the department to issue and collect money
1-37 received for a license, stamp, permit, tag, or other similar item
1-38 is a license deputy and may issue and collect money for a license,
1-39 stamp, permit, tag, or other similar item issued under this code,
1-40 including a special issue stamp or decal.
1-41 (b) The commission by rule may set collection and issuance
1-42 fees for a license, stamp, tag, permit, or other similar item
1-43 issued under any chapter of this code. The commission shall not
1-44 set any collection or issuance fees for license deputies at amounts
1-45 less than the amounts in effect on June 1, 1995. If a collection
1-46 or issuance fee or other similar fee set by another section of this
1-47 code conflicts with this section, the collection or issuance fee
1-48 set under the authority of this section prevails.
1-49 Sec. 12.703. POINT-OF-SALE SYSTEM. (a) The department may
1-50 issue a license, stamp, tag, permit, or another similar item
1-51 authorized by this code through the use of automated equipment and
1-52 a point-of-sale system.
1-53 (b) The department may designate an entity to install the
1-54 system for the issuance of licenses, stamps, permits, tags, or
1-55 other similar items. A designated entity may collect revenue for
1-56 the department from license deputies.
1-57 (c) The commission by rule may set the amount of
1-58 compensation for a point-of-sale entity. The compensation may
1-59 include an amount to be retained by the entity from the fee
1-60 collected for each item issued by the entity.
1-61 Sec. 12.704. DUTIES OF LICENSE DEPUTIES. A license deputy
1-62 shall:
1-63 (1) complete and keep for the use of the department a
1-64 designated copy or other record of the sale of each license, stamp,
1-65 permit, or tag issued;
1-66 (2) keep a record of each license, stamp, permit, or
1-67 tag issued, showing:
1-68 (A) the identification of the purchaser;
2-1 (B) the serial number of the item sold;
2-2 (C) the date of issuance; and
2-3 (D) any other information required by the
2-4 department; and
2-5 (3) perform any other function required by the license
2-6 deputy's agreement with the department.
2-7 Sec. 12.705. LICENSE, STAMP, PERMIT, AND TAG SALES REPORTS.
2-8 (a) After the end of each calendar month or at any other time
2-9 designated by the department, a license deputy shall send to the
2-10 department a report on a form and in the manner prescribed by the
2-11 department.
2-12 (b) A license deputy shall furnish any other information or
2-13 material required by the license deputy's agreement with the
2-14 department.
2-15 (c) The commission by rule may establish reasonable
2-16 penalties for delinquent payments or reports from license deputies
2-17 and may establish payment discounts for timely payments or reports
2-18 from license deputies.
2-19 Sec. 12.706. UNISSUED ITEMS. A license deputy shall return
2-20 to the department, at the department's request, unissued licenses,
2-21 stamps, permits, tags, or any other materials or equipment
2-22 furnished to the license deputy by the department.
2-23 Sec. 12.707. ISSUANCE OR ACCEPTANCE OF LICENSE, STAMP,
2-24 PERMIT, OR TAG. No person may issue or accept a license, stamp,
2-25 permit, or tag required by this code except on a form provided by
2-26 the department.
2-27 SECTION 4. Section 42.002(a), Parks and Wildlife Code, is
2-28 amended to read as follows:
2-29 (a) Except as provided by Subsection (b) of this section, no
2-30 resident may hunt any bird or animal in this state without <first>
2-31 having acquired <and having in the person's immediate possession> a
2-32 <valid> hunting license.
2-33 SECTION 5. Chapter 42, Parks and Wildlife Code, is amended
2-34 by adding Section 42.006 to read as follows:
2-35 Sec. 42.006. POSSESSION OF LICENSE: RULES. The commission
2-36 by rule may prescribe requirements relating to possessing a license
2-37 issued under this chapter.
2-38 SECTION 6. Section 42.010(b), Parks and Wildlife Code, is
2-39 amended to read as follows:
2-40 (b) The department may issue tags for animals or birds
2-41 allowed by law to be killed during each year or season to holders
2-42 of licenses authorizing the killing of animals or birds. The
2-43 commission may establish fees for the tags <and collection fees for
2-44 the agent issuing the tags>.
2-45 SECTION 7. Section 42.012(a), Parks and Wildlife Code, is
2-46 amended to read as follows:
2-47 (a) The fee for a resident hunting license is $8 or an
2-48 amount set by the commission, whichever amount is more. <Fifty
2-49 cents of the fee may be retained by an authorized agent, other than
2-50 a department employee, issuing the license as his collection fee.>
2-51 SECTION 8. Section 42.0121, Parks and Wildlife Code, is
2-52 amended to read as follows:
2-53 Sec. 42.0121. LIFETIME RESIDENT HUNTING LICENSE FEE. The
2-54 fee for a lifetime resident hunting license is $300 or an amount
2-55 set by the commission, whichever amount is more. <Fifty cents of
2-56 the fee may be retained by an authorized agent, other than a
2-57 department employee, issuing the license as his collection fee.>
2-58 SECTION 9. Section 42.014, Parks and Wildlife Code, is
2-59 amended to read as follows:
2-60 Sec. 42.014. NONRESIDENT SPECIAL HUNTING LICENSE FEE. The
2-61 fee for a nonresident special hunting license is $37.75 or an
2-62 amount set by the commission, whichever amount is more.
2-63 <Seventy-five cents of the fee may be retained by the officer,
2-64 other than a department employee, issuing the license as his
2-65 collection fee.>
2-66 SECTION 10. Section 42.0141, Parks and Wildlife Code, is
2-67 amended to read as follows:
2-68 Sec. 42.0141. GENERAL NONRESIDENT HUNTING LICENSE FEE. The
2-69 fee for a general nonresident hunting license is $100.75 or an
2-70 amount set by the commission, whichever amount is more.
3-1 <Seventy-five cents of the fee may be retained by the officer,
3-2 other than a department employee, issuing the license as his
3-3 collection fee.>
3-4 SECTION 11. Section 42.0142(b), Parks and Wildlife Code, is
3-5 amended to read as follows:
3-6 (b) The fee for a nonresident banded bird hunting license is
3-7 an amount set by the commission. <Seventy-five cents of the fee
3-8 may be retained by an authorized agent, other than a department
3-9 employee, issuing the license as his collection fee.>
3-10 SECTION 12. Section 42.0143, Parks and Wildlife Code, is
3-11 amended to read as follows:
3-12 Sec. 42.0143. NONRESIDENT FIVE-DAY SPECIAL HUNTING LICENSE.
3-13 A nonresident five-day special hunting license is valid for five
3-14 consecutive days. The fee for the license is set by the commission
3-15 in an amount not to exceed 50 percent of the amount of the fee set
3-16 for a nonresident special hunting license. <Seventy-five cents of
3-17 the fee may be retained by an authorized agent, other than a
3-18 department employee, issuing the license as his collection fee.>
3-19 SECTION 13. Section 42.017(d), Parks and Wildlife Code, is
3-20 amended to read as follows:
3-21 (d) The fee for a duplicate license or tags is $5 or an
3-22 amount set by the commission, whichever amount is more. <Fifty
3-23 cents of the fee may be retained by the officer, other than a
3-24 department employee, issuing the license as his collection fee.>
3-25 SECTION 14. Section 42.0175(a), Parks and Wildlife Code, is
3-26 amended to read as follows:
3-27 (a) A license issued under this chapter, other than a
3-28 lifetime resident hunting license or a nonresident five-day special
3-29 hunting license is valid only during the yearly period for which
3-30 the license is issued without regard to the date on which a license
3-31 is acquired. Each yearly period begins on September 1 or on
3-32 another date set by the commission <of a year> and extends through
3-33 August 31 of the next year or another date set by the commission.
3-34 A license issued under this chapter other than a nonresident
3-35 five-day special hunting license that is issued before September 1
3-36 or another date set by the commission and does not expire until
3-37 August 31 of the next year or another date set by the commission is
3-38 valid from the date of issuance through August 31 of the following
3-39 year or another date set by the commission. The commission by rule
3-40 may set the amount of a license fee for a license issued during a
3-41 transition period at an amount lower than prescribed in this
3-42 chapter and provide for a license term for a transition period that
3-43 is shorter or longer than a year.
3-44 SECTION 15. Chapter 42, Parks and Wildlife Code, is amended
3-45 by adding Section 42.0177 to read as follows:
3-46 Sec. 42.0177. BIRD OR ANIMAL TAGS: COMMISSION RULES. The
3-47 commission by rule may modify or eliminate the tagging requirements
3-48 of Section 42.018, 42.0185, or 42.020, or other similar tagging
3-49 requirements in this chapter.
3-50 SECTION 16. Sections 42.022(a) and (d), Parks and Wildlife
3-51 Code, are amended to read as follows:
3-52 (a) No person may acquire or possess more than one hunting
3-53 license during a license year. For purposes of this section, a
3-54 violation does not occur unless a person acquires or possesses more
3-55 than one license having the same expiration date.
3-56 (d) For purposes of this section, a license year begins on
3-57 September 1 or another date set by the commission and extends
3-58 through August 31 of the next year or another date set by the
3-59 commission.
3-60 SECTION 17. Section 43.011(a), Parks and Wildlife Code, is
3-61 amended to read as follows:
3-62 (a) Except as provided by Subsection (b) of this section, no
3-63 person may hunt white-winged dove in this state unless the person
3-64 has acquired <in the person's possession> a white-winged dove stamp
3-65 issued to the person by the department. The commission by rule may
3-66 prescribe requirements relating to possessing a stamp required by
3-67 this subchapter.
3-68 SECTION 18. Section 43.012, Parks and Wildlife Code, is
3-69 amended to read as follows:
3-70 Sec. 43.012. ISSUANCE OF STAMP. (a) The department <or its
4-1 agent> may issue a white-winged dove stamp to any person on the
4-2 payment to the department of $6 or an amount set by the commission,
4-3 whichever amount is more. The department may issue other editions
4-4 of the stamp that are not valid for hunting at an amount set by the
4-5 commission.
4-6 (b) The stamp shall be issued in the form and manner
4-7 prescribed by the department and, except as provided by Subsection
4-8 (c), must be signed on its face by the person using the stamp for
4-9 the stamp to be valid for hunting purposes.
4-10 (c) The commission by rule may prescribe alternate
4-11 requirements for identifying the purchaser of a stamp issued in an
4-12 automated manner.
4-13 (d) A stamp issued under this subchapter is valid for
4-14 hunting only during the yearly period for which the stamp is issued
4-15 without regard to the date on which the stamp is acquired. A
4-16 yearly period begins on September 1 or another date set by the
4-17 commission and extends through August 31 of the next year or
4-18 another date set by the commission. The commission by rule may set
4-19 the amount of a stamp fee for a stamp issued during a transition
4-20 period at an amount lower than prescribed in this subchapter and
4-21 provide for a stamp term for a transition period that is shorter or
4-22 longer than a year.
4-23 SECTION 19. Section 43.014, Parks and Wildlife Code, is
4-24 amended to read as follows:
4-25 Sec. 43.014. DISPOSITION OF STAMP FEES. (a) <Fifty cents
4-26 of the fee collected under this subchapter may be retained by the
4-27 agent of the department, other than a department employee, as his
4-28 collection fee.>
4-29 <(b)> After deduction of the collection fee, if allowed, the
4-30 receipts from stamp sales shall be sent to the department.
4-31 (b) <(c)> The stamp sale receipts may be spent only for
4-32 research and management for the protection of white-winged dove and
4-33 for the acquisition, lease, or development of white-winged dove
4-34 habitat in the state. Not more than one-half of the receipts may
4-35 be expended for research and management.
4-36 SECTION 20. Section 43.045, Parks and Wildlife Code, is
4-37 amended to read as follows:
4-38 Sec. 43.045. DURATION OF LICENSE. A hunting lease license
4-39 is valid for the period from September 1 or another date set by the
4-40 commission through <the following> August 31 of the next year or
4-41 another date set by the commission. The commission by rule may set
4-42 the amount of a license fee for a license issued during a
4-43 transition period at an amount lower than prescribed in this
4-44 subchapter and provide for a license term for a transition period
4-45 that is shorter or longer than a year.
4-46 SECTION 21. Section 43.0485(d), Parks and Wildlife Code, is
4-47 amended to read as follows:
4-48 (d) Not later than August 31 of a license year or another
4-49 date set by the commission, the holder of a hunting lease license
4-50 shall deliver the record book to a game warden in the county in
4-51 which the hunting lease is located. The record book must include
4-52 information required by the department on the license year's
4-53 hunting activity on the hunting lease.
4-54 SECTION 22. Sections 43.0722(c) and (f), Parks and Wildlife
4-55 Code, are amended to read as follows:
4-56 (c) The fee <fees> for a private bird hunting area license
4-57 is $60 <licenses are determined by the following schedule> or an
4-58 amount set by the commission, whichever amount is more<:>
4-59 <(1) $50 if the private bird hunting area is less than
4-60 2,000 contiguous acres;>
4-61 <(2) $100 if the private bird hunting area is at least
4-62 2,000 but less than 4,000 contiguous acres; and>
4-63 <(3) $200 if the private bird hunting area is more
4-64 than 4,000 contiguous acres>.
4-65 (f) The private bird hunting area license is valid from
4-66 September 1 or another date set by the commission through <the
4-67 following> August 31 of the next year or another date set by the
4-68 commission. The commission by rule may set the amount of a license
4-69 fee for a license issued during a transition period at an amount
4-70 lower than prescribed in this subchapter and provide for a license
5-1 term for a transition period that is shorter or longer than a year.
5-2 SECTION 23. Section 43.0761(e), Parks and Wildlife Code, is
5-3 amended to read as follows:
5-4 (e) The record book shall contain all information concerning
5-5 hunting activities that occurred on the licensed area from
5-6 September 1 through the following August 31 or another yearly
5-7 period established by the commission, and must be retained and
5-8 available for inspection by a game warden for a period of one year
5-9 from the expiration date of the license year for which the record
5-10 book is applicable. The commission may provide for a recording
5-11 period during a transition period that corresponds to the license
5-12 term for the transition period.
5-13 SECTION 24. Section 43.201, Parks and Wildlife Code, is
5-14 amended by amending Subsections (a) and (b) and adding Subsections
5-15 (d) and (e) to read as follows:
5-16 (a) Except as provided by Subsection (c) or (d) of this
5-17 section, no person may hunt wild deer, bear, turkey, or javelina
5-18 (collared peccary) during an open archery season provided by law or
5-19 by the proclamations of the commission and during which season only
5-20 longbows and arrows may be used unless the person has <first>
5-21 acquired <from the department> an archery hunting stamp issued to
5-22 the person by the department. The commission by rule may prescribe
5-23 requirements relating to possessing a stamp required by this
5-24 subchapter.
5-25 (b) The stamp shall be issued in the form and manner
5-26 prescribed by the department and, except as provided by Subsection
5-27 (d), must be signed on its face by the person using the stamp for
5-28 the stamp to be valid for hunting purposes.
5-29 (d) The commission by rule may prescribe alternate
5-30 requirements for identifying the purchaser of a stamp issued in an
5-31 automated manner.
5-32 (e) A stamp issued under this subchapter is valid for
5-33 hunting only during the yearly period for which the stamp is issued
5-34 without regard to the date on which the stamp is acquired. Each
5-35 yearly period begins on September 1 or another date set by the
5-36 commission and extends through August 31 of the next year or
5-37 another date set by the commission. The commission by rule may set
5-38 the amount of a stamp fee for a stamp issued during a transition
5-39 period at an amount lower than prescribed in this subchapter and
5-40 provide for a stamp term for a transition period that is shorter or
5-41 longer than a year.
5-42 SECTION 25. Section 43.202, Parks and Wildlife Code, is
5-43 amended to read as follows:
5-44 Sec. 43.202. FEE. The fee for an archery hunting stamp is
5-45 $6 or an amount set by the commission, whichever amount is more.
5-46 The department may issue other editions of the stamp that are not
5-47 valid for hunting at an amount set by the commission. <Fifty cents
5-48 shall be retained by the agent issuing the stamp as a collection
5-49 fee, except that employees of the department may not retain the
5-50 collection fee.>
5-51 SECTION 26. Section 43.251(a), Parks and Wildlife Code, is
5-52 amended to read as follows:
5-53 (a) Except as provided by Subsection (b) of this section, no
5-54 person may hunt turkeys in this state unless the person has
5-55 acquired <in the person's possession> a turkey stamp issued to the
5-56 person by the department. The commission by rule may prescribe
5-57 stamp possession requirements relating to possessing a stamp
5-58 required by this subchapter.
5-59 SECTION 27. Section 43.252, Parks and Wildlife Code, is
5-60 amended by amending Subsection (a) and adding Subsections (d) and
5-61 (e) to read as follows:
5-62 (a) The department may issue a turkey stamp to any person on
5-63 the payment to the department of $5 or an amount set by the
5-64 commission, whichever amount is more. The department may issue
5-65 other editions of the stamp that are not valid for hunting at an
5-66 amount set by the commission. Except as provided by Subsection
5-67 (d), the stamp must be signed on its face by the person using the
5-68 stamp for the stamp to be valid for hunting purposes.
5-69 (d) The commission by rule may prescribe alternate
5-70 requirements for identifying the purchaser of a stamp issued in an
6-1 automated manner.
6-2 (e) A stamp issued under this subchapter is valid for
6-3 hunting only during the yearly period for which the stamp is issued
6-4 without regard to the date on which the stamp is acquired. Each
6-5 yearly period begins on September 1 or another date set by the
6-6 commission and extends through August 31 of the next year or
6-7 another date set by the commission. The commission by rule may set
6-8 the amount for a stamp fee for a stamp issued during a transition
6-9 period at an amount lower than prescribed in this subchapter and
6-10 provide for a stamp term for a transition period that is shorter or
6-11 longer than a year.
6-12 SECTION 28. Section 43.254, Parks and Wildlife Code, is
6-13 amended to read as follows:
6-14 Sec. 43.254. Disposition of Stamp Fees. (a) <Fifty cents
6-15 of the fee collected under this subchapter may be retained by the
6-16 agent of the department, other than a department employee, as a
6-17 collection fee.>
6-18 <(b)> After deduction of any collection fee, the net
6-19 receipts from stamp sales shall be sent to the department.
6-20 (b) <(c)> The stamp sale net receipts may be spent only for
6-21 research, management, and protection of turkeys and for the
6-22 acquisition, lease, or development of turkey habitats in the state.
6-23 SECTION 29. Section 43.302(a), Parks and Wildlife Code, is
6-24 amended to read as follows:
6-25 (a) Except as provided by Subsection (b) of this section, no
6-26 person may hunt waterfowl in this state unless the person has
6-27 acquired <in the person's possession> a waterfowl stamp issued to
6-28 the person by the department. The commission by rule may prescribe
6-29 requirements relating to possessing a stamp required by this
6-30 subchapter.
6-31 SECTION 30. Section 43.303, Parks and Wildlife Code, is
6-32 amended by amending Subsection (a) and adding Subsections (d) and
6-33 (e) to read as follows:
6-34 (a) The department <or its agent> may issue a waterfowl
6-35 stamp to any person on the payment to the department of $5 or an
6-36 amount set by the commission, whichever amount is more. The
6-37 department may issue other editions of the stamp that are not valid
6-38 for hunting at an amount set by the commission. Except as provided
6-39 by Subsection (d), the stamp must be signed on its face by the
6-40 person using the stamp <to whom it is issued> for the stamp to be
6-41 valid for hunting purposes.
6-42 (d) The commission by rule may prescribe alternate
6-43 requirements for identifying the purchaser of a stamp issued in an
6-44 automated manner.
6-45 (e) A stamp issued under this subchapter is valid for
6-46 hunting only during the yearly period for which the stamp is issued
6-47 without regard to the date on which the stamp is acquired. Each
6-48 yearly period begins on September 1 or another date set by the
6-49 commission and extends through August 31 of the next year or
6-50 another date set by the commission. The commission by rule may set
6-51 the amount of a stamp fee for a stamp issued during a transition
6-52 period at an amount lower than prescribed in this subchapter and
6-53 provide for a stamp term that is shorter or longer than a year.
6-54 SECTION 31. Section 43.305, Parks and Wildlife Code, is
6-55 amended to read as follows:
6-56 Sec. 43.305. Disposition of Stamp Fees. (a) <Fifty cents
6-57 of the fee collected under this subchapter may be retained by the
6-58 agent of the department, other than a department employee, as a
6-59 collection fee.>
6-60 <(b)> After deduction of any collection fee, the net
6-61 receipts from stamp sales shall be sent to the department.
6-62 (b) <(c)> The stamp sale net receipts may be spent only for
6-63 research, management, and protection of waterfowl, for the
6-64 acquisition, lease, or development of waterfowl habitats in the
6-65 state, and for grants as provided by Section 43.306 of this code.
6-66 Not more than one-half of the receipts may be spent for research,
6-67 management, and protection.
6-68 SECTION 32. Section 43.402(a), Parks and Wildlife Code, is
6-69 amended to read as follows:
6-70 (a) Except as provided by Subsection (b) or (c) of this
7-1 section, no person may engage in fishing in saltwater for sporting
7-2 purposes in this state unless the person has acquired <in the
7-3 person's possession> a saltwater sportfishing stamp issued to the
7-4 person by the department. The commission by rule may prescribe
7-5 requirements relating to possessing a stamp required by this
7-6 subchapter.
7-7 SECTION 33. Section 43.403, Parks and Wildlife Code, is
7-8 amended by amending Subsection (a) and adding Subsection (d) to
7-9 read as follows:
7-10 (a) The department <or its agent> may issue a saltwater
7-11 sportfishing stamp to any person on the payment to the department
7-12 of $5 or an amount set by the commission, whichever amount is more.
7-13 The department may issue other editions of the stamp that are not
7-14 valid for fishing at an amount set by the commission. Except as
7-15 provided by Subsection (d), the stamp must be signed on its face by
7-16 the person using the stamp for the stamp to be valid for fishing
7-17 purposes.
7-18 (d) The commission by rule may prescribe alternate
7-19 requirements for identifying the purchaser of a stamp issued in an
7-20 automated manner.
7-21 SECTION 34. Section 43.4035, Parks and Wildlife Code, is
7-22 amended to read as follows:
7-23 Sec. 43.4035. Expiration of Stamp. (a) Except as provided
7-24 by Subsection (b) or (c), a stamp issued under this subchapter is
7-25 valid for fishing only during the yearly period for which the stamp
7-26 is issued without regard to the date on which the stamp is
7-27 acquired. Each yearly period begins on September 1 or another date
7-28 set by the commission and extends through August 31 of the next
7-29 year or another date set by the commission. The commission by rule
7-30 may set the amount of a stamp fee for a stamp issued during a
7-31 transition period at an amount lower than prescribed in this
7-32 subchapter and provide for a stamp term for a transition period
7-33 that is shorter or longer than a year.
7-34 (b) A saltwater sportfishing stamp issued before September 1
7-35 or another date set by the commission that does not expire until
7-36 August 31 of the following year or another date set by the
7-37 commission is valid from the date of issuance through August 31 of
7-38 the following year or another date set by the commission.
7-39 (c) <(b)> A saltwater sportfishing stamp issued in
7-40 conjunction with a license issued under Section 46.005 or 46.0051
7-41 of this code expires at the same time the license expires or on the
7-42 expiration date printed on the stamp, whichever is later.
7-43 SECTION 35. Section 43.405, Parks and Wildlife Code, is
7-44 amended to read as follows:
7-45 Sec. 43.405. Collection Fees. (a) <Fifty cents of the fee
7-46 collected under this subchapter shall be retained by the agent of
7-47 the department, other than a department employee, as a collection
7-48 fee.>
7-49 <(b)> After deduction of the collection fee, the net
7-50 receipts from stamp sales shall be sent to the department.
7-51 (b) <(c)> The stamp sale net receipts shall be spent for
7-52 coastal fisheries enforcement and management and are hereby
7-53 appropriated for such purposes.
7-54 SECTION 36. Section 43.502(a), Parks and Wildlife Code, is
7-55 amended to read as follows:
7-56 (a) Except as provided by Subsection (b) or (c) of this
7-57 section, no person may take or attempt to take any trout from
7-58 public waters in this state unless the person has acquired
7-59 <without having in possession> a freshwater trout stamp issued to
7-60 the person by the department. The commission by rule may prescribe
7-61 requirements relating to possessing a stamp required by this
7-62 subchapter.
7-63 SECTION 37. Section 43.503, Parks and Wildlife Code, is
7-64 amended by amending Subsection (a) and by adding Subsection (d) to
7-65 read as follows:
7-66 (a) The department <or its agent> may issue a freshwater
7-67 trout stamp to any person on the payment to the department of $5 or
7-68 an amount set by the commission, whichever amount is more. The
7-69 department may issue other editions of the stamp that are not valid
7-70 for fishing at an amount set by the commission. Except as provided
8-1 by Subsection (d), the stamp must be signed on its face by the
8-2 person using the stamp for the stamp to be valid for fishing
8-3 purposes.
8-4 (d) The commission by rule may prescribe alternate
8-5 requirements for identifying the purchaser of a stamp issued in an
8-6 automated manner.
8-7 SECTION 38. Section 43.505, Parks and Wildlife Code, is
8-8 amended to read as follows:
8-9 Sec. 43.505. DISPOSITION OF STAMP FEES. (a) <Fifty cents
8-10 of the fee collected under this subchapter may be retained by the
8-11 agent of the department, other than a department employee, as a
8-12 collection fee.>
8-13 <(b)> After deduction of any collection fee, the net
8-14 receipts from stamp sales shall be sent to the department.
8-15 (b) <(c)> The stamp sale net receipts may be spent for any
8-16 purposes authorized by Section 11.033 of this code and are hereby
8-17 appropriated for such purposes.
8-18 SECTION 39. Subchapter N, Chapter 43, Parks and Wildlife
8-19 Code, is amended by adding Section 43.508 to read as follows:
8-20 Sec. 43.508. EXPIRATION OF STAMP. (a) Except as provided
8-21 by Subsection (b) or (c), a stamp issued under this subchapter is
8-22 valid for fishing only during the yearly period for which the stamp
8-23 is issued without regard to the date on which the stamp is
8-24 acquired. Each yearly period begins on September 1 or another date
8-25 set by the commission and extends through August 31 of the next
8-26 year or another date set by the commission. The commission by rule
8-27 may set the amount of a stamp fee for a stamp issued during a
8-28 transition period at an amount lower than prescribed in this
8-29 subchapter and provide for a stamp term for a transition period
8-30 that is shorter or longer than a year.
8-31 (b) A freshwater trout stamp issued before September 1 or
8-32 another date set by the commission that does not expire until
8-33 August 31 of the next year or another date set by the commission is
8-34 valid from the date of issuance through August 31 of the next year
8-35 or another date set by the commission.
8-36 (c) A freshwater trout stamp issued in conjunction with a
8-37 license issued under Section 46.005 or 46.0051 expires at the same
8-38 time the license expires or on the expiration date printed on the
8-39 stamp, whichever is later.
8-40 SECTION 40. Section 43.524, Parks and Wildlife Code, is
8-41 amended to read as follows:
8-42 Sec. 43.524. Disposition of Conservation Permit Fees.
8-43 (a) <Fifty cents of each conservation permit fee collected under
8-44 Section 43.522 of this code by an agent of the department, other
8-45 than a department employee, may be retained as a collection fee by
8-46 the agent.>
8-47 <(b)> After deducting any <a> collection fee <under
8-48 Subsection (a) of this section>, an agent of the department shall
8-49 send to the department the net receipts from the sale of
8-50 conservation permits.
8-51 (b) <(c)> The department may use the net receipts from the
8-52 sale of conservation permits for the sole purpose of acquiring,
8-53 leasing, or developing state lands, paying principal and interest
8-54 on Texas Park Development Bonds, or operating land or facilities
8-55 under the department's control.
8-56 SECTION 41. Section 43.581, Parks and Wildlife Code, is
8-57 amended to read as follows:
8-58 Sec. 43.581. Muzzleloader Hunting Stamp Required.
8-59 (a) Except as provided by Subsection (b), no <No> person may hunt
8-60 wild deer, turkey, or javelina (collared peccary) during an open
8-61 season prescribed by law or by proclamation of the commission
8-62 during which only muzzleloaders may be used for hunting unless the
8-63 person has acquired <in the person's possession> a muzzleloader
8-64 hunting stamp from the department. The commission by rule may
8-65 prescribe requirements relating to possessing a stamp required by
8-66 this subchapter.
8-67 (b) The commission by rule may exempt a person from the
8-68 stamp requirement of this section.
8-69 SECTION 42. Section 43.582, Parks and Wildlife Code, is
8-70 amended to read as follows:
9-1 Sec. 43.582. Issuance and Form of Stamp. (a) The
9-2 department <or its agent> may issue a muzzleloader hunting stamp.
9-3 The stamp shall be issued in a form and manner prescribed by the
9-4 department. Except as provided by Subsection (b), the <The> stamp
9-5 must be signed on its face by the person using the stamp <to whom
9-6 it is issued> for the stamp to be valid for hunting purposes. The
9-7 department may issue other editions of the stamp that are not valid
9-8 for hunting at an amount set by the commission.
9-9 (b) The commission by rule may prescribe alternate
9-10 requirements for identifying the purchaser of a stamp issued in an
9-11 automated manner.
9-12 (c) A stamp issued under this subchapter is valid for
9-13 hunting only during the yearly period for which the stamp is issued
9-14 without regard to the date on which the stamp is acquired. Each
9-15 yearly period begins on September 1 or another date set by the
9-16 commission and extends through August 31 of the next year or
9-17 another date set by the commission. The commission by rule may set
9-18 the amount of a stamp fee for a stamp issued during a transition
9-19 period at an amount lower than prescribed in this subchapter and
9-20 provide for a stamp term for a transition period that is shorter or
9-21 longer than a year.
9-22 SECTION 43. Section 43.583, Parks and Wildlife Code, is
9-23 amended to read as follows:
9-24 Sec. 43.583. Fee. The fee for a muzzleloader stamp is $10
9-25 or an amount set by the commission, whichever amount is more. The
9-26 commission may set a different amount for another edition of the
9-27 stamp issued under Section 43.582.
9-28 SECTION 44. Section 43.585, Parks and Wildlife Code, is
9-29 amended to read as follows:
9-30 Sec. 43.585. Disposition of Fees. <(a) Fifty cents of a
9-31 fee collected under this subchapter may be retained as a collection
9-32 fee by an agent of the department other than a department employee.>
9-33 <(b)> After deduction of any collection fee, the net
9-34 receipts from stamp sales shall be sent to the department.
9-35 SECTION 45. Section 44.003, Parks and Wildlife Code, is
9-36 amended to read as follows:
9-37 Sec. 44.003. Game Breeder's License. The department shall
9-38 issue a game breeder's license on payment of a license fee of $10
9-39 or an amount set by the commission, whichever amount is more. The
9-40 license is valid for a yearly period. Each yearly period begins on
9-41 September 1 or another date set by the commission <of a year> and
9-42 extends through August 31 of the next year or another date set by
9-43 the commission. The commission by rule may set the amount of a
9-44 license fee for a license issued during a transition period at an
9-45 amount lower than prescribed in this section and provide for a
9-46 license term for a transition period that is shorter or longer than
9-47 a year.
9-48 SECTION 46. Section 44.007, Parks and Wildlife Code, is
9-49 amended to read as follows:
9-50 Sec. 44.007. Records. (a) Each game breeder shall keep a
9-51 written record in a suitably bound book for the period from August
9-52 1 until the following July 31 or another yearly period established
9-53 by the commission containing:
9-54 (1) the number and source of each kind of game animal
9-55 on hand at the time the license is issued;
9-56 (2) the number, source, and date of receipt of each
9-57 kind of game animal on hand at any time after the license is
9-58 obtained;
9-59 (3) the number of each kind of game animal shipped or
9-60 delivered, the date of shipment or delivery, and the name and
9-61 address of persons to whom the shipment or delivery is made; and
9-62 (4) any other information determined by the commission
9-63 to be necessary to enforce the provisions of this chapter.
9-64 (b) During August or another month set by the commission of
9-65 each year, but before August 31 or another date established by the
9-66 commission, a game breeder shall send to the department a report
9-67 showing the information required by this section.
9-68 SECTION 47. Section 45.002(c), Parks and Wildlife Code, is
9-69 amended to read as follows:
9-70 (c) A license is valid for a yearly period. Each yearly
10-1 period begins on September 1 or another date set by the commission
10-2 <of a year> and extends through August 31 of the next year or
10-3 another date set by the commission. The commission by rule may set
10-4 the amount of a license fee for a license issued during a
10-5 transition period at an amount lower than prescribed in this
10-6 section and provide for a license term for a transition period that
10-7 is shorter or longer than a year.
10-8 SECTION 48. Section 45.008(b), Parks and Wildlife Code, is
10-9 amended to read as follows:
10-10 (b) During August of each year or another month set by the
10-11 commission, but before August 31 or another date established by the
10-12 commission, a commercial game bird breeder shall send to the
10-13 department a report showing the total number of game birds in the
10-14 possession of the breeder during the reporting period and
10-15 accounting for the acquisition and disposition of each game bird.
10-16 The reporting period is from August 1 of the preceding year through
10-17 July 31 of the current year or another yearly period established by
10-18 the commission.
10-19 SECTION 49. Section 46.001, Parks and Wildlife Code, is
10-20 amended to read as follows:
10-21 Sec. 46.001. Prohibited Acts. No person may fish in the
10-22 public water of this state unless he has acquired <obtained> a
10-23 fishing license issued under this subchapter, except as provided by
10-24 Sections 46.0012 and 46.002 of this code. The commission by rule
10-25 may prescribe requirements relating to possessing a license
10-26 required by this subchapter.
10-27 SECTION 50. Section 46.0045, Parks and Wildlife Code, is
10-28 amended to read as follows:
10-29 Sec. 46.0045. TAG FEES. The commission by rule may
10-30 establish fees for initial and duplicate tags issued under this
10-31 subchapter <and for issuance or collection fees for license
10-32 deputies issuing the tags>.
10-33 SECTION 51. Section 46.005, Parks and Wildlife Code, is
10-34 amended to read as follows:
10-35 Sec. 46.005. TEMPORARY SPORTFISHING LICENSES <LICENSE>.
10-36 (a) Any person who is a Texas resident or other person designated
10-37 by the commission is entitled to receive from the department a
10-38 license allowing fishing for sporting purposes in public water for
10-39 a period of 14 consecutive days or other period set by the
10-40 commission. The commission may authorize the issuance of more than
10-41 one type of license under this subsection and may prescribe the
10-42 categories of persons to whom the licenses may be issued.
10-43 (b) The fee for a <the> temporary sportfishing license is
10-44 <$5 or> an amount set by the commission<, whichever amount is more.
10-45 Fifty cents may be retained as a collection fee by the issuing
10-46 officer, other than a department employee>.
10-47 SECTION 52. Section 46.0051, Parks and Wildlife Code, is
10-48 amended to read as follows:
10-49 Sec. 46.0051. TEMPORARY NONRESIDENT LICENSES <LICENSE>.
10-50 (a) A nonresident or other person designated by the commission
10-51 <alien> is entitled to receive from the department a license
10-52 allowing fishing for sporting purposes in public water for a period
10-53 of five consecutive days or other period set by the commission.
10-54 The commission may authorize the issuance of more than one type of
10-55 license under this subsection and may prescribe the categories of
10-56 persons to whom the licenses may be issued.
10-57 (b) The fee for a license <fee> is <$7 or> an amount set by
10-58 the commission<, whichever amount is more. Fifty cents of the fee
10-59 may be retained as a collection fee by the issuing officer, other
10-60 than a department employee>.
10-61 SECTION 53. Section 46.006(b), Parks and Wildlife Code, as
10-62 amended by Chapters 457 and 838, Acts of the 73rd Legislature,
10-63 Regular Session, 1993, is amended to read as follows:
10-64 (b) The application for a duplicate license or tag must be
10-65 an affidavit containing:
10-66 (1) a statement of fact concerning the loss or
10-67 destruction of the license or tag; and
10-68 <(2) the serial number of the lost or destroyed
10-69 license or tag.>
10-70 (2) any other information which the commission by
11-1 regulation may prescribe as necessary.
11-2 SECTION 54. Section 46.007, Parks and Wildlife Code, as
11-3 amended by Chapters 457 and 838, Acts of the 73rd Legislature,
11-4 Regular Session, 1993, is amended to read as follows:
11-5 Sec. 46.007. Expiration of Licenses and Tags. (a) Except
11-6 as provided by Subsections (b), (c), <and> (d), (e), and (f) of
11-7 this section, a license required or authorized by this subchapter
11-8 is valid only during the yearly period for which it is issued
11-9 without regard to the date on which the license is acquired. Each
11-10 yearly period begins on September 1 or another date set by the
11-11 commission <of a year> and extends through August 31 of the next
11-12 year or another date set by the commission. The commission by rule
11-13 may set the amount of a license fee for a license issued during a
11-14 transition period at an amount lower than prescribed in this
11-15 section and provide for a license term for a transition period that
11-16 is shorter or longer than a year.
11-17 (b) A license issued under Section 46.005 or 46.0051 of this
11-18 code is valid for the number of consecutive days authorized and
11-19 does not necessarily expire on August 31 or another date set by the
11-20 commission.
11-21 (c) A tag or duplicate tag required or authorized by this
11-22 subchapter is valid for a period as established by the commission.
11-23 (d) <(c)> A license issued under Section 46.004 of this code
11-24 that is issued before September 1 or another date set by the
11-25 commission and does not expire until August 31 of the following
11-26 year or another date set by the commission is valid from the date
11-27 of issuance through August 31 of the following year or another date
11-28 set by the commission.
11-29 (e) <(d)> A lifetime resident fishing license is valid for
11-30 the lifetime of the license holder.
11-31 (f) <(e)> A duplicate license is valid for the period of
11-32 validity of the original license only.
11-33 SECTION 55. Section 46.0085, Parks and Wildlife Code, is
11-34 amended to read as follows:
11-35 Sec. 46.0085. Form and Issuance of LICENSES <License> and
11-36 Tags. (a) The department shall issue and prescribe the form <of>
11-37 and manner of issuance of <shall issue> the licenses and tags
11-38 authorized by this chapter. The commission by rule may prescribe
11-39 identification and compliance requirements.
11-40 (b) A license and tag issued under this chapter is not valid
11-41 until the person to whom it is issued completes all required
11-42 information on the license and tag.
11-43 (c) The department may issue tags for finfish species
11-44 allowed by law to be taken during each year or season from coastal
11-45 waters of the state to holders of licenses authorizing the taking
11-46 of finfish species or to other categories of persons.
11-47 SECTION 56. Section 46.0086, Parks and Wildlife Code, is
11-48 amended by amending Subsection (b) and adding Subsection (c) to
11-49 read as follows:
11-50 (b) Except as provided by Subsection (c), no <A> person may
11-51 <not>:
11-52 (1) use the same finfish tag on more than one finfish;
11-53 (2) use a finfish tag issued in the name of another;
11-54 (3) use a tag on a finfish for which another tag is
11-55 specifically required; or
11-56 (4) take a finfish required to be tagged and fail to
11-57 immediately attach a properly executed tag to the finfish in the
11-58 manner prescribed by the commission.
11-59 (c) The commission by rule may modify or eliminate the
11-60 requirements of this section.
11-61 SECTION 57. Section 46.102, Parks and Wildlife Code, is
11-62 amended to read as follows:
11-63 Sec. 46.102. Fishing License Required. Except as provided
11-64 in this subchapter, no person may catch fish in Lake Texoma unless
11-65 he has acquired <and possesses on his person> a <valid> license
11-66 issued under this subchapter. The commission by rule may prescribe
11-67 requirements relating to possessing a license required by this
11-68 subchapter.
11-69 SECTION 58. Section 46.104(b), Parks and Wildlife Code, is
11-70 amended to read as follows:
12-1 (b) The fee for the license is $5.75 or an amount set by the
12-2 commission, whichever amount is more. <Seventy-five cents of the
12-3 fee may be retained by the issuing officer, other than a department
12-4 employee.>
12-5 SECTION 59. Section 46.105(b), Parks and Wildlife Code, is
12-6 amended to read as follows:
12-7 (b) The fee for the license is $1.25 or an amount set by the
12-8 commission, whichever amount is more. <Fifteen cents of the fee
12-9 may be retained by the officer issuing the license, other than a
12-10 department employee.>
12-11 SECTION 60. Section 47.007(e), Parks and Wildlife Code, is
12-12 amended to read as follows:
12-13 (e) The fee for a commercial fishing boat license for a boat
12-14 that is not numbered under Chapter 31 of this code or does not have
12-15 a certificate of documentation issued by the United States Coast
12-16 Guard that lists an address in Texas for the boat owner or other
12-17 criteria established by the commission <a home port in this state>
12-18 is $60 or an amount set by the commission, whichever amount is
12-19 more.
12-20 SECTION 61. Section 47.031(a), Parks and Wildlife Code, is
12-21 amended to read as follows:
12-22 (a) All licenses and permits issued under the authority of
12-23 Chapter 47 of this code are valid only during the yearly period for
12-24 which they are issued without regard to the date on which the
12-25 licenses are acquired. Each yearly period begins on September 1 or
12-26 another date set by the commission <of a year> and extends through
12-27 August 31 of the next year or another date set by the commission.
12-28 The commission by rule may set the amount of a license fee for a
12-29 license issued during a transition period at an amount lower than
12-30 prescribed in this chapter and provide for a license term for a
12-31 transition period that is shorter or longer than a year.
12-32 SECTION 62. Section 50.001, Parks and Wildlife Code, is
12-33 amended by adding Subsection (c) to read as follows:
12-34 (c) The commission shall establish combination licenses or
12-35 license packages for hunting, fishing, and other activities. The
12-36 commission may set fees for those combination licenses or license
12-37 packages. The fees set for combination licenses or license
12-38 packages shall be less than the fees for the individual licenses,
12-39 permits, or stamps that are combined in the combination licenses or
12-40 license packages.
12-41 SECTION 63. Section 50.0011, Parks and Wildlife Code, is
12-42 amended to read as follows:
12-43 Sec. 50.0011. Definition. In this chapter, "resident"
12-44 means:
12-45 (1) an individual who has resided continuously in this
12-46 state for more than six months immediately before applying for a
12-47 license issued under this chapter;
12-48 (2) a member of the United States armed forces on
12-49 active duty;
12-50 (3) a dependent of a member of the United States armed
12-51 forces on active duty; or
12-52 (4) a member of any other category of individuals that
12-53 the commission by regulation designates as residents.
12-54 SECTION 64. Sections 50.0021(a) and (b), Parks and Wildlife
12-55 Code, are amended to read as follows:
12-56 (a) Except as provided by Subsections (b) and (c) of this
12-57 section, a license required or authorized by this chapter is valid
12-58 only during the yearly period for which the license is issued
12-59 without regard to the date on which the license is acquired. Each
12-60 yearly period begins on September 1 or another date set by the
12-61 commission <of a year> and extends through August 31 of the next
12-62 year or another date set by the commission. The commission by rule
12-63 may set the amount of a license fee for a license issued during a
12-64 transition period at an amount lower than prescribed in this
12-65 chapter and provide for a license term for a transition period that
12-66 is shorter or longer than a year.
12-67 (b) A license issued under the authority of this chapter
12-68 that is issued before September 1 or another date set by the
12-69 commission and does not expire until August 31 or another date set
12-70 by the commission of the following year is valid from the date of
13-1 issuance through August 31 of the following year or another date
13-2 set by the commission.
13-3 SECTION 65. Section 50.004(a), Parks and Wildlife Code, is
13-4 amended to read as follows:
13-5 (a) The department shall issue and prescribe the form and
13-6 manner of issuance of the license <and shall attach to it deer tags
13-7 as provided in Chapter 42 of this code>. The commission by rule
13-8 may prescribe identification and compliance requirements.
13-9 SECTION 66. Chapter 65, Parks and Wildlife Code, is amended
13-10 by adding Section 65.0071 to read as follows:
13-11 Sec. 65.0071. EXPIRATION OF LICENSES. A license issued
13-12 under this chapter is valid only during the yearly period for which
13-13 the license is issued without regard to the date on which the
13-14 license is acquired. Each yearly period begins on September 1 or
13-15 another date set by the commission and extends through August 31 of
13-16 the next year or another date set by the commission. The
13-17 commission by rule may set the amount of a license fee for a
13-18 license issued during a transition period at an amount lower than
13-19 prescribed in this chapter and provide for a license term for a
13-20 transition period that is shorter or longer than a year.
13-21 SECTION 67. Section 66.017(a), Parks and Wildlife Code, is
13-22 amended to read as follows:
13-23 (a) All licenses, tags, and permits issued under the
13-24 authority of Chapter 66 of this code are valid only during the
13-25 yearly period for which they are issued without regard to the date
13-26 on which the licenses are acquired. Each yearly period begins on
13-27 September 1 or another date set by the commission <of a year> and
13-28 extends through August 31 of the next year or another date set by
13-29 the commission. The commission by rule may set the amount of a
13-30 license fee for a license issued during a transition period at an
13-31 amount lower than prescribed in this chapter and provide for a
13-32 license term for a transition period that is shorter or longer than
13-33 a year.
13-34 SECTION 68. Section 71.010, Parks and Wildlife Code, is
13-35 amended to read as follows:
13-36 Sec. 71.010. License Period. The license period for
13-37 licenses issued under this chapter is September 1 or another date
13-38 set by the commission <of one year> through August 31 of the next
13-39 <following> year or another date set by the commission, and a
13-40 license is current and valid only for the license period for which
13-41 it is issued. The commission by rule may set the amount of a
13-42 license fee for a license issued during a transition period at an
13-43 amount lower than prescribed in this chapter and provide for a
13-44 license term for a transition period that is shorter or longer than
13-45 a year.
13-46 SECTION 69. Section 76.103, Parks and Wildlife Code, is
13-47 amended to read as follows:
13-48 Sec. 76.103. Types of Licenses; Period of Validity. A
13-49 commercial oyster boat license, commercial oyster boat captain's
13-50 license, sport oyster boat license, or commercial oyster
13-51 fisherman's license expires on August 31 of the yearly period for
13-52 which it is issued or another date set by the commission.
13-53 SECTION 70. Section 76.1031(a), Parks and Wildlife Code, is
13-54 amended to read as follows:
13-55 (a) All licenses issued under the authority of Chapter 76 of
13-56 this code are valid only during the yearly period for which they
13-57 are issued without regard to the date on which the licenses are
13-58 acquired. Each yearly period begins on September 1 or another date
13-59 set by the commission <of a year> and extends through August 31 of
13-60 the next year or another date set by the commission. The
13-61 commission by rule may set the amount of a license fee for a
13-62 license issued during a transition period at an amount lower than
13-63 prescribed in this chapter and provide for a license term for a
13-64 transition period that is shorter or longer than a year.
13-65 SECTION 71. Sections 76.104(e) and (f), Parks and Wildlife
13-66 Code, are amended to read as follows:
13-67 (e) The fee for a commercial oyster boat license for a boat
13-68 that is not numbered under Chapter 31 of this code or does not have
13-69 a certificate of documentation issued by the United States Coast
13-70 Guard that lists an address in Texas for the boat owner or other
14-1 criteria established by the commission <a home port in this state>
14-2 is $1,400 or an amount set by the commission, whichever amount is
14-3 more.
14-4 (f) The fee for a sport oyster boat license for a boat that
14-5 is not numbered under Chapter 31 of this code or does not have a
14-6 certificate of documentation issued by the United States Coast
14-7 Guard that lists an address in Texas for the boat owner or other
14-8 criteria established by the commission <a home port in this state>
14-9 is $40 or an amount set by the commission, whichever amount is
14-10 more.
14-11 SECTION 72. Section 77.031(d), Parks and Wildlife Code, is
14-12 amended to read as follows:
14-13 (d) The fee for a commercial bay shrimp boat license for a
14-14 boat that is not numbered under Chapter 31 of this code or does not
14-15 have a certificate of documentation issued by the United States
14-16 Coast Guard that lists an address in Texas for the boat owner or
14-17 other criteria established by the commission <a home port in this
14-18 state> is $500 or an amount set by the commission, whichever amount
14-19 is more.
14-20 SECTION 73. Section 77.033(c), Parks and Wildlife Code, is
14-21 amended to read as follows:
14-22 (c) The fee for a commercial bait-shrimp boat license for a
14-23 boat that is not numbered under Chapter 31 of this code or does not
14-24 have a certificate of documentation issued by the United States
14-25 Coast Guard that lists an address in Texas for the boat owner or
14-26 other criteria established by the commission <a home port in this
14-27 state> is $500 or an amount set by the commission, whichever amount
14-28 is more.
14-29 SECTION 74. Section 77.035(c), Parks and Wildlife Code, is
14-30 amended to read as follows:
14-31 (c) The fee for a commercial gulf shrimp boat license for a
14-32 boat that is not numbered under Chapter 31 of this code or does not
14-33 have a certificate of documentation issued by the United States
14-34 Coast Guard that lists an address in Texas for the boat owner or
14-35 other criteria established by the commission <a home port in this
14-36 state> is $1,000 or an amount set by the commission, whichever
14-37 amount is more.
14-38 SECTION 75. Section 77.0361, Parks and Wildlife Code, is
14-39 amended to read as follows:
14-40 Sec. 77.0361. License Expirations and Transfers. (a) All
14-41 licenses issued under the authority of Chapter 77 of this code are
14-42 valid only during the yearly period for which they are issued
14-43 without regard to the date on which the licenses are acquired.
14-44 Each yearly period begins on September 1 or another date set by the
14-45 commission <of a year> and extends through August 31 of the next
14-46 year or another date set by the commission. The commission by rule
14-47 may set the amount of a license fee for a license issued during a
14-48 transition period at an amount lower than prescribed in this
14-49 chapter and provide for a license term for a transition period that
14-50 is shorter or longer than a year.
14-51 (b) <Commercial bay shrimp boat licenses issued from the
14-52 effective date of this section until December 15, 1993, shall
14-53 expire on March 1, 1994, and licenses issued from December 16,
14-54 1993, through August 31, 1994, shall expire on August 31, 1994.>
14-55 <(c)> All licenses issued under the authority of Chapter 77
14-56 of this code may not be transferred to another person or vessel
14-57 except as provided by this subsection. The commission, by rule
14-58 <regulation>, may prescribe requirements necessary for license
14-59 transfers and may prescribe, by rule <regulation>, forms to be used
14-60 and fees to be charged for transfers of licenses in this chapter
14-61 and for duplicate license plates and/or duplicate or replacement
14-62 licenses.
14-63 SECTION 76. Section 78.002(b), Parks and Wildlife Code, is
14-64 amended to read as follows:
14-65 (b) The license form shall be prescribed by the department
14-66 and shall designate the water in which the licensee may operate.
14-67 All licenses issued under the authority of Chapter 78 of this code
14-68 are valid only during the yearly period for which they are issued
14-69 without regard to the date on which the licenses are acquired.
14-70 Each yearly period begins on September 1 or another date set by the
15-1 commission <of a year> and extends through August 31 of the next
15-2 year or another date set by the commission. The commission by rule
15-3 may set the amount of a license fee for a license issued during a
15-4 transition period at an amount lower than prescribed in this
15-5 chapter and provide for a license term for a transition period that
15-6 is shorter or longer than a year.
15-7 SECTION 77. Sections 78.003(e) and (f), Parks and Wildlife
15-8 Code, are amended to read as follows:
15-9 (e) <A shell buyer's license expires on August 31 following
15-10 the date on which the license was issued, regardless of the date on
15-11 which the license was issued.>
15-12 <(f)> The holder of a shell buyer's license shall file with
15-13 the department a report of activities performed under the license
15-14 in a form and manner specified by the department.
15-15 SECTION 78. Section 11.0271, Parks and Wildlife Code, is
15-16 amended to read as follows:
15-17 Sec. 11.0271. Public Hunting Drawing; Fees. (a) The
15-18 department may conduct public drawings to select applicants for
15-19 public hunting privileges. The department may charge each person
15-20 who participates in the drawing a nonrefundable participation fee
15-21 in addition to any fee for issuing a hunting permit or license.
15-22 The participation fee shall be set by the commission in an amount
15-23 sufficient to pay the costs of operating the drawing.
15-24 (b) The commission may approve participation fees, not to
15-25 exceed $25 per species for each participant on an application, in
15-26 drawings for special hunting programs, packages, or events that
15-27 exceed the costs of operating the drawing only if the fees charged
15-28 are designated for use in the management and restoration efforts of
15-29 the specific wildlife program implementing each special hunting
15-30 program, package, or event.
15-31 SECTION 79. Section 47.02(c), Penal Code, is amended to read
15-32 as follows:
15-33 (c) It is a defense to prosecution under this section that
15-34 the actor reasonably believed that the conduct:
15-35 (1) was permitted under the Bingo Enabling Act
15-36 (Article 179d, Vernon's Texas Civil Statutes);
15-37 (2) was permitted under the Charitable Raffle Enabling
15-38 Act (Article 179f, Revised Statutes);
15-39 (3) consisted entirely of participation in the state
15-40 lottery authorized by the State Lottery Act (Chapter 466,
15-41 Government Code <Article 179g, Vernon's Texas Civil Statutes>);
15-42 <or>
15-43 (4) was permitted under the Texas Racing Act (Article
15-44 179e, Vernon's Texas Civil Statutes); or
15-45 (5) consisted entirely of participation in a drawing
15-46 for hunting privileges authorized under the Parks and Wildlife
15-47 Code.
15-48 SECTION 80. Sections 11.056(c), 42.011, 46.004(d),
15-49 46.006(c), 46.009, 46.010, 46.011, 46.012, 50.002(c), 71.013, and
15-50 78.002(f), Parks and Wildlife Code, are repealed.
15-51 SECTION 81. (a) Except as otherwise provided by this
15-52 section, this Act takes effect immediately.
15-53 (b) The commission shall adopt rules necessary to implement
15-54 the changes in law made by this Act immediately after the effective
15-55 date of this Act.
15-56 (c) The changes in law made by this Act apply only to fees
15-57 collected for a license, stamp, or tag issued for the licensing
15-58 period that begins September 1, 1995, except that Sections 58 and
15-59 59 of this Act apply only to fees collected for a license issued
15-60 for the licensing period that begins January 1, 1996.
15-61 SECTION 82. The importance of this legislation and the
15-62 crowded condition of the calendars in both houses create an
15-63 emergency and an imperative public necessity that the
15-64 constitutional rule requiring bills to be read on three several
15-65 days in each house be suspended, and this rule is hereby suspended,
15-66 and that this Act take effect and be in force from and after its
15-67 passage, and it is so enacted.
15-68 * * * * *
15-69 * * * * *