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.