PUC C.S.H.B. 2542 75(R)BILL ANALYSIS STATE RECREATIONAL RESOURCES C.S.H.B. 2542 By: Kuempel 4-14-97 Committee Report (Substituted) BACKGROUND During the legislative interim, the State Recreational Resources Committee received a charge from the House Speaker to "Review statutes in the Parks and Wildlife Code and recommend changes to those that require burdensome regulations." This study was a complementary effort to that being conducted by the Parks and Wildlife Commission wherein all the agency's regulations were "sunsetted" and required review and reenactment. Under this administrative process the agency was able to reduce the volume of regulations by approximately 30%. The State Recreational Resources Committee published the findings of its study in its Interim Report to the 75th Legislature dated December 1996. This legislation reflects the findings of the committee during the interim study and its recommendations for amendments and repeal of elements of the Parks and Wildlife Code to meet the objectives of the study. PURPOSE This legislation proposes to amend and repeal portions of the Parks and Wildlife Code to reach the objectives of the interim charge to the State Recreational Resources Committee to remove those statutes that require burdensome regulations. In this process, efforts have also been made to simplify, clarify, and update the statutes concerning the management of parks and wildlife resources. RULEMAKING AUTHORITY It is the committee's opinion that additional rulemaking authority is granted to the Parks and Wildlife Commission in SECTION 4 [Sec. 11.027(e)], SECTION 28 [Sec. 42.018(a)], SECTION 29 [Sec. 42.0185(a)], SECTION 46 [Sec. 47.004(c)], and SECTION 59 [Sec. 49.011(c)] and SECTION 100 [Sec. 67.004(a)]. SECTION 60 (Sec. 49.014) expands the Texas Parks and Wildlife Department's current rulemaking authority. SECTION 5 gives the Texas Parks and Wildlife Department the authority to conduct a drawing for a special fishing or outdoor event and to set the application fee for this opportunity. SECTION 70 allows the Parks and Wildlife Commission to establish special youth hunting and fishing seasons or harvesting opportunities. SECTION 87 allows the Parks and Wildlife Commission to regulate and manage alligators to include alligator eggs. SECTION 93 allows the Parks and Wildlife Commission to be the permitting party for using explosives in public waters for the taking of constructing materials. SECTION 96 allows the Parks and Wildlife Commission to direct the requirement for fish ladders or fishways on public waters. SECTION BY SECTION ANALYSIS SECTION 1. Amends Section 1.012, Parks and Wildlife Code, by substituting the word "public" for the word "private" in the section title and clarifying that the waters being referred to are "public" freshwater of the state. SECTION 2. Amends Section 1.101 (1), Parks and Wildlife Code, by changing the definition of "hunt" to mean: capture, trap, take, or kill, or an attempt to capture, trap, take or kill. SECTION 3. Amends Subchapter B, Chapter 11, Parks and Wildlife Code, by adding Section 11.0181. This section establishes an education and outreach role for department employees and allows money from any of the department's special accounts to be used to pay for these functions. SECTION 4. Amends Section 11.027, Parks and Wildlife Code, by adding Subsection (e). Subsection (e) allows the commission to establish fees for entering, reserving or using department owned property or facilities. SECTION 5. Amends Subchapter B, Chapter 11, Parks and Wildlife Code, by adding Section 11.0272, to provide the department specific authority to conduct drawings for special fishing events and to charge a fee for these drawings. Provides that funds collected go to pay for the costs of operating the drawings and management and restoration of the specific, designated fishery resources. SECTION 6. Amends Section 11.033, Parks and Wildlife Code, to remove the use of the money in the Game, Fish, and Water Safety Account for the construction and maintenance of artificial reefs. This is now accomplished by the Artificial Reef Account. SECTION 7. Amends Section 12.010, Parks and Wildlife Code, to clarify the department's activities in the noxious vegetation program area. SECTION 8. Amends Section 12.013, Parks and Wildlife Code, to allow an employee of the department, when acting within the scope of his/her authority, to take, transport, release, and manage wildlife and fish for educational purposes. SECTION 9. Amends Section 12.114 (b) and (c), Parks and Wildlife Code, to include the correct statutory cite for defining "driver's license" and "personal identification certificate". SECTION 10. Amends Section 12.404, Parks and Wildlife Code, to provide a penalty for a Texas Parks and Wildlife Code Class A misdemeanor to be consistent with the penalty provided for in the Texas Penal Code. SECTION 11. Amends Section 12.405, Parks and Wildlife Code, to provide a penalty for a Texas Parks and Wildlife Code Class B misdemeanor to be consistent with the penalty provided for in the Texas Penal Code. SECTION 12. Amends Section 12.407, Parks and Wildlife Code, to provide a penalty for a Texas Parks and Wildlife Code felony to be consistent with the penalty provided for in the Texas Penal Code. SECTION 13. Amends Section 12.409, Parks and Wildlife Code, to include "export" in the list of separate offenses for each individual wildlife resource. SECTION 14. Amends Section 12.505, Parks and Wildlife Code, to provide that an offense is punishable as a Class A misdemeanor for engaging in an activity which requires a permit or license when such permit or license has been suspended or revoked. SECTION 15. Amends Section 13.001(b), Parks and Wildlife Code, to change terminology used in the public lands classification system, deleting the word "game" in "game management areas" and changing it to the word "wildlife" for wildlife management areas. SECTION 16. Amends Section 13.016(b), Parks and Wildlife Code, to change the area were inmate labor can be utilized from "state parks" to any lands under the department's control or jurisdiction and conforms the name of the agency in charge of inmates to its current name. SECTION 17. Amends Section 13.019, Parks and Wildlife Code, to include the term "facility" in the list of park accommodations to be reserved and eliminates the time for required cancellation of reservations and prohibition of charging an advanced user fee. SECTION 18. Amends the heading to Chapter 23 to add the word "NATIONAL" so that it reads "NATIONAL SEASHORES," and deletes the word "FORESTS" from this title and adds the words "OTHER FEDERAL LANDS" in order to clarify reference to content in this section. SECTION 19. Amends Subchapter D, Chapter 23, Parks and Wildlife Code, to delete specific references to "DAVY CROCKETT NATIONAL FOREST" and adding the words "FEDERAL LANDS." The words "on federal lands in the state," provide a general reference to lands on which the Department has entered into an agreement with the proper federal agency to conduct wildlife management on federal properties. References to limitations on time periods, acreage, and natural boundary designations are also deleted from this section. Section 23.042 is changed to include the word "RESOURCES" in the title for the definition of wildlife resources and the definition is changed to include all wildlife and aquatic animal life. Section 23.043 for HUNTING AND FISHING REGULATIONS is changed to reflect references for new locations in the Code for Department authority in providing hunting and fishing on federal lands where the Department has entered into a wildlife management agreement. Section 23.044. PENALTY, is changed to include violations of the TPWD Code on federal land where the Department has a wildlife management agreement. SECTION 20. Amends Section 31.003(1) and 31.003(14), Parks and Wildlife Code, to change definitions of "boat" and "personal watercraft." The change in the "boat" definition will mean that boats not more than 65 feet in length and manufactured or used commercially would be subject to the 6 1/4 percent sales tax prescribed by Sections 160.001 and 160.021, of the Tax Code. SECTION 21. Amends Section 31.004, Parks and Wildlife Code, to expand the applicability of Chapter 31 to all vessels on public water. SECTION 22. Amends Section 31.021(b), Parks and Wildlife Code, to require vessels that are docked, moored, or stored on public waters to have a current registration. SECTION 23. Amends Section 31.129(a), Parks and Wildlife Code, to update the name of the state agency in charge of promulgating rules on disposal of sewage from boats to the Texas Natural Resource Conservation Commission. SECTION 24. Amends Section 41.003(b), Parks and Wildlife Code, to allow anglers who are properly licensed as nonresidents in Louisiana to fish the Texas side of border waters without a Texas nonresident license. SECTION 25. Amends Section 41.004, Parks and Wildlife Code, to conform implementation of the provisions for reciprocal agreements with other states to follow procedures of the Administrative Procedures Act. SECTION 26. Amends Section 41.006(c), Parks and Wildlife Code, to conform implementation of regulations for reciprocal agreements to be in accordance with provisions of the Administrative Procedures Act. SECTION 27. Amends Section 42.001, Parks and Wildlife Code, by changing the definition of "carcass" and "final destination"; and by adding new definitions for "final processing", "cold storage or processing facility", "wildlife resource document", and "quartering." SECTION 28. Amends Section 42.018 (a) and (c), Parks and Wildlife Code, and adds Subsections (d)-(g). (a) that no person can possess an untagged deer carcass or part of a carcass until reaching a final destination, except as provided in Subsection (d) or commission rule. (c) if the deer's head is severed, the tag must remain with the carcass. (d) if the deer is divided for distribution to other people, the tag will remain with the hunters portion and a wildlife resource document will accompany distributed portions. If the head is left with a taxidermist, then a wildlife resource document shall remain with the head until the head is delivered to the owner. (e) final deer processing can only occur at a final destination. (f) that a person can prepare and cook part of a deer before reaching a final destination. (g) that hunters do not need to tag or attach a wildlife resource document to a deer taken under a department approved wildlife management plan, if the commission authorizes. SECTION 29. Amends Section 42.0185, Parks and Wildlife Code, by amending Subsection (a) and adding Subsections (c) and (d). (a) that no person can possess an untagged turkey until reaching a final destination, except as provided by commission rule. (c) if the turkey is divided for distribution to other people, the tag will remain with the hunters portion and a wildlife resource document will accompany distributed portions. If the head is left with a taxidermist, then a wildlife resource document shall remain with the head until the head is delivered to the owner. (d) that a person can prepare and cook part of a turkey at a hunting lease or camp. SECTION 30. Amends Section 42.019, Parks and Wildlife Code. (a) that no person can possess an antelope carcass without a permit attached until reaching a final destination, except as provided in Subsection (c). (b) if the antelope's head is severed, the permit must remain with the carcass. (c) if the antelope is divided for distribution to other people, the permit will remain with the hunters portion and a wildlife resource document will accompany distributed portions. If the head is left with a taxidermist, then a wildlife resource document shall remain with the head until the head is delivered to the owner. (d) final antelope processing can only occur at a final destination. (e) that a person can prepare and cook part of an antelope before reaching a final destination. SECTION 31. Amends Section 43.0721, Parks and Wildlife Code, by amending Subsection (a) and adding Subsection (c). (a) that no person may release banded pen-reared birds under the authority of Subchapter F, Chapter 43 unless the person has a private bird hunting area license. (c) that a person holding a license issued under Subchapter F, does not need a hunting lease license as required under Subchapter D. SECTION 32. Amends Section 43.075(d), Parks and Wildlife Code, to provide that a band must remain attached to birds killed on a private bird hunting area until the birds reach a final destination, except the bands may be removed from birds, if the birds are placed in a container that bears the hunting area serial number and licensee name. SECTION 33. Amends Section 43.154(d), Parks and Wildlife Code, by deleting the requirement to obtain a state permit in addition to a federal permit to kill nuisance migratory game birds, and by deleting the language prohibiting the issuance of a permit to take endangered species. The amendment authorizes a person to kill any migratory bird protected by federal law, if the person has a permit issued by the United States Department of the Interior or United States Department of Agriculture. SECTION 34: Amends Section 43.201(a), Parks and Wildlife Code, to provide that no person may hunt deer (deletes reference to wild deer and bear) , turkey or javelina during an open archery season. Provides that during an open archery season crossbows used by hunters with upper limb disabilities, recurved bows, and compound bows may be used. SECTION 35: Amends Section 43.203, Parks and Wildlife Code, by deleting the reference to "wild" deer and "bear". SECTION 36. Amends Section 43.522(a), Parks and Wildlife Code, to remove the restriction that a conservation permit may not exceed the cost of a combination hunting and fishing license. SECTION 37. Amends Subchapter P, Chapter 43, Parks and Wildlife Code, by adding Section 43.555, to provide for an offense punishable as a Class C misdemeanor for a violation of this section on stocking fish. SECTION 38. Amends Section 44.012, Parks and Wildlife Code, by expanding the provisions of this section to cover sale, trade, transfer or shipment of any game animal held under the authority of a license issued under this subchapter, and prohibits the movement of a game animal under the authority of this subchapter into any county during an open season or ten days before the open season. SECTION 39. Amends Section 45.001, Parks and Wildlife Code, by providing a license requirement for game birds that are possessed in captivity for the purpose of propagation or sale. SECTION 40. Amends Section 45.003, Parks and Wildlife Code, to establish possession of a certain number of birds as the requirement for a game bird breeder's license rather than "engaging in a business". SECTION 41. Amends Section 45.006, Parks and Wildlife Code, to provide for a document, on which the identification number of the game bird breeder appears, to accompany the carcass or part of a carcass of a dead pen-raised game bird sold, offered for sale, or purchased in lieu of the carcass being stamped or marked with the identification number. SECTION 42. Amends Section 45.0061, Parks and Wildlife Code, by providing for a person in possession of a live game bird, and who is not required to possess a commercial game bird breeder's license, to furnish upon request of a game warden a receipt showing the name and street address of the person, and the name and street address of the source of any live game bird or part of a dead game bird in possession, as well as the date of sale and the species and number of live game birds or parts of dead game birds acquired. SECTION 43. Amends Section 45.009, Parks and Wildlife Code, by providing that a person owning or operating a business where food is sold for consumption may sell dead pen-raised game birds obtained from a legal source for consumption. SECTION 44. Amends Section 47.001, Parks and Wildlife Code, definitions as follows: (3) "Wholesale fish dealer": Amends to clarify intent and provide consistency with the language and intent of Sec. 77.001(10). (4) "Retail fish dealer": Amends to clarify activities conducted by retail fish dealers and clarify terms included in scope of consumer. (5) "Bait dealer": Amends to clarify definition as an individual or a place of business. (9) "Place of business": Amends to include the correct statutory cite for defining 'motor vehicle to be registered'. (16) "Aquatic product": Amends to clarify intent and to be consistent with other definitions of the same item. SECTION 45. Amends Section 47.003(d), Parks and Wildlife Code, to delete the 50 percent income requirement to be eligible for a commercial finfish fisherman's license. SECTION 46. Amends Section 47.004, Parks and Wildlife Code, by adding Subsection (c), which allows the commission to adopt rules governing the issuance and use of a fishing guide license. SECTION 47. Amends Section 47.009(c), Parks and Wildlife Code, to limit the exemption for having a wholesale fish dealer's license to residents who have an aquaculture license. SECTION 48. Amends Section 47.010, Parks and Wildlife Code, by establishing a subsection (a) and (b). Subsection (a) is current language. Subsection (b) provides that a resident who holds a fish farm vehicle license is not required to obtain a license for the vehicle under this section if the vehicle is used for the sale or transportation of only aquatic products. SECTION 49. Amends Section 47.011(c), Parks and Wildlife Code, to change fish farming license to an aquaculture license as it applies to a Texas aquaculture facility. Deletes "fish" and substitutes "aquatic product". SECTION 50. Amends Section 47.013 (c), Parks and Wildlife Code, provides that a resident who owns a vehicle license under Sec. 134.012, Agriculture Code, is not required to obtain a license under this section if the vehicle is used on a licensed Texas aquaculture facility. SECTION 51. Amends Section 47.014(a), Parks and Wildlife Code, to clarify the use of the bait dealer's license. Adds subsection (c) to provide that a person who has an aquaculture license for a Texas aquaculture facility is not required to obtain or posses a bait dealer's license if the person's business activities involve only aquatic products raised on the person's aquaculture facility. SECTION 52. Amends Section 47.018(a), Parks and Wildlife Code, to allow persons to bring aquatic products into Texas for bait purposes under a bait dealer's license as opposed to a wholesale or retail fish dealer's license. SECTION 53. Amends Section 47.0181(a), Parks and Wildlife Code, to allow for finfish to be listed on an aquatic products invoice by species and number or weight. SECTION 54. Amends Section 47.031(b), Parks and Wildlife Code, to allow for the transfer of licenses issued under the authority of Section 47.007. SECTION 55. Amends Section 49.001, Parks and Wildlife Code, by adding Subdivision (3) defining the term "falconry." SECTION 56. Amends Section 49.002, Parks and Wildlife Code, to clarify old language and to allow for the temporary possession and/or transportation through this state of raptors for falconry purposes. SECTION 57. Amends Section 49.003, Parks and Wildlife Code, to eliminate language specifying the qualifications for an apprentice falconer's permit and to explain the procedure for acquiring a Texas falconry permit when a falconer moves to Texas from another state. SECTION 58. Amends Section 49.010, Parks and Wildlife Code, to clarify the intent of the old language and to specify means by which a nonresident may hunt with raptors in this state. SECTION 59. Amends Section 49.011, Parks and Wildlife Code, to allow for the sale of captivebred raptors to falconers who are qualified (as prescribed by commission rule) to purchase such raptors. Qualified falconers would also be allowed to sell their captive-bred birds in this state. SECTION 60. Amends Section 49.014, Parks and Wildlife Code, to allow the department to prescribe rules for the taking, capture, possession, propagation, transportation, export, import, and sale of raptors in this state, as well as the locations for take or capture and the species of raptors which may be taken or captured. New language also allows for fees to be set by the commission for falconry, raptor propagation, and nonresident trapping permits. SECTION 61. Amends Section 61.003, Parks and Wildlife Code, to clarify that Chapter 61 applies to every county, place and wildlife resource in Texas except those specifically exempted in this code. SECTION 62. Amends Section 61.005, Parks and Wildlife Code, to remove the definitions of hunt, daily bag limit, and possession limit. Also, this section clarifies the definitions of wildlife resources to include all wild animals, wild birds, and aquatic animal life; of depletion to reductions from any cause; and of waste to mean the failure to provide for a regulated harvest when that harvest would allow, promote, or optimize a healthy and self-sustaining population of a species. SECTION 63. Amends Section 61.022, Parks and Wildlife Code, by providing that no person may hunt or catch by any means or method or possess a wildlife resource (wild animal, wild bird, or aquatic animal life) without landowner or landowner's agent's consent. SECTION 64. Amends Subchapter B, Chapter 61, Parks and Wildlife Code, by adding Section 61.023 which prohibits any person from applying a contraceptive to any vertebrate wildlife resource without written authorization from the department. SECTION 65. Amends Section 61.051, Parks and Wildlife Code, to clarify that this section refers only to game animals, game birds, and aquatic animal life. SECTION 66. Amends Section 61.052, Parks and Wildlife Code, to clarify that this section refers only to game animals, game birds, and aquatic animal life. SECTION 67. Amends Section 61.053, Parks and Wildlife Code, to clarify that this section refers only to game animals, game birds, and aquatic animal life. SECTION 68. Amends Section 61.054, Parks and Wildlife Code, to clarify that this section refers only to game animals, game birds, and aquatic animal life. SECTION 69. Amends Section 61.055 (a), Parks and Wildlife Code, to clarify that this section refers only to game animals, game birds, and aquatic animal life. Also, the term "take" is replaced by the term "hunt" which includes take, but is broadened to include the "attempt to take" as well. SECTION 70. Amends Subchapter C, Chapter 61, Parks and Wildlife Code, by adding Section 61.058. YOUTH HUNTING AND FISHING, to provide for special seasons for youth under 17 years of age to hunt. It also allows the commission to establish special means for taking and possessing aquatic animals by youth of the same age range. SECTION 71. Amends Section 61.101(a), Parks and Wildlife Code, to clarify where and when public hearings will be conducted to consider changes in this section and eliminates the requirement for a minimal of 5 public hearings for any issue considered under the authority of this Chapter. SECTION 72. Amends Section 61.205 (d), Parks and Wildlife Code, to clarify that the department has the authority to authorize the sale of a bighorn sheep hunting permit if the proceeds are used to restore, protect, or manage bighorn sheep. SECTION 73. Amends Section 62.005, Parks and Wildlife Code, to clarify that the prohibition against hunting with a light only applies to game animals or birds, and includes the headlights of a vehicle. SECTION 74. Amends Section 62.014(a)(2), Parks and Wildlife Code, to clarify the term "Archery Equipment." for the purpose of hunter education. Amends Section 62.014 (b)(1), and (d), Parks and Wildlife Code, to add crossbows as a separate category. SECTION 75. Amends Sec. 62.014(b), (c), and (d), Parks and Wildlife Code, to provide crossbows its own category separate from archery equipment. SECTION 76. Amends Section 62.021, Parks and Wildlife Code, which provides in: (a) that no person may sell, offer for sell, purchase, offer to purchase, or possess after purchase a wild bird, game bird, or game animal, except as provided in Subsection (c). (c) does not prohibit the sale, if the sale is conducted under the authority of a license or permit issued under the Code for: (1) a live game animal; (2) a dead or live game bird; (3) the feathers of a game bird; and (4) an inedible part, including the hide, antlers, bones, hooves, or sinew of a deer. Reference to a commission proclamation regulating the sale of antlers is deleted. SECTION 77. Amends Section 62.029, Parks and Wildlife Code, to provide: (a) the replacing of the term "public cold storage plant," and with "cold storage or processing facility," as defined in Section 42.001; (b) that a record book shall be maintained by the owner, operator, or lessee of a cold storage or processing facility and specifies the information to be contained in the record book; (c) that the information required to be retained in the record book shall be entered by the owner, operator, or lessee prior to the game being placed in storage or being processed; (d) that the book shall be kept at the facility and available for inspection by authorized employees of the department during business hours or at any other reasonable time; and (e) that the book must be maintained at the facility for a period of one year from the date of the last entry in the book. SECTION 78. Amends Section 62.030, Parks and Wildlife Code, to provide for a person to place in a cold storage or processing facility lawfully killed game birds and game animals that are within the legal possession limit. SECTION 79. Amends Section 62.031, Parks and Wildlife Code, by changing the section name to INSPECTION OF FACILITIES, and amends: (a) replaces the term "public cold storage plant" with "cold storage or processing facility" and provides that an employee of the department may enter and inspect cold storage or processing facility, or other place, where protected wildlife is stored. (b) expands the definition of "protected wildlife" to include nongame birds. (c) replaces the phrase "when facilities are open to the public generally, but may include areas within the facility not generally open to the public" with "or at any other reasonable time" to allow for a facility inspection during normal business hours or at any other reasonable time. SECTION 80. Amends Section 62.082, Parks and Wildlife Code, to add "MANAGED HUNTS" to the section addressing TARGET RANGES. This will allow the LCRA Board of Directors to lease land for hunting purposes, consistent with sound biological management practices. SECTION 81. Amends Subchapter A, Chapter 63, Parks and Wildlife Code, by adding Section 63.002, to prohibits the possession of a live game animal in this state for any purpose not authorized by this code. SECTION 82. Amends Section 64.002, Parks and Wildlife Code, to eliminate inconsistencies with federal law and to add language which mirrors federal law regarding exemptions from the Migratory Bird Treaty Act for depredating nongame migratory birds. SECTION 83. Amends Subchapter A, Chapter 64, Parks and Wildlife Code, by adding Section 64.007 which prohibits the possession of a live game bird in this state for any purpose not authorized by this code. SECTION 84. Amends Section 64.022, Parks and Wildlife Code, to allow the commission to delegate authority for setting migratory game bird hunting seasons to the Executive Director. SECTION 85. Amends Section 64.024(b) and (c), Parks and Wildlife Code, to allow regulation procedures on migratory game birds to be controlled by the Administrative Procedures Act. SECTION 86. Amends Section 64.026, Parks and Wildlife Code, by replacing the term "subchapter" with the term "code" to broaden the scope and by replacing the phrase "method or device" with "means or method" for statutory consistency. SECTION 87. Amends Section 65.001, Parks and Wildlife Code, by amending the definitions of: "alligator", "alligator hunter", "resident", and deletes the definition of "alligator buyer". SECTION 88. Amends Section 65.003(a) and (b), Parks and Wildlife Code, by providing for the broadening of commission authority, in regard to alligators, to regulate alligator eggs in addition to alligators or any part of alligators. SECTION 89. Amends Section 65.005, Parks and Wildlife Code, by deleting subsection (b), an exemption for consumers to purchase or possess certain alligator products. SECTION 90. Amends Section 65.006, Parks and Wildlife Code, to provide: (a) for the removal of the requirement to have an alligator hunter's license to accompany another person who is taking, attempting to take, or possessing an alligator. (b) for a person to possess, purchase, or possess after purchase, for any purpose, an alligator, alligator hide, alligator egg, or any part of an alligator in this state unless the person has a permit issued by the department or is otherwise exempt from a permit by commission rule. SECTION 91. Amends Section 65.007, Parks and Wildlife Code, to eliminate the "resident alligator buyer's license" and the "nonresident alligator buyer's license" from the licenses offered for sale. SECTION 92. Amends Section 66.002(a), Parks and Wildlife Code, to prohibit a person from taking any aquatic animal life, by any means and methods, from any privately owned waters without the consent of the landowner or landowner's agent. SECTION 93. Amends Section 66.003(b), Parks and Wildlife Code, to allow the department rather than a county judge to authorize the use of explosives in public waters to obtain construction materials. SECTION 94. Amends Section 66.014(a), Parks and Wildlife Code, to include the correct statutory cite for defining 'motor vehicle', 'trailer', and 'semitrailer'. SECTION 95. Amends Section 66.015(d), Parks and Wildlife Code, to provide that subsection (b) does not apply to native, nongame fish, except in waters designated by the commission. SECTION 96. Amends Section 66.109(a), Parks and Wildlife Code, to allow the department rather than the county commissioners court to require the place of fish ladders and fishways at private or public dams along freshwater streams. SECTION 97. Amends Section 66.2011, Parks and Wildlife Code, by deleting language relating to size, bag, and possession limits for red drum and speckled sea trout which are no longer needed due to regulations issued under regulatory authority. SECTION 98. Amends Section 66.2012 (d) - (f), Parks and Wildlife Code, to properly cite reference statutes. SECTION 99. Amends Section 67.001, Parks and Wildlife Code, to remove elk as indigenous wildlife of Texas and moves the authority of the commission to establish the regulations for taking, possession, transportation, exportation, sale and offering for sale nongame fish and wildlife that the department considers necessary to manage the species to Section 67.004. SECTION 100. Amends Section 67.004, Parks and Wildlife Code, to add the authority of the commission to establish the regulations for taking, possession, transportation, importation, exportation, sale, and offering for sale nongame fish and wildlife that the department considers necessary to manage the species as moved from Section 67.001. SECTION 101. Amends Section 67.0041(a), Parks and Wildlife Code, to add to the authority of the department to issue a permit for the propagation and importation of nongame fish and wildlife that the department considers necessary to manage the species. Amends Section 67.0041(b) to remove commercial activity from the department's authority to charge a fee for a permit issued under this section. SECTION 102. Amends Section 68.014 and 68.015, Parks and Wildlife Code, to provide for limitations on the capture, trap, take, or kill, or attempt to capture, trap, take, or kill, and the possession, transportation, exportation, sale, an offering for sale of endangered species. Provides that it is a prohibited act to capture, trap, take, or kill an endangered fish or wildlife. SECTION 103. Amends Section 71.005, Parks and Wildlife Code, to provide: (b) that no person may purchase, possess after purchase, or transport for commercial purposes a fur-bearing animal pelt or carcass without the proper license except as provided for by commission regulation. (c) that no person may capture or possess a live fur-bearing animal for any purpose without having a fur-bearing animal propagation license, unless otherwise allowed by the code. (d) that a person that has a hunting license may take and possess a fur-bearing animal. SECTION 104. Amends Section 76.1031 (b), Parks and Wildlife Code, to allow the transfer of a commercial oyster boat license. SECTION 105. Amends Section 76.116, Parks and Wildlife Code, to provide that there will be no open season for oysters from areas closed by the Texas Dept. of Health. Provides that the department by authorize the transplanting of oysters from restricted areas or other areas designated by the department. SECTION 106. Amends Section 77.020, Parks and Wildlife Code, to allow the provided penalties to apply to violations of a proclamation of the commission issued under the authority of Chapter 77. SECTION 107. Amends Section 77.0361, Parks and Wildlife Code, to allow the transfer of a bait shrimp dealer's license and a gulf shrimp boat license. SECTION 108. Amends Section 77.037, Parks and Wildlife Code, to apply to the transfer of commercial gulf shrimp boat licenses only. Commercial bay and bait shrimp licenses are covered under provisions of Section 77.113. SECTION 109. Amends Section 77.044(b), Parks and Wildlife Code, to provide that a person may not hold both a bait-shrimp dealer's license and a wholesale fish dealer's license. SECTION 110. Amends the heading to Subchapter E, Chapter 81, Parks and Wildlife Code, to: WILDLIFE MANAGEMENT AREAS AND PUBLIC HUNTING LANDS. SECTION 111. Amends Section 81.402, Parks and Wildlife Code, to clarify the authority of the executive director (instead of "department") to regulate hunting and fishing on wildlife (deleting the word "game") management areas and add "public hunting lands" to those lands under the executive director's authority for this purpose. This section is also changed to delete the specified time period in which hunting and fishing seasons may be allowed on these lands. SECTION 112. Amends Section 81.403, Parks and Wildlife Code, to include "wildlife" (instead of "game") management areas in the permitting process for hunting and authorizes the department to accept multiple applications for special hunting permits, programs, packages or events. SECTION 113. Amends Section 47.02 ( c ), Penal Code, to clarify authority for drawings associated with hunting, fishing, or other recreational events conducted by the Parks and Wildlife Department. SECTION 114. Amends Parks and Wildlife Code by repealing statutes which are now covered by regulatory authority, in conflict with other statutes, or are no longer valid. The repeals are as follows: Subsection 11.0161(b) - Notification of commission activities [portion] Subsection 12.004(a) - List of fees and fines [portion] Section 12.007 - Cautioning sportsmen Section 12.012 - Fire hazard Section 12.014 - Fees for stocking fish in private water Section 12.016 - Artificial reefs [see Chapter 89] Section 12.022 - Complaints Section 12.023 - Written complaints Section 12.111 - Violation by employee Section 13.0011 - Parks in region impacted by naval military facility Section 13.0012 - Biennial allocation Section 13.111 - Portion of fine to be retained by county Subchapter E, Chap. 23 - Sabine National Forest Section 41.001 - Reciprocal hunting and fishing Section 41.002 - Reciprocal hunting and fishing: Louisiana Section 41.007 - Violation of rule or regulation Section 43.046 - Form and execution of license Section 43.048 - Statement required Section 43.0485 - Hunting lease records Section 43.0761 - Records Section 43.0765 - Field trial record book Section 44.0135 - Disposition of deer Section 46.107 - Disposition of fees Section 47.036 - Venue Section 49.004 - General falconer's permit Section 49.0045 - Master falconer's permit Section 49.0047 - Joint federal-state permits Section 49.005 - Raptor limit Section 49.006 - Renewal Section 49.007 - Renewal fees Section 49.008 - Nonresident falconer's permit Section 49.009 - Reciprocity Section 49.013 - Transportation of raptors Section 61.004 - Applicability of additional counties Section 61.105 - Copies of proclamations Section 61.203 - Trotlines and crab traps in Aransas County Section 62.027 - Affidavit for transporting specimens Section 62.028 - Failure to obtain affidavit Section 66.112 - Brood fish Section 66.302 - Licenses Section 76.010 - Areas not subject to location Section 76.011 - Survey marking and buoys Section 76.013 - Survey fee Section 76.014 - Filing of certificate Section 76.018 - Oyster production required Section 76.034 - Minimum size Section 76.105 - Dredge size Section 76.108 - Open season Section 76.110 - Number and description of dredges Section 76.111 - Retentions limits Section 76.112(a) - Oyster size limits [portion] Section 76.113 - Culling oysters Section 77.001(9) - Definition of shrimp house operator Section 77.005 - Reporting by license Section 77.012 - Foreign shrimp Section 77.013 - Size Section 77.016 - Restrictions on individual bait-shrimp trawl Section 77.017 - Possession after season Section 77.018 - Foreign trawl or shrimp Section 77.019 - Prohibited handling of shrimp Section 77.038 - Display of licenses Section 77.041 - Gear on commercial shrimp boat Section 77.042 - Shrimp house operators license Section 77.047 - Prohibited handling of shrimp by bait-shrimp dealer Section 77.063(a) - General limitation on nets [portion] Section 77.064 - Night shrimping Section 77.065 - White shrimp Section 77.066 - Sea bobs Section 77.068 - Noncommercial shrimping Section 77.069 - Sale of noncommercial shrimp Section 77.070 - Possession of shrimp Subchapter E, Chap. 77 - Shrimping in inside water Section 81.002 - Predacious animals on hatcheries or reservations Section 81.201 - Creation of freshwater sanctuaries Section 81.202 - Purposes of sanctuaries Section 81.203 - Designation of sanctuaries Section 81.204 - Sanctuary duration Section 81.205 - Amount of fresh water set aside in one county Subchapter A, Chap. 82 - Gus Engeling Wildlife Management Area Those portions of Title 7 that defer back to the provisions of Chapter 61, the Uniform Wildlife Regulatory Act. SECTION 115. Effective date: September 1, 1997. SECTION 116. The non-retroactivity clause on violations. SECTION 117. Establish the validity of rules established under provisions of the code prior to the effective date of this bill and the effective date of rules adopted under sections of the code changed by this bill. SECTION 118. Emergency clause. COMPARISON OF ORIGINAL TO SUBSTITUTE SECTION 18 of the original bill has been deleted in CSHB 2542 and the following sections have been renumbered appropriately. SECTION 22 of the original bill refers to watercraft, CSHB 2542, SECTION 21 refers to vessels. SECTION 28 of CSHB 2542 (SECTION 29 of the original bill) deletes reference to a part of a carcass and adds commission rule as an exception. In addition, the reference to wildlife resource documents in subsection (g) has been deleted. SECTION 29 of CSHB 2542 (SECTION 30 of the original bill) changes the following: subsection (a) adds "except as provided by commission rule". Subsection (d) of the original bill is deleted in CSHB 2542. SECTION 30 of CSHB 2542 (SECTION 31 of the original bill) deletes "or part of a carcass". SECTION 42 of CSHB 2542 (SECTION 43 of the original bill) adds "live" to game birds and adds "or a part of a dead game bird". SECTION 44 of CSHB 2542 (SECTION 45 of the original bill) deletes subsection (6), therefore there is no change to the definition of "fish guide". SECTION 48 of CSHB 2542 is new, it amends Sec. 47.010, Wholesale truck dealer's fish license. SECTION 49 of CSHB 2542 is new, it amends Sec. 47.011 (c), with regards to aquaculture. SECTION 50 of CSHB 2542 is new, it amends Sec. 47.013(c). SECTION 51 of CSHB 2542 (SECTION 49 of the original bill) adds subsection (c) to Sec. 47.014. SECTION 52 of CSHB 2542 (SECTION 51 of the original bill) makes clarifying changes. SECTION 60 of CSHB 2542 (SECTION 58 of the original bill) adds import to the list of things the department may prescribe rules for. SECTIONS 66, 67, and 68 of CSHB 2542 (SECTIONS 64, 65, and 66 of the original bill) adds "hunt" to references of take or possess. SECTION 74 of CSHB 2542 (SECTION 72 of the original bill) eliminates reference to crossbows. SECTION 75 of CSHB 2542 is new, it establishes crossbow as its own category separate from archery equipment. SECTIONS 84 & 85 of CSHB 2542 (SECTIONS 81 & 82 of the original bill) adds "hunting" and deletes "taking". SECTION 87 of CSHB 2542 (SECTION 84 of the original bill) adds "or collecting" to subsection (4). SECTION 90 of CSHB 2542 (SECTION 87 of the original bill) deletes "or assist another person who is attempting to take". SECTION 95 of CSHB 2542 is new, it amends Sec. 66.015(d). SECTION 100 of CSHB 2542 (SECTION 96 of the original bill) adds "importation" to the list of items the commission may regulate. SECTION 102 of CSHB 2542 is new, it amends Sec. 68.014 and 68.015. SECTION 105 of CSHB 2542 is new, it amends Sec. 77.116. SECTION 109 of CSHB 2542 (SECTION 103 of the original bill), Sec. 77.044(b) is amended to provide that no person may hold both a bait-shrimp dealer's license and a wholesale fish dealer's license. SECTION 114 of CSHB 2542 (SECTION 108 of the original bill) deletes Sections 76.017, 76.107, 77.001, 77.067(b), and 77.067(c) from the list of sections to be repealed. CSHB 2542 adds Sections 77.042 and 77.001(9) to the list of sections to be repealed.