Amend CSHB 2542 by striking all below the enacting clause and
substituting the following:
SECTION 1. Section 1.012, Parks and Wildlife Code, is
amended to read as follows:
Sec. 1.012. PUBLIC <PRIVATE> FRESH WATER. Any public
freshwater lake, river, creek, or bayou in this state contained in
any survey of private land may not be sold but shall remain open to
the public. The <If the> Parks and Wildlife Department <stocks the
water with fish, it> is authorized to protect the fish in public
waters under rules as it may prescribe.
SECTION 2. Section 1.101(1), Parks and Wildlife Code, is
amended to read as follows:
(1) "Hunt" means capture, trap, <seek or pursue with
intent to> take, or kill, or <and includes take, kill, and> an
attempt to capture, trap, take, or kill.
SECTION 3. Subchapter B, Chapter 11, Parks and Wildlife
Code, is amended by adding Section 11.0181 to read as follows:
Sec. 11.0181. EMPLOYEES AS EDUCATORS AND OUTREACH
PROPONENTS. (a) Employees of the department through education and
outreach shall:
(1) expand the wise use and conservation of fish and
wildlife resources; and
(2) increase the participation in outdoor recreation.
(b) The department may use money from any of the
department's special accounts to pay for education and outreach
activities performed by department employees or to provide grants
for education and outreach activities to be performed by other
entities.
SECTION 4. Section 11.027, Parks and Wildlife Code, is
amended by adding Subsection (e) to read as follows:
(e) The commission by rule may establish and provide for the
collection of a fee for entering, reserving, or using a facility or
property owned or managed by the department.
SECTION 5. Subchapter B, Chapter 11, Parks and Wildlife
Code, is amended by adding Section 11.0272 to read as follows:
Sec. 11.0272. PUBLIC FISHING AND SPECIAL EVENTS DRAWING;
FEES. (a) The department may conduct public drawings to select
applicants for public fishing or other special events privileges.
The department may charge each person who participates in the
drawing a nonrefundable participation fee in addition to any fee
for issuing a permit or fishing license. The participation fee
shall be set by the commission in an amount sufficient to pay the
costs of operating the drawing.
(b) The commission may approve participation fees, not to
exceed $25 per species or event for each participant on an
application, in drawings for special fishing or other special
programs, packages, or events the costs of which exceed the costs
of operating the drawing only if the receipts from fees charged are
designated for use in the management and restoration efforts of the
specific fishery or resource program implementing each special
fishing or other special program, package, or event.
SECTION 6. Section 11.033, Parks and Wildlife Code, is
amended to read as follows:
Sec. 11.033. ]SUSE OF GAME, FISH, AND WATER SAFETY ACCOUNT .
Money in the game, fish, and water safety account may be used for
the following purposes:
(1) enforcement of fish, shrimp, and oyster laws, game
laws, and laws pertaining to sand, shell, and gravel;
(2) dissemination of information pertaining to marine
life, wild animal life, wildlife values, and wildlife management;
(3) scientific investigation and survey of marine life
for the better protection and conservation of marine life;
(4) establishment and maintenance of fish hatcheries,
fish sanctuaries, tidal water fish passes, wildlife management
areas, and public hunting grounds;
(5) propagation and distribution of marine life, game
animals, and wild birds;
(6) protection of wild birds, fish, and game;
(7) purchase, repair, and operation of boats and
dredges;
(8) research, management, and protection of the fish
and wildlife resources of this state, including alligators and
fur-bearing animals;
(9) salaries of employees and other expenses necessary
to carry out the duties of the department under laws relating to
fish, shrimp, oysters, game, water safety, and sand, shell, and
gravel;
(10) expansion and development of additional
opportunities of hunting and fishing in state-owned land and water;
(11) removing rough fish from public water;
(12) <construction and maintenance of artificial reefs
under Section 12.016 of this code;>
<(13)> administration and enforcement of the water
safety laws as set out in Chapter 31 <of this code>;
(13) <(14)> purchasing all necessary forms and
supplies, including reimbursement of the department for any
material produced by its existing facilities or work performed by
other divisions of the department;
(14) <(15)> purchase, construction, and maintenance of
boat ramps on or near public waters as provided in Chapter 31 <of
this code>;
(15) <(16)> resource protection activities; and
(16) <(17)> any other use provided by law.
SECTION 7. Section 12.010, Parks and Wildlife Code, is
amended to read as follows:
Sec. 12.010. NOXIOUS VEGETATION PROGRAM. The department may
contract with a person not employed by the department or use the
services of department personnel for the control <eradication> of
noxious vegetation in <from> the water of this state.
SECTION 8. Section 12.013, Parks and Wildlife Code, is
amended to read as follows:
Sec. 12.013. POWER TO TAKE WILDLIFE. An employee of the
<The> department acting within the scope of the employee's
authority may take, transport, release, and manage any of the
wildlife and fish in this state for investigation, propagation,
distribution, education, or scientific purposes. <It is a defense
in any prosecution of an employee of the department for a violation
of any law for the protection of wildlife or fish that the employee
was acting within the scope of this authority.>
SECTION 9. Sections 12.114(b) and (c), Parks and Wildlife
Code, are amended to read as follows:
(b) If the person is a resident as defined by Subdivision
(1) of Section 42.001 of this code, "driver's license" and
"personal identification certificate" have the meanings assigned
<provided> by Chapter 521, Transportation Code <Subdivisions (1)
and (4), Section 1, Chapter 173, Acts of the 47th Legislature,
Regular Session, 1941 (Article 6687b, Vernon's Texas Civil
Statutes)>.
(c) If the person is a nonresident as defined by
<Subdivision (3) of> Section 42.001 <of this code>, "driver's
license" and "personal identification certificate" mean those
documents that are similar to those defined in Subsection (b) <of
this section> and that are issued by the agency in the state or
country of which the person is a resident that is authorized to
issue driver's licenses or personal identification certificates.
SECTION 10. Section 12.404, Parks and Wildlife Code, is
amended to read as follows:
Sec. 12.404. CLASS A PARKS AND WILDLIFE CODE MISDEMEANOR. An
individual adjudged guilty of a Class A Parks and Wildlife Code
misdemeanor shall be punished by:
(1) a fine of not less than $500 nor more than $4,000
<$2,000>;
(2) confinement in jail for a term not to exceed one
year; or
(3) both such fine and imprisonment.
SECTION 11. Section 12.405, Parks and Wildlife Code, is
amended to read as follows:
Sec. 12.405. CLASS B PARKS AND WILDLIFE CODE MISDEMEANOR. An
individual adjudged guilty of a Class B Parks and Wildlife Code
misdemeanor shall be punished by:
(1) a fine of not less than $200 nor more than $2,000
<$1,000>;
(2) confinement in jail for a term not to exceed 180
days; or
(3) both such fine and imprisonment.
SECTION 12. Section 12.407, Parks and Wildlife Code, is
amended to read as follows:
Sec. 12.407. PARKS AND WILDLIFE CODE FELONY. (a) An
individual adjudged guilty of a Parks and Wildlife Code felony
shall be punished by confinement in the institutional division of
the Texas Department of Criminal Justice <Corrections> for any term
of not more than 10 years or less than two years.
(b) In addition to imprisonment, an individual adjudged
guilty of a Parks and Wildlife Code felony may be punished by a
fine of not less than $2,000 nor more than $10,000 <$5,000>.
SECTION 13. Section 12.409, Parks and Wildlife Code, is
amended to read as follows:
Sec. 12.409. SEPARATE OFFENSES. Each fish, bird, animal,
reptile, or amphibian or part of a fish, bird, animal, reptile, or
amphibian taken, possessed, killed, left to die, imported,
exported, offered for sale, sold, purchased, attempted to be
purchased, or retained in violation of any provision of this code
or a proclamation or regulation adopted under this code constitutes
a separate offense.
SECTION 14. Section 12.505, Parks and Wildlife Code, is
amended to read as follows:
Sec. 12.505. VIOLATION OF SUSPENSION OR REVOCATION. A person
who engages in an activity requiring a permit or license during the
time for which such license or permit has been suspended or revoked
commits an offense that is a Class A Parks and Wildlife Code
misdemeanor.
SECTION 15. Section 13.001(b), Parks and Wildlife Code, is
amended to read as follows:
(b) The commission shall establish a classification system
for state parks and wildlife management areas that categorizes
wildlife management areas, parks, or a portion of parks as wildlife
<game> management areas, recreational areas, natural areas, or
historical areas.
SECTION 16. Section 13.016(b), Parks and Wildlife Code, is
amended to read as follows:
(b) Convicts working in connection with lands under the
control or jurisdiction of the department <a state park> remain
under the control of the Texas Department <Board> of Criminal
Justice <Corrections> and are considered as serving their terms in
the penitentiary.
SECTION 17. Section 13.019, Parks and Wildlife Code, is
amended to read as follows:
Sec. 13.019. FACILITY <CAMPSITE> RESERVATION FEE. The
department may permit the advance reservation of a facility,
lodging, or campsite at a state park and require the payment of a
fee by a person making the reservation. <If the reservation is
cancelled by 72 hours prior to the day the site is first to be
occupied under the reservation, the reservation fee shall be
refunded. If the reservation is confirmed by the person's arriving
at the park, the reservation fee shall be applied to the first
day's user fee. No user fee may be required in advance as part of
the reservation procedure.>
SECTION 18. The heading to Chapter 23, Parks and Wildlife
Code, is amended to read as follows:
CHAPTER 23. NATIONAL PARKS, NATIONAL SEASHORES, AND
OTHER FEDERAL LANDS <FORESTS>
SECTION 19. Subchapter D, Chapter 23, Parks and Wildlife
Code, is amended to read as follows:
SUBCHAPTER D. FEDERAL LANDS <DAVY CROCKETT NATIONAL FOREST>
Sec. 23.041. AGREEMENTS FOR WILDLIFE MANAGEMENT. <(a)> The
department may agree with the proper agency of the United States
for the protection and management of wildlife resources and for
restocking desirable species of wildlife on federal lands in the
state <in portions of the Davy Crockett National Forest, in Houston
and Trinity counties, that can be designated by a natural
boundary. A natural boundary may be a road, lake, stream, canyon,
rock, bluff, island, or other natural feature>.
<(b) No agreement under this section may cover more than
40,000 acres at any one time during any five-year period.>
Sec. 23.042. WILDLIFE RESOURCES DEFINED. In this subchapter,
"wildlife resources" means all wild <kinds of> birds, wild animals,
and aquatic animal life <fish>.
Sec. 23.043. HUNTING AND FISHING REGULATIONS. The
commission, under Chapter 61 or Subchapter E, Chapter 81, may
provide for open seasons for hunting and fishing on federal lands
for which the department has entered into a wildlife management
agreement under this subchapter <promulgate regulations applicable
to the Davy Crockett National Forest, in Houston and Trinity
counties, to:>
<(1) prohibit hunting and fishing for periods of time
as necessary to protect wildlife;>
<(2) provide open seasons for hunting and fishing;>
<(3) provide limitations on the number, size, kind,
and sex of wildlife that may be taken; and>
<(4) prescribe the conditions under which wildlife may
be taken>.
Sec. 23.044. PENALTY. A person who violates any rule or
regulation of the commission adopted under this subchapter or who
hunts or fishes on federal lands included in a wildlife management
agreement under this subchapter <in the Davy Crockett National
Forest> at any time other than the open season commits an offense
that is a Class C Parks and Wildlife Code misdemeanor.
SECTION 20. Section 31.003(1), Parks and Wildlife Code, is
amended and Section 31.003(14), Parks and Wildlife Code, as amended
by Chapters 450 and 739, Acts of the 73rd Legislature, Regular
Session, 1993, is amended and reenacted to read as follows:
(1) "Boat" means a vessel not more than 65 feet in
length, measured from end to end over the deck, excluding sheer<,
and manufactured or used primarily for noncommercial use>.
(14) "Personal watercraft" means <a vessel of> a type
of motorboat that <which> is specifically designed to be operated
by a person or persons sitting, standing, or kneeling on the vessel
rather than in the conventional manner of sitting or standing
inside the vessel.
SECTION 21. Section 31.004, Parks and Wildlife Code, is
amended to read as follows:
Sec. 31.004. APPLICATION OF CHAPTER. The provisions of this
chapter apply to all public water of this state and to all vessels
<watercraft navigated or moving> on <the> public water. Privately
owned water is not subject to the provisions of this chapter.
SECTION 22. Section 31.021(b), Parks and Wildlife Code, is
amended to read as follows:
(b) No person may operate or give permission for the
operation of any vessel, or dock, moor, or store a vessel owned by
the person, on the water of this state unless:
(1) the vessel is numbered as required by this
chapter;
(2) <, unless> the certificate of number awarded to
the vessel is in full force and effect;<,> and
(3) <unless> the identifying number set forth in the
certificate is properly displayed on each side of the bow of the
vessel.
SECTION 23. Section 31.129(a), Parks and Wildlife Code, is
amended to read as follows:
(a) A person who violates or fails to comply with a rule of
the Texas Natural Resource Conservation Commission <Department of
Water Resources> concerning the disposal of sewage from boats
commits an offense that is a Class C Parks and Wildlife Code
misdemeanor. A separate offense is committed each day a violation
continues.
SECTION 24. Section 41.003(b), Parks and Wildlife Code, is
amended to read as follows:
(b) An agreement must provide that a resident <residents> of
the border state who has <have> a <commercial or> sport fishing
license or a hunting license issued by the border state may fish or
hunt migratory waterfowl on rivers and lakes of the common border,
and a Texas resident <residents> holding a Texas license is
<licenses are> extended equal privileges. A person who holds a
nonresident sport fishing license or a nonresident hunting license
issued by this state or a border state may be extended the same
privileges as those extended a resident license holder under this
subsection.
SECTION 25. Section 41.004, Parks and Wildlife Code, is
amended to read as follows:
Sec. 41.004. RECIPROCAL AGREEMENTS PROCLAIMED. An <The
commission may approve any> agreement under Section 41.003 is not
effective until the commission <of this code> by proclamation has
approved it. <A proclamation becomes effective 30 days after the
day it is issued or 30 days after the agreement has been lawfully
accepted by the bordering state, whichever is later.>
SECTION 26. Section 41.006(c), Parks and Wildlife Code, is
amended to read as follows:
(c) Regulations adopted by the commission or issued by the
director, when authorized by the commission to issue regulations,
take effect 20 <30> days after their adoption or issuance or as
otherwise specified in the regulations.
SECTION 27. Section 42.001, Parks and Wildlife Code, is
amended to read as follows:
Sec. 42.001. DEFINITIONS. In this chapter:
(1) "Resident" means:
(A) an individual who has resided continuously
in this state for more than six months immediately before applying
for a hunting license;
(B) a member of the United States armed forces
on active duty;
(C) a dependent of a member of the United States
armed forces on active duty; or
(D) a member of any other category of
individuals that the commission by regulation designates as
residents.
(2) "Nonresident" means an individual who is not a
resident.
(3) "Carcass" means the <dead> body of a dead deer or
antelope, as listed in Section 63.001(a), that has not been
processed more than by quartering <minus the offal and inedible
organs, or the trunk with the limbs and head attached, with or
without the hide>.
(4) "Final destination, <destination>" for a carcass
or wild turkey or any part of a carcass or wild turkey, means:
(A) the permanent residence of the hunter;
(B) <,> the permanent residence of any other
person receiving the carcass or wild turkey or the part of a
carcass or wild turkey; <a dead wild turkey, deer carcass, or any
part of a deer carcass,> or
(C) a cold storage or <commercial> processing
facility <plant after the carcass or turkey has been finally
processed>.
(5) "Final processing," for a carcass or wild turkey,
means the cleaning of the dead animal for cooking or storage
purposes. For a carcass, the term also includes the processing of
the animal more than by quartering.
(6) "Cold storage or processing facility" means a
stationary facility designed and constructed to store or process
game animals and game birds.
(7) "Wildlife resource document" means a document
prescribed by the department, other than a tag or permit, that
allows a person to give, leave, receive, or possess any species of
legally taken game bird or game animal, or part of a legally taken
game bird or game animal, if the game bird or game animal is
otherwise required to have a tag or permit attached or is protected
by a bag or possession limit.
(8) "Quartering" means the processing of an animal
into not more than two hindquarters each having the leg bone
attached to the hock and two forequarters each having the leg
portion to the knee attached to the shoulder blade. The term also
includes removal of two back straps and trimmings from the neck and
rib cage.
SECTION 28. Section 42.018, Parks and Wildlife Code, is
amended by amending Subsections (a) and (c) and adding Subsections
(d)-(g) to read as follows:
(a) Except as provided by Subsection (d) or commission rule,
no <No> person may possess the carcass of a <wild> deer <at any
time> before the carcass has been finally processed at a <and
delivered to the> final destination unless there is attached to
the carcass a properly executed deer tag from a hunting license
provided by the department and issued to the person who killed the
deer.
(c) If the deer's head is severed from the carcass, the
properly executed tag must remain with the carcass.
(d) A wildlife resource document completed by the person who
killed the deer must accompany the head or other part of the deer
not accompanied by a tag if at any time before the carcass is
finally processed the head or other part of the deer no longer
accompanies the carcass. If a portion of the carcass is divided
among persons and separated and the person who killed the deer
retains a portion of the carcass, that person shall retain the tag
with the portion of the carcass retained by that person. A wildlife
resource document shall be retained with the head of a deer that is
not kept with the carcass until the head is delivered to the owner
after taxidermy or, if not treated by a taxidermist, until
delivered to a final destination.
(e) Final processing for a deer carcass may occur only at a
final destination.
(f) This section does not prohibit a person before
delivering a deer carcass to a final destination from removing and
preparing a part of the deer if the removal and preparation occur
immediately before the part is cooked or consumed.
(g) A landowner or the landowner's <his> agent operating
under a wildlife management plan approved by the department is, if
authorized by the commission, exempt from the tag requirements of
this section.
SECTION 29. Section 42.0185, Parks and Wildlife Code, is
amended by amending Subsection (a) and adding Subsections (c) and
(d) to read as follows:
(a) Except as provided by commission rule, no <No> person
may possess a <dead> wild turkey at any time after the turkey is
killed and before it has been finally processed at a <and delivered
to the> final destination unless there is attached to the <dead
wild> turkey a properly executed turkey tag from a hunting license
provided by the department and issued to the person who killed the
turkey.
(c) A wildlife resource document completed by the person who
killed the turkey must accompany a part of the turkey if at any
time before the turkey reaches a final destination the part of the
turkey no longer accompanies the tagged turkey and is possessed by
the person who killed the turkey or is given to, left with, or
possessed by another person, including a taxidermist.
(d) This section does not prohibit a person before
delivering a wild turkey to a final destination from preparing part
of the turkey immediately before cooking and consuming the part.
SECTION 30. Section 42.019, Parks and Wildlife Code, is
amended to read as follows:
Sec. 42.019. POSSESSION OF CERTAIN PARTS OF ANTELOPE <DEER>.
(a) Except as provided by Subsection (c), no <No> person may
possess the carcass of an antelope before it has been finally
processed at a final destination unless there is attached to the
carcass an antelope permit provided by the department that is
executed legibly, accurately, and completely by the person who
killed the antelope <a wild deer with the head removed unless the
carcass has been finally processed and delivered to the final
destination>.
(b) If the antelope's head is severed from the carcass, the
properly executed permit must remain with the carcass. <No person,
other than the person who killed the deer, may receive or possess
any part of a deer without a legible hunter's document attached to
the carcass or part of the deer.>
(c) A wildlife resource document completed by the person who
killed the antelope must accompany the head or other part of the
antelope not accompanied by a permit if at any time before the
carcass is finally processed the head or other part of the antelope
no longer accompanies the carcass. If a portion of the carcass is
divided among persons and separated and the person who killed the
antelope retains a portion of the carcass, that person shall retain
the permit with the portion of the carcass retained by that person.
A wildlife resource document shall be retained with the head of an
antelope that is not kept with the carcass until the head is
delivered to the owner after taxidermy or, if not treated by a
taxidermist, until delivered to a final destination. <A hunter's
document is an instrument signed and executed by the person who
killed the deer and must contain:>
<(1) the name and address of the person who killed the
deer;>
<(2) the number of the hunting license of the person
who killed the deer;>
<(3) the date on which the deer was killed; and>
<(4) the name of the ranch and the county where the
deer was killed.>
(d) Final processing for an antelope carcass may occur only
at a final destination.
(e) This section does not prohibit a person before
delivering an antelope carcass to a final destination from removing
and preparing a part of the antelope if the removal and preparation
occur immediately before the part is cooked and consumed. <A
hunter's document shall remain with any part of the deer until it
is finally processed and delivered to the final destination.>
SECTION 31. Section 43.0721, Parks and Wildlife Code, is
amended by amending Subsection (a) and adding Subsection (c) to
read as follows:
(a) No person may release banded pen-reared birds under this
subchapter <and receive as a guest for pay or other consideration
an individual engaged in hunting,> unless the person holds a valid
private bird hunting area license.
(c) A person is not required to hold a hunting lease license
issued under Subchapter D to hunt banded pen-reared birds released
under the authority of this subchapter.
SECTION 32. Section 43.075(d), Parks and Wildlife Code, is
amended to read as follows:
(d) The band must remain on each bird killed until the bird
is taken to the permanent residence of the hunter, the permanent
residence of another person receiving the bird, or a cold storage
or processing facility unless <a final destination. It is a
defense to prosecution under this subsection if> the name and
identification number of the licensee has been stamped or printed
on the box, wrapping, or package containing the carcass of a bird
that has been processed and possessed, shipped, or transported
without the band attached.
SECTION 33. Section 43.154(d), Parks and Wildlife Code, is
amended to read as follows:
(d) No state permit is required to authorize a person to
kill <authorizing the killing of> migratory <game> birds protected
by the Federal Migratory Bird Treaty Act if the person has obtained
<may be issued unless the applicant has received> a permit
authorizing that activity from the United States Department of the
Interior or the United States Department of Agriculture<, Fish and
Wildlife Service. No permit may be issued for the taking of
wildlife protected under Chapter 68 of this code (Endangered
Species)>.
SECTION 34. Section 43.201(a), Parks and Wildlife Code, is
amended to read as follows:
(a) Except as provided by Subsection (c) or (d) <of this
section>, no person may hunt <wild> deer, <bear,> turkey, or
javelina (collared peccary) during an open archery season provided
by law or by the proclamations of the commission and during which
season only crossbows used by hunters with upper limb disabilities
and longbows, recurved bows, and compound bows <and arrows> may be
used unless the person has acquired an archery hunting stamp issued
to the person by the department. The commission by rule may
prescribe requirements relating to possessing a stamp required by
this subchapter.
SECTION 35. Section 43.203, Parks and Wildlife Code, is
amended to read as follows:
Sec. 43.203. HUNTING LICENSE REQUIRED. The purchase or
possession of an archery hunting stamp does not permit a person to
hunt <wild> deer, <bear,> turkey, or javelina without the license
required by Chapter 42 <of this code> or by any means or methods
not allowed by law.
SECTION 36. Section 43.355(b), Parks and Wildlife Code, is
amended to read as follows:
(b) A scientific breeder's permit is valid only during the
yearly period for which the permit is issued without regard to the
date on which the permit is acquired <expires one year from the
date of issuance>. Each yearly period begins on September 1 or on
another date set by the commission and extends through August 31 of
the next year or another date set by the commission.
SECTION 37. Section 43.356(b), Parks and Wildlife Code, is
amended to read as follows:
(b) The scientific breeder shall place a suitable permanent
<metal> tag bearing the scientific breeder's <his> serial number on
the ear of each white-tailed deer or mule deer possessed <held in
captivity or sold> by the scientific breeder and shall place on the
white-tailed deer or mule deer any other identification marking
prescribed by the commission.
SECTION 38. Section 43.357(b), Parks and Wildlife Code, is
amended to read as follows:
(b) The commission may make regulations governing:
(1) the possession of white-tailed deer and mule deer
for scientific, management, and propagation purposes; and
(2) the recapture of lawfully possessed white-tailed
deer or mule deer that have escaped from a facility of a scientific
breeder.
SECTION 39. Section 43.358, Parks and Wildlife Code, is
amended to read as follows:
Sec. 43.358. INSPECTION. An authorized employee of the
department may inspect at any time and without warrant:
(1) any pen, coop, or enclosure holding white-tailed
deer or mule deer; or
(2) any records required to be maintained under
Section 43.359(a).
SECTION 40. Section 43.359, Parks and Wildlife Code, is
amended to read as follows:
Sec. 43.359. REPORTS. (a) A <The holder of a> scientific
breeder <breeder's permit> shall maintain an accurate record <file
with the department a report showing the number> of white-tailed
deer and mule deer acquired, purchased, propagated, sold, or
disposed of and any other information required by the department
that reasonably relates to the regulation of scientific breeders
<possessed under the permit and their disposition>. The record
shall be maintained on a form provided by the department. <The
report shall also give the results of any research conducted under
the permit and must be filed before the 15th day after the date on
which the permit expires.>
(b) A scientific breeder shall report the information
maintained under Subsection (a) to the department in the time and
manner required by commission proclamation.
SECTION 41. Section 43.362, Parks and Wildlife Code, is
amended by amending Subsection (b) and adding Subsection (c) to
read as follows:
(b) Except as provided by Subchapter C, Chapter 43, no <No>
person may purchase or accept in this state a live white-tailed
deer or mule deer unless the person obtains a permit for purchasing
from the department and:
(1) the white-tailed deer or mule deer is properly
marked as <bears a tag> required by Section 43.356(b) <43.356> of
this code <and is delivered or sold by a scientific breeder>; or
(2) the white-tailed deer or mule deer is delivered by
a common carrier from outside this state.
(c) No person may release into the wild a white-tailed deer
or mule deer unless all visible markings required by Section
43.356(b) have been removed.
SECTION 42. Section 43.363(a), Parks and Wildlife Code, is
amended to read as follows:
(a) During an open season for taking the white-tailed deer
or mule deer or during a period of 10 days before an open season,
no <No> scientific breeder may release into the wild or sell or
ship to a <another> person other than a person holding a scientific
breeder's permit, a white-tailed deer or mule deer and no person in
this state, other than a scientific breeder, may purchase from a
scientific breeder in this state a white-tailed deer or mule deer
<during an open season for taking the white-tailed deer or mule
deer or during a period of 10 days before an open season> unless
the scientific breeder:
(1) has removed immediately above the pedicel the
antlers of a male white-tailed deer or mule deer to be sold or
shipped <to another person>; and
(2) has given written notice of the sale to <a game
warden commissioned by> the department <who operates in the county
of sale;>
<(3) has given written notice of the shipment to a
game warden commissioned by the department who operates in the
county of origin and one who operates in the county of delivery;
and>
<(4) has received written approval for the sale and
shipment from the game wardens required to be notified under this
section>.
SECTION 43. Section 43.365, Parks and Wildlife Code, is
amended to read as follows:
Sec. 43.365. PROHIBITED ACTS. It is an offense if a
scientific breeder:
(1) takes, traps, or captures or attempts to take,
trap, or capture white-tailed deer or mule deer from the wild;
(2) allows the hunting or killing of a white-tailed
deer or mule deer held in captivity under the provisions of this
subchapter; or
(3) fails to furnish to a game warden commissioned by
the department records required to be maintained under Section
43.359(a) <information as to the source from which white-tailed
deer or mule deer held in captivity were derived>.
SECTION 44. Section 43.522(a), Parks and Wildlife Code, is
amended to read as follows:
(a) The department or its agent may issue a conservation
permit to any person on the payment to the department or agent of a
fee in an amount set by the commission. <The fee charged for a
conservation permit may not exceed the amount charged by the
department for a combination hunting and fishing license under
Section 50.002 of this code.>
SECTION 45. Subchapter P, Chapter 43, Parks and Wildlife
Code, is amended by adding Section 43.555 to read as follows:
Sec. 43.555. PENALTIES. A person who violates this
subchapter or a commission rule issued under this subchapter
commits an offense that is a Class C Parks and Wildlife Code
misdemeanor.
SECTION 46. Chapter 43, Parks and Wildlife Code, is amended
by adding Subchapter R to read as follows:
SUBCHAPTER R. DEER MANAGEMENT PERMITS
Sec. 43.601. PERMIT FOR DEER MANAGEMENT. (a) The department
may issue a permit for the management of the wild white-tailed deer
population on acreage enclosed by a fence capable of retaining
white-tailed deer (under reasonable and ordinary circumstances) and
capable of preventing entry by a white-tailed deer.
(b) The deer managed under the permit remain the property of
the people of the state, and the holder of the permit is considered
to be managing the population on behalf of the state.
Sec. 43.602. MANAGEMENT PLAN. (a) The holder of a deer
management permit must annually submit a deer management plan for
approval or disapproval of the department. The management plan
must provide for specific management practices to be applied to the
deer population on the acreage, which may include, in addition to
other practices:
(1) the temporary detention within an enclosure on the
acreage covered by the permit of wild white-tailed deer for the
purpose of propagation with other wild deer, and the release of
those deer on that acreage;
(2) the killing of wild deer in open seasons
established by the commission in a number set in the management
plan; or
(3) the killing of wild deer during a special season
having a special bag limit established by the commission for this
permit.
(b) A management plan approved by the department must be
consistent with the regulatory responsibilities of the commission
under Chapter 61.
(c) A management plan may not authorize the killing of wild
deer within an enclosure designed for the temporary detention of
wild deer under Subsection (a)(1).
Sec. 43.603. CONDITIONS; DURATION; FEE. (a) A permit issued
under this subchapter is subject to conditions established by the
commission, including conditions governing:
(1) the number of deer that may be killed on the
property by a single person;
(2) the number and type of deer that may be killed or
taken under the permit; and
(3) the number, type, and length of time that deer may
be temporarily detained in an enclosure.
(b) The permit is valid for a period prescribed by the
department of not less than one year.
(c) The department shall set a fee for the issuance or
renewal of a permit in an amount not to exceed $1,000.
Sec. 43.604. INSPECTION. An authorized employee of the
department may inspect at any time without warrant the records
required by Section 43.605 and the acreage for which the permit is
issued for the purpose of determining the permit holder's
compliance with the management plan.
Sec. 43.605. RECORDS. The holder of a permit issued under
this subchapter shall maintain, in a form prescribed by the
department, an accurate record showing:
(1) the number of white-tailed deer taken during the
general open seasons and during any special seasons;
(2) the number of white-tailed deer temporarily
detained and released during the permit period; and
(3) any other information required by the department
that reasonably relates to the activities covered by the permit.
Sec. 43.606. APPLICATION OF GENERAL LAWS. Except as
expressly provided by this subchapter and the terms and conditions
of the permit and management plan, the general laws and regulations
of this state applicable to white-tailed deer apply to deer on the
acreage covered by the permit. This subchapter does not restrict
or prohibit the use of high fences on acreage not covered by a
management plan.
Sec. 43.607. PENALTY. (a) A person commits an offense if
the person:
(1) violates a provision of this subchapter or a
regulation of the department adopted under this subchapter;
(2) violates a condition of permit imposed under
Section 43.603(a);
(3) fails to maintain records required by Section
43.605; or
(4) kills or allows to be killed a deer temporarily
detained under Section 43.602(a)(1).
(b) An offense under Subsections (a)(1)-(3) is a Class C
Parks and Wildlife Code misdemeanor.
(c) An offense under Subsection (a)(4) is a Class A Parks
and Wildlife Code misdemeanor.
SECTION 47. Section 44.012, Parks and Wildlife Code, is
amended to read as follows:
Sec. 44.012. SALE DURING OPEN SEASON. A game animal held
under the authority of a license issued under this subchapter may
not be sold, traded, transferred, or shipped to any person in any
county <No game breeder may sell or ship to another person in this
state any antelope or collared peccary, and no person in this state
may purchase from a game breeder in this state or any other state
any antelope or collared peccary> during an open season in the
county of destination for taking the game animal or during a period
of 10 days before the <and after an> open season.
SECTION 48. Section 45.001, Parks and Wildlife Code, is
amended to read as follows:
Sec. 45.001. LICENSE REQUIRED. No <(a) Except as provided
in Subsection (b) of this section, no> person may possess game
birds in captivity for the purpose of propagation or sale <engage
in the business of propagating game birds> without first acquiring
the proper license authorized to be issued under this chapter.
<(b) A person is not required to have a license issued under
this chapter if he possesses not more than 12 game birds for
personal use only.>
SECTION 49. Section 45.003, Parks and Wildlife Code, is
amended to read as follows:
Sec. 45.003. TYPES OF LICENSES; FEES. (a) A class 1
commercial game bird breeder's license entitles the holder to
possess <engage in the business of propagating game birds for sale
or holding game birds> in captivity more than 1,000 game birds.
The fee for a class 1 <commercial game bird breeder's> license is
$100 or an amount set by the commission, whichever amount is more.
(b) A class 2 commercial game bird breeder's license
entitles the holder to <engage in the business of propagating game
birds for sale or holding game birds in captivity, except that the
holder of a class 2 license may not> possess in captivity not more
than 1,000 game birds during any calendar year. The fee for a
class 2 <commercial game bird breeder's> license is $10 or an
amount set by the commission, whichever amount is more.
SECTION 50. Section 45.006, Parks and Wildlife Code, is
amended to read as follows:
Sec. 45.006. SALES OF GAME BIRD CARCASSES OR PARTS OF A GAME
BIRD. (a) No person may sell, offer for sale, or purchase the
carcass or any part of a dead pen-raised game bird unless:
(1) the carcass or part is clearly stamped and marked
by the stamp authorized by Subsection (b) <of this section>; or
(2) the carcass or part is delivered to the purchaser
and is accompanied by a document <in a box, wrapping, or other
container> on which is printed or written the name, street address,
and identification <the serial> number, if applicable, of the game
bird breeder.
(b) Each holder of a license required by this chapter who
offers for sale the carcass of a pen-raised game bird may acquire a
rubber stamp which, when used, shows the identification <serial>
number of the holder of the license.
SECTION 51. Section 45.0061, Parks and Wildlife Code, is
amended to read as follows:
Sec. 45.0061. SOURCE OF GAME BIRDS. A person who is not
required to possess a commercial game bird breeder's license and
who is in possession of a live game bird or part of a dead game
bird <under Subsection (b) of Section 45.001> shall, on the request
of a game warden commissioned by the department, furnish to the
warden a receipt showing the name and street address of the person
and the name and street address of <information as to> the source
from which any live game bird or part of a dead game bird <birds>
in the possession of the person was <were> derived. The receipt
must also show the date of sale and the species and number of live
game birds or parts of dead game birds acquired. The failure or
refusal to comply with this section is a violation of this chapter.
SECTION 52. Section 45.009, Parks and Wildlife Code, is
amended to read as follows:
Sec. 45.009. EXCEPTIONS. (a) <A person may purchase live
pheasant from a commercial game bird breeder for any purpose.>
<(b)> A commercial game bird breeder may process <slaughter>
game birds for <his> personal consumption at any time.
(b) <(c)> This chapter does not apply to a person holding a
permit under Section 43.022 <of this code>.
(c) <(d)> Any person owning or operating a <restaurant,
hotel, boarding house, club, or other> business where food is sold
for consumption, including a restaurant, hotel, boarding house, or
club, may sell game birds obtained from a legal source for
consumption on the premises of the business.
SECTION 53. Sections 47.001(3)-(5), (9), and (16), Parks and
Wildlife Code, are amended to read as follows:
(3) "Wholesale fish dealer" means a person who
operates a place of business <and buys> for <the purpose of>
selling, offering for sale, canning, preserving, processing, or
handling for shipments or sale aquatic products to retail fish
dealers, hotels, restaurants, cafes, consumers, or other wholesale
fish dealers. The term does not include the holder of a
bait-shrimp dealer's license.
(4) "Retail fish dealer" means a person who operates a
place of business <and buys> for selling <the purpose of sale or
sells> or offering <offers> for sale to a consumer aquatic
products, other than aquatic products that are sold by restaurants
for and ready for immediate consumption in individual portion
servings and that <which> are subject to the limited sales or use
tax. For purposes of this subsection, "consumer" does not include
a wholesale fish dealer or a hotel, restaurant, cafe, or other
retail fish dealer.
(5) "Bait dealer" means a person who catches and sells
minnows, fish, shrimp, or other aquatic products for bait <or
transports for sale,> or a place of <who is engaged in the>
business where <of selling> minnows, fish, shrimp, or other aquatic
products are sold, offered for sale, handled, or transported for
sale for <fish> bait.
(9) "Place of business" means a permanent structure on
land or a motor vehicle required to be registered under Section
502.002, Transportation Code <2, Chapter 88, General Laws, Acts of
the 41st Legislature, 2nd Called Session, 1929 (Article 6675a-2,
Vernon's Texas Civil Statutes)>, where aquatic products or orders
for aquatic products are received or where aquatic products are
sold or purchased but does not include a boat or any type of
floating device, a public cold storage vault, the portion of a
structure that is used as a residence, or a vehicle from which no
orders are taken or no shipments or deliveries are made other than
to the place of business of a licensee in this state.
(16) "Aquatic product" means any live or dead,
uncooked, fresh or frozen aquatic animal life.
SECTION 54. Section 47.003(d), Parks and Wildlife Code, is
amended to read as follows:
(d) No person may be issued a commercial finfish fisherman's
license unless the person files with the department at the time the
person <he> applies for the license an affidavit containing
statements that:
(1) <not less than 50 percent of the applicant's
gainful employment is devoted to commercial fishing;>
<(2)> the applicant is not employed at any full-time
occupation other than commercial fishing; and
(2) <(3)> during the period of validity of the
commercial finfish fisherman's license the applicant does not
intend to engage in any full-time occupation other than commercial
fishing.
SECTION 55. Section 47.004, Parks and Wildlife Code, is
amended by adding Subsection (c) to read as follows:
(c) The commission may adopt rules governing the issuance
and use of a fishing guide license.
SECTION 56. Section 47.009(c), Parks and Wildlife Code, is
amended to read as follows:
(c) A person who has an aquaculture <a fish farming> license
for a Texas aquaculture facility under Section 134.011, Agriculture
Code, is not required to obtain or possess a wholesale fish
dealer's license if the person's business activities with regard to
the sale of aquatic products <fish> involve aquatic products <fish>
raised on the person's aquaculture facility <fish farm> only.
SECTION 57. Section 47.010, Parks and Wildlife Code, is
amended to read as follows:
Sec. 47.010. WHOLESALE TRUCK DEALER'S FISH LICENSE. (a) The
license fee for a wholesale truck dealer's fish license is $250 for
each truck or an amount set by the commission, whichever amount is
more.
(b) A resident who holds a fish farm vehicle license under
Section 134.012, Agriculture Code, is not required to obtain a
license for the vehicle under this section if the vehicle is used
with regard to the sale or transportation of only aquatic products
raised on a licensed Texas aquaculture facility belonging to the
owner of the vehicle.
SECTION 58. Section 47.011(c), Parks and Wildlife Code, is
amended to read as follows:
(c) A person with an aquaculture <a fish farming> license
for a Texas aquaculture facility under Section 134.011, Agriculture
Code, is not required to obtain or possess a retail fish dealer's
license if the person's business activities with regard to the sale
of aquatic products <fish> involve aquatic products <fish> raised
on the person's aquaculture facility <fish farm> only.
SECTION 59. Section 47.013(c), Parks and Wildlife Code, is
amended to read as follows:
(c) A resident <person> who owns a vehicle licensed under
Section 134.012, Agriculture Code, is not required to obtain a
license for the vehicle under this section when the vehicle is used
with regard to the sale or transportation of only aquatic products
raised on a licensed Texas aquaculture facility <fish farm>
belonging to the owner of the vehicle.
SECTION 60. Section 47.014, Parks and Wildlife Code, is
amended by amending Subsection (a) and adding Subsection (c) to
read as follows:
(a) No person may engage in business <act> as a bait dealer
unless the person <he> has obtained the appropriate <a> bait
dealer's license.
(c) A person who has an aquaculture license for a Texas
aquaculture facility under Section 134.011, Agriculture Code, is
not required to obtain or possess a bait dealer's license if the
person's business activities with regard to the sale of aquatic
products for bait involve only aquatic products raised on the
person's aquaculture facility.
SECTION 61. Section 47.018(a), Parks and Wildlife Code, is
amended to read as follows:
(a) No person may bring into this state and deliver aquatic
products for <any> commercial purposes <purpose> unless the person
<he> has obtained a wholesale fish dealer's license, <or> a retail
fish dealer's license, or a bait dealer's license, as applicable,
issued under this subchapter.
SECTION 62. Section 47.0181(a), Parks and Wildlife Code, is
amended to read as follows:
(a) No person, except a commercial fisherman licensed to
take aquatic products from Texas waters transporting the
fisherman's own catch within this state, may transport aquatic
products for commercial purposes, regardless of origin or
destination, without an invoice containing the following
information correctly stated and legibly written:
(1) the invoice number;
(2) the date of shipment;
(3) the name and physical address of shipper;
(4) the name and physical address of receiver;
(5) the license number of shipper; and
(6) the quantity of aquatic products contained in the
shipment; finfish by species and by <,> number or <and> weight,
oysters by volume, and all other aquatic products by weight.
SECTION 63. Section 47.031(b), Parks and Wildlife Code, is
amended to read as follows:
(b) All licenses and permits issued under the authority of
Chapter 47 <of this code> may not be transferred to another person
except that a license issued in the name of a business shall remain
valid for the business location specified on the license or permit
if a change of ownership and/or business name occurs. A license
issued under the authority of Section 47.009, <or> 47.011, <or>
47.014, or 47.016 may be transferred to a new address if the
business moves to another location. A license issued under the
authority of Section 47.007, 47.010, or 47.013 may be transferred
to another vehicle or vessel or to a new owner of the same vehicle
or vessel. The commission, by regulation, may prescribe
requirements necessary to clarify license and permit transfer
procedures and may prescribe, by regulation, forms to be used and
fees to be charged for transfer of licenses and permits in this
chapter and for duplicate license plates and duplicate or
replacement licenses and permits.
SECTION 64. Section 49.001, Parks and Wildlife Code, is
amended by adding Subdivision (3) to read as follows:
(3) "Falconry" means the practice of trapping,
possessing, training, or flying a raptor for hunting purposes and
includes the act of hunting by the use of a trained raptor.
SECTION 65. Section 49.002, Parks and Wildlife Code, is
amended to read as follows:
Sec. 49.002. PROHIBITED ACTS. (a) Except as provided in
Subsection (b) <of this section>, no person may take, capture, or
possess, or attempt to take or capture, any native raptors unless
the person <he> has obtained a permit issued by the department
<under this chapter>.
(b) A nonresident may temporarily possess in this state or
transport through this state any raptor if the person is authorized
by state and federal permits to possess the raptor in the person's
state of residence or has been issued a permit under Chapter 43
<person may collect and hold protected species of wildlife for
scientific, zoological, and propagation purposes if he holds a
permit issued by the department for that purpose>.
SECTION 66. Section 49.003, Parks and Wildlife Code, is
amended to read as follows:
Sec. 49.003. RECIPROCITY <APPRENTICE FALCONER'S PERMIT>. A
person in possession of a raptor under a license issued by another
state who intends to establish residency in this state must apply
to the department for a falconry permit not later than the 10th day
after the date the person first moves a raptor into this state. A
signed and notarized affidavit stating the person's intent to
establish residency in this state must accompany the application.
<The department may issue an apprentice falconer's permit to any
person who:>
<(1) is at least 14 years of age;>
<(2) is sponsored by the holder of a general
falconer's or a master falconer's permit;>
<(3) submits an application on forms prescribed by the
department; and>
<(4) submits an original permit fee of $30 or an
amount set by the commission, whichever amount is more.>
SECTION 67. Section 49.010, Parks and Wildlife Code, is
amended to read as follows:
Sec. 49.010. HUNTING. (a) A resident possessing <The holder
of> a falconry <valid> permit <issued under this chapter> and a
<valid> hunting license may hunt by means of falconry <native
species of wild birds, wild animals, and migratory game birds
during the open season and may hunt unprotected species of
wildlife>.
(b) A nonresident may hunt by means of falconry if the
nonresident possesses on the nonresident's person:
(1) a federal falconry permit;
(2) a falconry permit issued in the person's state of
residence; and
(3) a nonresident hunting license and any applicable
stamps.
(c) A person may hunt a bird or animal by means of falconry
only during an open season provided for that bird or animal.
SECTION 68. Section 49.011, Parks and Wildlife Code, is
amended to read as follows:
Sec. 49.011. TRANSFER OR SALE OF RAPTORS. (a) Except as
permitted in Subsections (b) and (c) <of this section>, no person
may buy, sell, barter, or exchange, or offer to buy, sell, barter,
or exchange, a raptor in this state.
(b) The holder of a falconer's permit may transfer <, with
approval of the department, exchange> a raptor to <with> another
holder of a falconer's permit or receive a raptor from another
holder of a falconer's permit <if there is no consideration for the
exchange other than the raptors exchanged>.
(c) A <The> holder of a <general or master> falconer's
permit who qualifies as prescribed by commission rule may <arrange
for the> purchase <of legal> raptors <by correspondence or
telephone> from any legal source and may sell captive-bred raptors
to any person permitted to purchase captive-bred raptors <a
lawfully permitted person in another state where the sale of
raptors is lawful, provided, however, such raptors may not be
resold in this state>.
SECTION 69. Section 49.014, Parks and Wildlife Code, is
amended to read as follows:
Sec. 49.014. POWERS OF DEPARTMENT. The department may:
(1) prescribe <reasonable> rules <and regulations> for
the taking, capture, possession, propagation, transportation,
export, import, and sale of <taking and possessing> raptors, time
and area from which raptors may be taken or captured, and species
that may be taken or captured;
(2) provide standards for possessing and housing
raptors held under a permit;
(3) prescribe annual reporting requirements and
procedures;
(4) prescribe eligibility requirements and fees for
and issue any falconry, raptor propagation, or nonresident trapping
permit; and
(5) require and regulate the identification of raptors
held by permit holders.
SECTION 70. Section 61.003, Parks and Wildlife Code, is
amended to read as follows:
Sec. 61.003. APPLICABILITY OF CHAPTER. This <Title 7 of this
code prescribes the counties, places, and wildlife resources to
which this> chapter applies to every county, place, and wildlife
resource in the state, except as otherwise provided by this code.
SECTION 71. Section 61.005, Parks and Wildlife Code, is
amended to read as follows:
Sec. 61.005. DEFINITIONS. In this chapter:
(1) <"Hunt" includes take, kill, pursue, trap, and the
attempt to take, kill, or trap.>
<(2)> "Wildlife resources" means all wild <game>
animals, wild <game> birds, and <marine animals, fish, and other>
aquatic animal life.
(2) <(3)> "Depletion" means the reduction of a species
below its immediate recuperative potential by any <deleterious>
cause.
(3) <(4)> "Waste" means the failure to provide for the
regulated harvest of surplus wildlife resources when that harvest
would allow, promote, or optimize a healthy and self-sustaining
population of a <supply of a species or one sex of a species in
sufficient numbers that a seasonal harvest will aid in the
reestablishment of a normal number of the> species.
<(5) "Daily bag limit" means the quantity of a species
of game that may be taken in one day.>
<(6) "Possession limit" means the maximum number of a
species of game that may be possessed at one time.>
SECTION 72. Section 61.022, Parks and Wildlife Code, is
amended to read as follows:
Sec. 61.022. TAKING WILDLIFE RESOURCES WITHOUT CONSENT OF
LANDOWNER PROHIBITED. No person may hunt or <,> catch by any means
or method <,> or possess a wildlife resource <game animal or game
bird, fish, marine animal, or other aquatic life> at any time and
at any place covered by this chapter unless the owner of the land
or water, or the owner's agent, consents.
SECTION 73. Subchapter B, Chapter 61, Parks and Wildlife
Code, is amended by adding Section 61.023 to read as follows:
Sec. 61.023. APPLYING CONTRACEPTIVES TO WILDLIFE RESOURCES.
No person may intentionally apply contraceptives to any vertebrate
wildlife resource unless the person first obtains written
authorization from the department.
SECTION 74. Section 61.051, Parks and Wildlife Code, is
amended to read as follows:
Sec. 61.051. DUTY TO INVESTIGATE AND STUDY CERTAIN WILDLIFE
RESOURCES. (a) The department shall conduct scientific studies and
investigations of all species of game animals, game birds, and
aquatic animal life <wildlife resources> to determine:
(1) supply;
(2) economic value;
(3) environments;
(4) breeding habits;
(5) sex ratios; and
(6) effects of <hunting, trapping, fishing, disease,
infestation, predation, agricultural pressure, and overpopulation;
and>
<(7)> any <other> factors or conditions causing
increases or decreases in supply.
(b) The studies and investigations may be made periodically
or continuously.
(c) The commission shall make findings of fact based on the
studies and investigations of the department.
SECTION 75. Section 61.052, Parks and Wildlife Code, is
amended to read as follows:
Sec. 61.052. GENERAL REGULATORY DUTY. (a) The commission
shall regulate the periods of time when it is lawful to hunt, take,
or possess game animals, game birds, or aquatic animal life
<wildlife resources> in or from the places covered by this chapter.
(b) The commission shall regulate the means, methods,
<manners,> and places in which it is lawful to hunt, take, or
possess game animals, game birds, or aquatic animal life <wildlife
resources> in or from the places covered by this chapter.
SECTION 76. Section 61.053, Parks and Wildlife Code, is
amended to read as follows:
Sec. 61.053. OPEN SEASONS. The commission shall provide open
seasons for the hunting, taking, or possession of game animals,
game birds, or aquatic animal life <wildlife resources> if its
investigations and findings of fact reveal that open seasons may
be safely provided or if the threat of waste requires an open
season to conserve game animals, game birds, or aquatic animal life
<wildlife resources>.
SECTION 77. Section 61.054, Parks and Wildlife Code, is
amended to read as follows:
Sec. 61.054. PROCLAMATIONS OF THE COMMISSION. (a)
Regulation of the hunting, taking, or possession of game animals,
game birds, or aquatic animal life <wildlife resources> under this
chapter shall be by proclamation of the commission.
(b) A proclamation of the commission authorizing the
hunting, taking, or possession of game animals, game birds, or
aquatic animal life <wildlife resources> must specify:
(1) the species, quantity, age or size, and, to the
extent possible, the sex of the game animals, game birds, or
aquatic animal life <wildlife resources> authorized to be hunted,
taken, or possessed;
(2) the means or <,> method<, or manner> that may be
used to hunt, take, or possess the game animals, game birds, or
aquatic animal life <wildlife resources>; and
(3) the region, county, area, body of water, or
portion of a county where the game animals, game birds, or aquatic
animal life <wildlife resources> may be hunted, taken, or
possessed.
SECTION 78. Section 61.055(a), Parks and Wildlife Code, is
amended to read as follows:
(a) If the commission finds that there is a danger of
depletion or waste, it shall amend or revoke its proclamations to
prevent the depletion or waste and to provide to the people the
most equitable and reasonable privilege to hunt game animals or
game birds or catch aquatic animal life <pursue, take, possess, and
kill wildlife resources>.
SECTION 79. Subchapter C, Chapter 61, Parks and Wildlife
Code, is amended by adding Section 61.058 to read as follows:
Sec. 61.058. YOUTH HUNTING AND FISHING. (a) The commission
may provide for special open seasons during which the taking and
possession of game animals and game birds are restricted to persons
under 17 years old.
(b) The commission may provide for special means and methods
for the taking and possession of aquatic animal life by persons
under 17 years old.
SECTION 80. Section 61.101(a), Parks and Wildlife Code, is
amended to read as follows:
(a) Before a proclamation of the commission may be adopted,
the department shall hold public hearings<:>
<(1)> in the county to be affected by the proclamation
if the director or the director's <his> designee receives a
petition for a public hearing signed by not less than 25 persons
who reside in the county<; and>
<(2) in at least five locations the director or his
designee considers necessary to ensure public participation>.
SECTION 81. Section 61.205(d), Parks and Wildlife Code, is
amended to read as follows:
(d) The department may authorize the sale, trade, auction,
or donation of <A person may not sell or trade> a bighorn sheep
hunting permit if the proceeds of the sale, trade, auction, or
donation are used to restore, protect, or manage bighorn sheep <for
anything of value>.
SECTION 82. Section 62.005, Parks and Wildlife Code, is
amended to read as follows:
Sec. 62.005. HUNTING WITH LIGHT. <(a)> No person may hunt a
game <an> animal or bird protected by this code with the aid of <a
headlight, hunting lamp, or other artificial light, including> an
artificial light that casts or reflects a beam of light onto or
otherwise illuminates the game animal or bird, including the
headlights of <attached to> a motor vehicle.
<(b) The possession of a headlight or hunting lamp used on
or about the head when hunting at night between sunset and one-half
hour before sunrise by a person hunting in an area where deer are
known to range constitutes prima facie evidence that the person was
violating this section.>
SECTION 83. Section 62.014(a)(2), Parks and Wildlife Code,
is amended to read as follows:
(2) "Archery equipment" means a long bow, recurved
bow, or compound bow <that is capable of shooting a hunting arrow
equipped with a broadhead hunting point for a distance of 130
yards>.
SECTION 84. Sections 62.014(b), (c), and (d), Parks and
Wildlife Code, are amended to read as follows:
(b) The department may establish and administer a statewide
hunter education program. The program must include but is not
limited to instruction concerning:
(1) the safe handling and use of firearms, <and>
archery equipment, and crossbows;
(2) wildlife conservation and management;
(3) hunting laws and applicable rules and regulations;
and
(4) hunting safety and ethics, including landowners'
rights.
(c) The department shall issue a certificate to a person who
has successfully completed a hunter education course. The
department shall prescribe the form of the certificate.
(d) If funds are available for its implementation the
commission may establish a mandatory hunter education program and
may require a person to have successfully completed a training
course before the person may hunt with firearms, <or> archery
equipment as defined in Subsection (a) of this section, or
crossbows in Texas. If the certificate is so required, the person
must possess the certificate or other evidence of completion of the
program while hunting with firearms, <or> archery equipment as
defined in Subsection (a) of this section, or crossbows. The
commission may provide that residents or nonresidents who have
successfully completed the same or a comparable hunter education
course and possess a certificate or other evidence of completion
have satisfied the requirements imposed under this subsection. The
commission may establish a minimum age for participation in the
program. Those persons who cannot participate in the hunter
education program because they do not meet the minimum age or other
requirements established by the commission can only hunt with
firearms, <or> archery equipment as defined in Subsection (a) of
this section, or crossbows in Texas if they are accompanied by a
person who is 17 years of age or older and licensed to hunt in
Texas. Additionally, a person under 17 years of age hunting with a
person licensed to hunt in Texas who is 17 years of age or older is
not required to have certification under this Act.
The commission may implement the program by age group.
Persons who are 17 years of age or older on September 1, 1988, or
on the date on which a mandatory hunter education course is
implemented, whichever is later, are exempt from the requirements
imposed under this subsection.
The department is responsible for offering mandatory hunter
education courses that are accessible to those persons required to
take this course. To this end, the department shall provide hunter
education opportunities in each county of the state when a
substantial number of residents request a class or at least once a
year.
SECTION 85. Section 62.021, Parks and Wildlife Code, is
amended to read as follows:
Sec. 62.021. SALE OR PURCHASE OF CERTAIN GAME. (a) Except
as provided by Subsection (c), no <No> person may sell, offer for
sale, purchase, offer to purchase, or possess after purchase a wild
bird, <wild> game bird, or <wild> game animal, dead or alive, or
part of the bird or animal.
(b) This section applies only to a bird or animal protected
by this code without regard to whether the bird or animal is taken
or killed in this state.
(c) This section does not prohibit the sale of:
(1) a live game animal, a dead or live game bird, or
the feathers of a game bird if the sale is conducted under
authority of a license or permit issued under this code; or
(2) an inedible part, including the hide, antlers,
bones, hooves, or sinew of a deer. <Subsection (a) of this section
does not apply to deer hides.>
<(d) The commission by proclamation shall authorize and
regulate the sale, purchase, and possession after purchase of deer
antlers.>
SECTION 86. Section 62.029, Parks and Wildlife Code, is
amended to read as follows:
Sec. 62.029. RECORDS OF GAME IN COLD STORAGE OR PROCESSING
FACILITY. (a) As used in this section, "cold storage or processing
facility" has the meaning assigned by Section 42.001 <a "public
cold storage plant" is any plant in which game is stored for a
person other than the owner of the plant>.
(b) The owner, <or> operator, or lessee of a <public> cold
storage or processing facility <plant> shall maintain a book
containing a record of:
(1) the name, address, and hunting license number of
each person who killed <placing> a game bird or game animal that is
placed in the facility <storage>;
(2) the name and address of each person who places a
game bird or game animal in the facility, if different from the
person who killed the bird or animal;
(3) the number and kind of game birds or game animals
placed in the facility <storage>; and
(4) <(3)> the date on which each game bird or game
animal is placed in the facility <storage>.
(c) The owner, operator, or lessee shall enter all
information into the book as required by this section before
placing in storage or processing any game animal or game bird.
(d) The cold storage or processing facility record book
shall be kept at the facility and <by the owner or operator of a
public cold storage plant> may be inspected by an authorized
employee of the department during business hours or at any other
reasonable time.
(e) Each cold storage or processing facility record book
shall be kept at the facility until the first anniversary of the
date of the last entry in the book.
SECTION 87. Section 62.030, Parks and Wildlife Code, is
amended to read as follows:
Sec. 62.030. POSSESSION OF GAME IN COLD STORAGE OR
PROCESSING FACILITY. A person may place and maintain, or possess,
in a cold storage or processing facility <public or private storage
plant, refrigerator, or locker> lawfully <taken or> killed game
birds and <,> game animals<, waterfowl, or migratory waterfowl> not
in excess of the number permitted to be possessed by law.
SECTION 88. Section 62.031, Parks and Wildlife Code, is
amended to read as follows:
Sec. 62.031. INSPECTIONS OF <STORAGE> FACILITIES. (a)
Authorized employees of the department may enter and inspect a
<public> cold storage or processing facility <plant> or other
place, including taxidermist shops and tanneries, where protected
wildlife are stored.
(b) In this section "protected wildlife" means game animals,
<and> game birds, <and> nongame animals, and nongame birds that
are the subject of any protective law or regulation of this state
or the United States.
(c) Inspections under this section may be made during normal
business hours or at any other reasonable time <when the facilities
are open to the public generally but may include areas within a
facility not generally open to the public>.
SECTION 89. Section 62.082, Parks and Wildlife Code, is
amended to read as follows:
Sec. 62.082. TARGET RANGES AND MANAGED HUNTS. (a) The Board
of Directors of the Lower Colorado River Authority may lease river
authority land to be used on a nonprofit basis for a target rifle
or archery range <only and not for hunting>.
(b) A member of the boy scouts or the girl scouts or other
nonprofit public service group or organization may possess and
shoot a firearm, bow, and crossbow for target or instructional
purposes under the supervision of a qualified instructor registered
with and approved by the Lower Colorado River Authority on ranges
designated by the Lower Colorado River Authority. <This subsection
does not permit hunting by any person.>
(c) The Board of Directors of the Lower Colorado River
Authority may authorize lawful hunting on Lower Colorado River
Authority lands, consistent with sound biological management
practices.
(d) Section 62.081 does not apply to an employee of the
Lower Colorado River Authority, a person authorized to hunt under
Subsection (c), or a peace officer as defined by Article 2.12, Code
of Criminal Procedure.
SECTION 90. Subchapter A, Chapter 63, Parks and Wildlife
Code, is amended by adding Section 63.002 to read as follows:
Sec. 63.002. POSSESSION OF LIVE GAME ANIMALS. No person may
possess a live game animal in this state for any purpose not
authorized by this code.
SECTION 91. Section 64.002, Parks and Wildlife Code, is
amended to read as follows:
Sec. 64.002. PROTECTION OF NONGAME BIRDS. (a) Except as
provided by <in this section, Chapter 67, or Section 12.013 of>
this code, no person may:
(1) catch, kill, injure, pursue, or possess, dead or
alive, or purchase, sell, expose for sale, transport, ship, or
receive or deliver for transportation, a bird that is not a game
bird;
(2) possess any part of the plumage, skin, or body of
a bird that is not a game bird; or
(3) disturb or destroy the eggs, nest, or young of a
bird that is not a game bird.
(b) European starlings, English sparrows, and <grackles,
ravens, red-winged blackbirds, cowbirds,> feral rock doves (Columba
livia)<, and crows> may be killed at any time and their nests or
eggs may be destroyed.
(c) A permit is not required to control yellow-headed,
red-winged, rusty, or Brewer's blackbirds or all grackles,
cowbirds, crows, or magpies when found committing or about to
commit depredations on ornamental or shade trees, agricultural
crops, livestock, or wildlife, or when concentrated in numbers and
in a manner that constitutes a health hazard or other nuisance.
(d) Canaries, parrots, and other exotic nongame birds may be
sold, purchased, and kept as domestic pets.
SECTION 92. Subchapter A, Chapter 64, Parks and Wildlife
Code, is amended by adding Section 64.007 to read as follows:
Sec. 64.007. POSSESSION OF LIVE GAME BIRDS. No person may
possess a live game bird in this state except as authorized by this
code.
SECTION 93. Section 64.022, Parks and Wildlife Code, is
amended to read as follows:
Sec. 64.022. AUTHORITY OF COMMISSION <DEPARTMENT>. The
commission <department> shall provide the open season<,> and means,
methods, and devices for the hunting <taking> and possessing of
migratory game birds and may delegate that authority to the
executive director.
SECTION 94. Sections 64.024(b) and (c), Parks and Wildlife
Code, are amended to read as follows:
(b) <A regulation issued by the department must be
incorporated in the minutes of the meeting at which it was adopted,
and a copy of the regulation must be filed with the secretary of
state and each county clerk and county attorney.>
<(c)> The commission may adopt an emergency regulation
governing the hunting <taking> or possession of migratory game
birds if the commission finds that an emergency condition affecting
the supply or condition of migratory game birds exists.
SECTION 95. Section 64.026, Parks and Wildlife Code, is
amended to read as follows:
Sec. 64.026. PROHIBITED ACTS. No person may hunt or possess
a migratory game bird by any means or method <or device> except as
provided by regulation issued under this code <subchapter>.
SECTION 96. Section 65.001, Parks and Wildlife Code, is
amended to read as follows:
Sec. 65.001. DEFINITIONS. In this chapter:
(1) "Alligator" means a living or dead American
alligator (Alligator mississippiensis).
(2) <"Alligator buyer" means a person who buys
alligators, alligator hides, or any part of an alligator.>
<(3)> "Alligator hunter" means a person who takes an
alligator, an alligator egg, <dead or live alligators> or any part
of an alligator.
(3) <(4)> "Possess" means the act of having in
possession or control, keeping, detaining, restraining, or holding
as owner or as agent, bailee, or custodian for another.
(4) <(5)> "Take" means the act of hooking, netting,
snaring, trapping, pursuing, shooting, killing, <or> capturing, or
collecting by any means or device and includes the attempt to take
by the use of any method.
(5) <(6)> "Resident" means an individual who has
resided continuously in this state during the <for more than> six
months preceding the individual's application <immediately before
applying> for any <an alligator hunter's or alligator buyer's>
license or permit issued under this chapter.
(6) <(7)> "Nonresident" means an individual who is not
a resident.
SECTION 97. Section 65.003, Parks and Wildlife Code, is
amended to read as follows:
Sec. 65.003. REGULATIONS. (a) The commission may regulate
by proclamation the taking, possession, propagation,
transportation, exportation, importation, sale, and offering for
sale of alligators, alligator eggs, or any part of an alligator
that the commission considers necessary to manage this species.
(b) The regulations of the commission under this chapter may
provide for:
(1) permit application forms, fees, and procedures;
(2) hearing procedures;
(3) the periods of time when it is lawful to take,
possess, sell, or purchase alligators, alligator hides, alligator
eggs, or any part of an alligator; <and>
(4) limits, size, means, methods, <manner,> and places
in which it is lawful to take or possess alligators, alligator
hides, alligator eggs, or any part of an alligator; and
(5) control of nuisance alligators.
SECTION 98. Section 65.005, Parks and Wildlife Code, is
amended to read as follows:
Sec. 65.005. POSSESSION. <(a)> No person may take, sell,
purchase, or possess an alligator, <the egg of> an alligator egg,
or any part of an alligator in this state except as permitted by
the regulations of the commission.
<(b) This chapter does not prohibit consumers from
purchasing or possessing goods processed or manufactured from
alligators that have been taken in accordance with the law.>
SECTION 99. Section 65.006, Parks and Wildlife Code, is
amended to read as follows:
Sec. 65.006. LICENSE REQUIRED. (a) No person may take,
attempt to take, or possess<, or accompany another person who is
attempting to take> an alligator in this state <during the open
season established by the commission for taking alligators> unless
the person <he> has acquired and possesses an alligator hunter's
license.
(b) No <Except as provided by Section 65.005(b) of this
code, no> person for any purpose may possess, purchase, or possess
after purchase an alligator, an alligator hide, an alligator egg,
or any part of an alligator taken in this state unless:
(1) the person <he> has acquired and possesses a
permit issued by the department for that purpose; or
(2) a regulation of the commission otherwise allows
the possession or purchase without a permit <an alligator buyer's
license>.
SECTION 100. Section 65.007, Parks and Wildlife Code, is
amended to read as follows:
Sec. 65.007. LICENSE FEES. The fees for the licenses issued
under this chapter are in the following amounts or in amounts set
by the commission, whichever amounts are more:
(1) $25 for a resident alligator hunter's license; and
(2) <$150 for a resident alligator buyer's license;>
<(3)> $50 for a nonresident alligator hunter's
license<; and>
<(4) $300 for a nonresident alligator buyer's
license>.
SECTION 101. Section 66.002(a), Parks and Wildlife Code, is
amended to read as follows:
(a) No person may catch, take, or attempt to catch or take
any aquatic animal life <fish> by any means or method from <the use
of a net or seine or explosive or by poisoning, polluting,
muddying, ditching, or draining in> any privately owned waters
<lake, pool, or pond> without the consent of the landowner or the
landowner's agent <owner>.
SECTION 102. Section 66.003(b), Parks and Wildlife Code, is
amended to read as follows:
(b) Subsection (a) of this section does not apply to the use
of explosives necessary for construction purposes when the use is
authorized in writing by the department <county judge of the county
where the work is to be done>.
SECTION 103. Section 66.014(a), Parks and Wildlife Code, is
amended to read as follows:
(a) No person may transport any aquatic product for
commercial purposes unless the person clearly identifies the motor
vehicle, trailer, or semitrailer as a vehicle that carries aquatic
products. The commission shall prescribe by proclamation the
identification requirements for a motor vehicle, trailer, or
semitrailer transporting aquatic products, and the commission may
prescribe that the identification shall list the state of origin of
the aquatic products. In this subsection, "motor vehicle,"
"trailer," and "semitrailer" <"semitrailer,"> have the meanings
assigned <meaning given those terms> by Section 541.201,
Transportation Code <the Uniform Act Regulating Traffic on Highways
(Article 6701d, Vernon's Texas Civil Statutes)>.
SECTION 104. Section 66.015(d), Parks and Wildlife Code, is
amended to read as follows:
(d) Subsection (b) of this <This> section does not apply to
native, nongame fish as defined by the commission, except in waters
designated by the commission where threatened or endangered fish
are present.
SECTION 105. Section 66.109(a), Parks and Wildlife Code, is
amended to read as follows:
(a) The department <commissioners court of each county>, by
written order, may require the owner of a public or private dam or
other obstruction on a regularly flowing public freshwater stream
to construct or repair fishways or fish ladders sufficient to allow
fish in all seasons to ascend or descend the dam or other
obstruction for the purpose of depositing spawn.
SECTION 106. Section 66.2011, Parks and Wildlife Code, is
amended to read as follows:
Sec. 66.2011. RED DRUM AND SPECKLED SEA TROUT: PENALTIES
<DAILY CATCH AND RETENTION LIMITS>. <(a) No person may:>
<(1) catch and retain in one day more than 10 red
drum;>
<(2) possess at one time more than 20 red drum;>
<(3) possess at one time more than two red drum longer
than 35 inches; or>
<(4) catch and retain a red drum shorter than 14
inches.>
<(b) No person may:>
<(1) catch and retain in one day more than 20 speckled
sea trout;>
<(2) possess at one time more than 40 speckled sea
trout; or>
<(3) catch and retain a speckled sea trout shorter
than 12 inches.>
<(c) Daily catch, retention, and size limits for redfish and
speckled sea trout set by the commission under the Wildlife
Conservation Act of 1983 (Chapter 61 of this code) prevail over the
limits under this section. If the commission does not set catch,
retention, and size limits for redfish and speckled sea trout under
the conservation Act, this section applies.>
<(d)> In addition to the penalty provided in Section 66.218
<of this code>, a person who violates <this section or> a
proclamation issued under <this section or under> Chapter 61 shall
have all equipment, other than vessels, in the person's <his>
possession used for the taking of red drum or speckled sea trout
confiscated. A person who violates <this section or> a
proclamation issued under <this section or under> Chapter 61 three
or more times within a five-year period shall have all equipment,
including vessels, in the person's <his> possession used for the
taking of redfish or speckled sea trout confiscated.
SECTION 107. Sections 66.2012(d)-(f), Parks and Wildlife
Code, are amended to read as follows:
(d) A proclamation of the commission under this section
prevails over any conflicting provision of Section 66.020 <Sections
66.201 and 66.2011 of this code> to the extent of the conflict and
only during the period that the proclamation is in effect.
(e) This section does not apply to activities that are
regulated under the exceptions provided by Subdivisions (1), (2),
and (3) of Section 66.020(b) <66.201(e) of this code> or under
Subsections (f) and (g) of that section.
(f) A person who violates a proclamation issued under
Subsection (a) <of this section> is guilty of an offense and is
punishable for the first and subsequent offenses by the penalties
prescribed by Sections 66.2011 <66.2011(d)> and 66.218 <of this
code>.
SECTION 108. Section 67.001, Parks and Wildlife Code, is
amended to read as follows:
Sec. 67.001. DEFINITION<; REGULATIONS>. <(a)> In this
chapter, "nongame" means those species of vertebrate and
invertebrate wildlife indigenous to Texas<, and elk east of the
Pecos,> that are not classified as game animals, game birds, game
fish, fur-bearing animals, endangered species, alligators, marine
penaeid shrimp, or oysters.
<(b) The commission by regulation shall establish any
limitations on the taking, possession, transportation, exportation,
sale, and offering for sale of nongame fish and wildlife that the
department considers necessary to manage these species.>
SECTION 109. Section 67.004, Parks and Wildlife Code, is
amended to read as follows:
Sec. 67.004. ISSUANCE OF REGULATIONS. (a) The commission by
regulation shall establish any limits on the taking, possession,
propagation, transportation, importation, exportation, sale, or
offering for sale of nongame fish or wildlife that the department
considers necessary to manage the species.
(b) The regulations shall state the name of the species or
subspecies, by common and scientific name, that the department
determines to be in need of management under this chapter.
<(b) The department shall conduct a public hearing on all
proposed regulations and shall publish notice of the hearing in at
least three major newspapers of general circulation in this state
at least one week before the date of the hearing.>
<(c) The department shall solicit comments on the proposed
regulations at the public hearing and by other means.>
<(d) On the basis of the information received at the hearing
or by other means, the department may modify a proposed regulation.>
<(e) Regulations become effective 60 days after the date
they are proposed unless withdrawn by the department.>
SECTION 110. Section 67.0041, Parks and Wildlife Code, is
amended to read as follows:
Sec. 67.0041. REGULATIONS AND PERMITS. (a) The department
may issue permits for the taking, possession, propagation,
transportation, sale, importation, or exportation of a nongame
species of fish or wildlife if necessary to properly manage that
species.
(b) The department may charge a fee for a permit issued
under this section <for a commercial activity>. The fee shall be
set by the commission.
SECTION 111. Sections 68.014 and 68.015, Parks and Wildlife
Code, are amended to read as follows:
Sec. 68.014. REGULATIONS. The department shall make
regulations necessary to administer the provisions of this chapter
and to attain its objectives, including regulations to govern:
(1) permit application forms, fees, and procedures;
(2) hearing procedures;
(3) procedures for identifying endangered fish and
wildlife or goods made from endangered fish or wildlife which may
be possessed, propagated, or sold under this chapter; <and>
(4) publication and distribution of lists of species
and subspecies of endangered fish or wildlife and their products;
and
(5) limitations on the capture, trapping, taking, or
killing, or attempting to capture, trap, take, or kill, and the
possession, transportation, exportation, sale, and offering for
sale of endangered species.
Sec. 68.015. PROHIBITED ACTS. (a) No person may capture,
trap, take, or kill, or attempt to capture, trap, take, or kill,
endangered fish or wildlife.
(b) No person may possess, sell, distribute, or offer or
advertise for sale endangered fish or wildlife unless the fish or
wildlife have been lawfully born and raised in captivity for
commercial purposes under the provisions of this chapter.
(c) <(b)> No person may possess, sell, distribute, or offer
or advertise for sale any goods made from endangered fish or
wildlife unless:
(1) the goods were made from fish or wildlife that
were born and raised in captivity for commercial purposes under the
provisions of this chapter; or
(2) the goods were made from fish or wildlife lawfully
taken in another state and the person presents documented evidence
to the department to substantiate that fact.
(d) <(c)> No person may sell, advertise, or offer for sale
any species of fish or wildlife not classified as endangered under
the name of any endangered fish or wildlife.
SECTION 112. Sections 71.005(b)-(d), Parks and Wildlife
Code, are amended to read as follows:
(b) Except as provided by commission regulation, no <No>
person may purchase, <or> possess after purchase, or transport for
commercial purposes a pelt or carcass taken in this state unless
the person <he> has acquired and possesses a retail fur buyer's or
wholesale fur dealer's license.
(c) No person may capture <take> or possess a live
fur-bearing animal for any <the> purpose, except as otherwise
authorized by this code, <of propagation or sale> unless he has
acquired and possesses a fur-bearing animal propagation license.
(d) A person who possesses a hunting license <and is engaged
in a lawful hunting activity for any species other than fur-bearing
animals> may take and possess a fur-bearing animal if:
(1) neither the fur-bearing animal nor any part of
that animal is taken for the purpose of sale, barter, or exchange;
and
(2) the number of fur-bearing animals taken does not
exceed the daily bag limit or possession limit set by commission
regulation.
SECTION 113. Section 76.1031(b), Parks and Wildlife Code, is
amended to read as follows:
(b) All licenses issued under the authority of this chapter
<Chapter 76 of this code> may not be transferred to another person
or vessel except as provided by this subsection. A license issued
under the authority of Section 76.101(c) may be transferred to
another vessel or to a new owner of the same vessel. The
commission, by regulation, may prescribe requirements necessary to
clarify license transfer procedures and may prescribe, by
regulation, forms to be used and fees to be charged for transfer of
licenses in this chapter and for duplicate license plates or
duplicate or replacement licenses.
SECTION 114. Section 76.116, Parks and Wildlife Code, is
amended to read as follows:
Sec. 76.116. OYSTERS FROM RESTRICTED <POLLUTED> AREAS.
(a) There is no open season for taking oysters from areas closed
<declared to be polluted> by the Texas <State> Department of
Health<, and a person who takes oysters from such an area violates
Section 76.108(a) of this code>.
(b) The department may authorize by permit the transplanting
of oysters from restricted areas or other areas designated by the
department <polluted areas> to private oyster leases.
(c) A person removing oysters from a restricted area or
other area designated by the department <polluted areas> without a
permit shall replace the oysters in the beds from which they were
taken as directed by authorized employees of the department.
SECTION 115. Section 77.020, Parks and Wildlife Code, is
amended to read as follows:
Sec. 77.020. PENALTY. (a) A person who violates a provision
of this chapter except Section 77.024 or 77.061(a)(1) or who
violates a regulation adopted under this chapter <of this code>
commits an offense that is a Class C Parks and Wildlife Code
misdemeanor.
(b) If it is shown at the trial of the defendant that the
person <he> has been convicted once within five years before the
trial date of a violation of a provision of this chapter except
Section 77.024 or 77.061(a)(1) <of this code>, or of a regulation
adopted under this chapter, the person <he> is guilty of a Class B
Parks and Wildlife Code misdemeanor.
(c) If it is shown at the trial of the defendant that the
person <he> has been convicted two or more times within five years
before the trial date of a violation of a provision of this
chapter except Section 77.024 or 77.061(a)(1) <of this code>, or of
a regulation adopted under this chapter, the person <he> is guilty
of a Class A Parks and Wildlife Code misdemeanor.
SECTION 116. Section 77.0361, Parks and Wildlife Code, is
amended by amending Subsection (b) and adding Subsection (c) to
read as follows:
(b) All licenses issued under the authority of this chapter
<Chapter 77 of this code> may not be transferred to another person
or vessel except as provided by Subsection (c) <this subsection> or
by Section 77.113. A license issued under the authority of
Section 77.043 in the name of a business remains valid for the
business location specified on the license if a change of ownership
or business name occurs. A license issued under the authority of
Section 77.035 may be transferred to another vessel or to the new
owner of the same vessel.
(c) The commission, by regulation <rule>, may prescribe
requirements necessary for license transfers and may prescribe, by
regulation <rule>, forms to be used and fees to be charged for
transfers of licenses in this chapter, <and> for duplicate license
plates, or for <and/or> duplicate or replacement licenses.
SECTION 117. Section 77.037, Parks and Wildlife Code, is
amended to read as follows:
Sec. 77.037. TRANSFER OF LICENSE. A commercial gulf shrimp
boat license issued under this subchapter may be transferred on the
application of the licensee from a boat that has been destroyed or
lost to a boat acquired by the licensee as a replacement. The
commission, by regulation, may prescribe requirements necessary to
clarify license transfer procedures and may prescribe, by
regulation, forms to be used and fees to be charged for transfer of
licenses authorized by this subsection.
SECTION 118. Section 77.044(b), Parks and Wildlife Code, is
amended to read as follows:
(b) A bait-shrimp dealer's license may not be held by a
person who also holds a wholesale fish dealer's <shrimp house
operator's> license.
SECTION 119. The heading to Subchapter E, Chapter 81, Parks
and Wildlife Code, is amended to read as follows:
SUBCHAPTER E. WILDLIFE MANAGEMENT AREAS AND PUBLIC HUNTING LANDS
SECTION 120. Section 81.402, Parks and Wildlife Code, is
amended to read as follows:
Sec. 81.402. REGULATION OF HUNTING AND FISHING. (a) The
executive director <department> may prohibit hunting and fishing in
wildlife <game> management areas or public hunting lands to protect
any species of wildlife or fish.
(b) <The department from time to time, as sound biological
management permits, and until August 31, 1995, may allow open
seasons for hunting and fishing.>
<(c)> During an open season in wildlife management areas or
public hunting lands, the executive director <department> may
prescribe the number, kind, sex, and size of game or fish that may
be taken.
(c) <(d)> The executive director <department> may prescribe
the means, methods, and conditions for the taking of game or fish
during an open season in wildlife management areas or public
hunting lands.
(d) As <(e) After August 31, 1995, and as> sound biological
management permits, the commission may <only> prescribe an open
season for hunting after it has established a classification system
for such areas in accordance with Section 13.001(b) <of this code>.
SECTION 121. Section 81.403, Parks and Wildlife Code, is
amended by amending Subsection (a) and adding Subsection (e) to
read as follows:
(a) Except as provided in Subsections <Subsection> (b) and
(e) <of this section>, permits for hunting of wildlife or for any
other use in wildlife <on game> management areas shall be issued
by the department to applicants by means of a fair method of
distribution subject to limitations on the maximum number of
permits to be issued.
(e) The department may authorize and accept multiple
applications for special hunting permits, programs, packages, or
events.
SECTION 122. Subchapter B, Chapter 1, Parks and Wildlife
Code, is amended by adding Section 1.013 to read as follows:
Sec. 1.013. FENCES. This code does not prohibit or restrict
the owner or occupant of land from constructing or maintaining a
fence of any height on the land owned or occupied, and an owner or
occupant who constructs such a fence is not liable for the
restriction of the movement of wild animals by the fence. The
existence of a fence does not affect the status of wild animals as
property of the people of this state.
SECTION 123. Section 47.02(c), Penal Code, is amended to
read as follows:
(c) It is a defense to prosecution under this section that
the actor reasonably believed that the conduct:
(1) was permitted under the Bingo Enabling Act
(Article 179d, Vernon's Texas Civil Statutes);
(2) was permitted under the Charitable Raffle Enabling
Act (Article 179f, Revised Statutes);
(3) consisted entirely of participation in the state
lottery authorized by the State Lottery Act (Chapter 466,
Government Code);
(4) was permitted under the Texas Racing Act (Article
179e, Vernon's Texas Civil Statutes); or
(5) consisted entirely of participation in a drawing
for the opportunity to participate in a hunting, fishing, or other
recreational event conducted by <privileges authorized under> the
Parks and Wildlife Department <Code>.
SECTION 124. The following provisions of the Parks and
Wildlife Code are repealed: Sections 11.0161(b), 12.004(a), 12.007,
12.012, 12.014, 12.016, 12.022, 12.023, 12.111, 13.0011, 13.0012,
and 13.111; Subchapter E, Chapter 23; Sections 41.001, 41.002,
41.007, 43.046, 43.048, 43.0485, 43.0761, 43.0765, 44.0135, 46.107,
47.036, 49.004, 49.0045, 49.0047, 49.005-49.009, 49.013, 61.004,
61.105, 61.203, 62.027, 62.028, 66.112, 66.302, 76.010, 76.011,
76.013, 76.014, 76.018, 76.034, 76.105, 76.108, 76.110, 76.111,
76.112(a), 76.113, 77.001(9), 77.005, 77.012, 77.013,
77.016-77.019, 77.038, 77.041, 77.042, 77.047, 77.063(a),
77.064-77.070; Subchapter E, Chapter 77; Sections 81.002 and
81.201-81.205; Subchapter A, Chapter 82; Subchapter A, Chapter
114; Subchapter A, Chapter 130; Subchapter A, Chapter 131;
Subchapter A, Chapter 134; Subchapter A, Chapter 136; Subchapter A,
Chapter 143; Subchapter A, Chapter 192; Subchapter A, Chapter 202;
Subchapter A, Chapter 216; Subchapters A and B, Chapter 223;
Section 223.022; Subchapter A, Chapter 237; Subchapters A and D,
Chapter 246; Subchapter A, Chapter 258; Subchapter A, Chapter 272;
Subchapter A, Chapter 283; Section 355.003; and Chapters 101-113,
115-129, 132, 133, 135, 137-142, 144-191, 193-201, 203-215,
217-222, 224-236, 238-245, 247-257, 259-271, 273-282, and 284-354.
SECTION 125. This Act takes effect September 1, 1997.
SECTION 126. (a) A change in law made by this Act that
relates to an offense or penalty applies only to an offense
committed on or after September 1, 1997. For purposes of this
section, an offense is committed before September 1, 1997, if any
element of the offense occurs before that date.
(b) An offense committed before September 1, 1997, is
covered by the law in effect when the offense was committed, and
the former law is continued in effect for that purpose.
SECTION 127. A rule adopted by the Parks and Wildlife
Commission before September 1, 1997, is not invalid because the
rule conflicts with a provision of the Parks and Wildlife Code that
was in effect at the time the rule was adopted and that is repealed
by this Act. A rule adopted before September 1, 1997, that
conflicts with a provision in effect at the time the rule was
adopted and repealed by this Act may not take effect before
September 1, 1997.
SECTION 128. The importance of this legislation and the
crowded condition of the calendars in both houses create an
emergency and an imperative public necessity that the
constitutional rule requiring bills to be read on three several
days in each house be suspended, and this rule is hereby
suspended.