By Kuempel H.B. No. 2542
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the regulation of parks and wildlife; providing
1-3 penalties.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 1.012, Parks and Wildlife Code, is
1-6 amended to read as follows:
1-7 Sec. 1.012. PUBLIC [PRIVATE] FRESH WATER. Any public
1-8 freshwater lake, river, creek, or bayou in this state contained in
1-9 any survey of private land may not be sold but shall remain open to
1-10 the public. The [If the] Parks and Wildlife Department [stocks the
1-11 water with fish, it] is authorized to protect the fish in public
1-12 waters under rules as it may prescribe.
1-13 SECTION 2. Section 1.101(1), Parks and Wildlife Code, is
1-14 amended to read as follows:
1-15 (1) "Hunt" means capture, trap, [seek or pursue with
1-16 intent to] take, or kill, or [and includes take, kill, and] an
1-17 attempt to capture, trap, take, or kill.
1-18 SECTION 3. Subchapter A, Chapter 11, Parks and Wildlife
1-19 Code, is amended by adding Section 11.003 to read as follows:
1-20 Sec. 11.003. GEOGRAPHIC REGIONS. The state is divided into
1-21 nine geographic regions from which the commission members are
1-22 appointed, as follows:
1-23 (1) Region 1: Archer, Armstrong, Bailey, Baylor,
1-24 Borden, Briscoe, Callahan, Carson, Castro, Childress, Clay,
2-1 Cochran, Collingsworth, Cooke, Cottle, Crosby, Dallam, Dawson, Deaf
2-2 Smith, Dickens, Donley, Eastland, Fisher, Floyd, Foard, Gaines,
2-3 Garza, Gray, Hale, Hall, Hansford, Hardeman, Hartley, Haskell,
2-4 Hemphill, Hockley, Hutchinson, Jack, Jones, Kent, King, Knox, Lamb,
2-5 Lipscomb, Lubbock, Lynn, Montague, Moore, Motley, Nolan, Ochiltree,
2-6 Oldham, Palo Pinto, Parker, Parmer, Potter, Randall, Roberts,
2-7 Scurry, Shackelford, Sherman, Stephens, Stonewall, Swisher, Taylor,
2-8 Terry, Throckmorton, Wheeler, Wichita, Wilbarger, Wise, Yoakum, and
2-9 Young counties;
2-10 (2) Region 2: Bowe, Camp, Cass, Collin, Delta,
2-11 Fannin, Franklin, Grayson, Gregg, Harrison, Henderson, Hopkins,
2-12 Hunt, Kaufman, Lamar, Marion, Morris, Panola, Rains, Red River,
2-13 Rockwall, Rusk, Smith, Titus, Upshur, Van Zandt, and Wood counties;
2-14 (3) Region 3: Andrews, Brewster, Coke, Coleman,
2-15 Concho, Crane, Crockett, Culberson, Ector, El Paso, Glasscock,
2-16 Howard, Hudspeth, Irion, Jeff Davis, Kimble, Loving, Martin,
2-17 McCulloch, Menard, Midland, Mitchell, Pecos, Presidio, Reagan,
2-18 Reeves, Runnels, Schleicher, Sterling, Sutton, Terrell, Tom Green,
2-19 Upton, Val Verde, Ward, and Winkler counties;
2-20 (4) Region 4: Bell, Bosque, Brown, Comanche, Coryell,
2-21 Dallas, Denton, Ellis, Erath, Falls, Hamilton, Hill, Hood, Johnson,
2-22 Lampasas, McLennan, Mills, Navarro, San Saba, Somervell, and
2-23 Tarrant counties;
2-24 (5) Region 5: Anderson, Angelina, Cherokee,
2-25 Freestone, Houston, Jasper, Jefferson, Leon, Limestone, Madison,
2-26 Nacogdoches, Newton, Orange, Polk, Sabine, San Augustine, San
2-27 Jacinto, Shelby, Trinity, Tyler, and Walker counties;
3-1 (6) Region 6: Bandera, Blanco, Comal, Edwards, Frio,
3-2 Gillespie, Kendall, Kerr, Kinney, Llano, Mason, Maverick, Medina,
3-3 Real, Uvalde, and Zavala counties;
3-4 (7) Region 7: Bastrop, Bexar, Brazos, Burleson,
3-5 Burnet, Caldwell, Fayette, Gonzales, Grimes, Guadalupe, Hays,
3-6 Karnes, Lee, Milam, Robertson, Travis, Washington, Williamson, and
3-7 Wilson counties;
3-8 (8) Region 8: Austin, Brazoria, Chambers, Colorado,
3-9 Fort Bend, Galveston, Hardin, Harris, Jackson, Lavaca, Liberty,
3-10 Matagorda, Montgomery, Waller, and Wharton counties; and
3-11 (9) Region 9: Aransas, Atascosa, Bee, Brooks,
3-12 Calhoun, Cameron, DeWitt, Dimmit, Duval, Goliad, Hidalgo, Jim Hogg,
3-13 Jim Wells, Kenedy, Kleberg, La Salle, Live Oak, McMullen, Nueces,
3-14 Refugio, San Patricio, Starr, Victoria, Webb, Willacy, and Zapata
3-15 counties.
3-16 SECTION 4. Section 11.012, Parks and Wildlife Code, is
3-17 amended by adding Subsection (d) to read as follows:
3-18 (d) The governor shall appoint one commission member from
3-19 each geographic region designated under Section 11.003 of this
3-20 code.
3-21 SECTION 5. Section 11.0125, Parks and Wildlife Code, is
3-22 amended by amending Subsection (a) and adding Subsection (d) to
3-23 read as follows:
3-24 (a) It is a ground for removal from the commission if a
3-25 member:
3-26 (1) does not have at the time of appointment the
3-27 qualifications required by Section 11.0121 of this code for
4-1 appointment to the commission;
4-2 (2) does not maintain during the service on the
4-3 commission the qualifications required by Section 11.0121 of this
4-4 code for appointment to the commission;
4-5 (3) violates a prohibition established by Section
4-6 11.0122 or 11.0123 of this code;
4-7 (4) is unable to discharge his duties for a
4-8 substantial portion of the term for which he was appointed because
4-9 of illness or disability; [or]
4-10 (5) is absent from more than one-half of the regularly
4-11 scheduled commission meetings which the member is eligible to
4-12 attend during each calendar year, except when the absence is
4-13 excused by majority vote of the commission; or
4-14 (6) no longer resides in the geographic region from
4-15 which the member is appointed.
4-16 (d) A commission member's failure to reside in the
4-17 geographic region from which the member is appointed is not grounds
4-18 for removal of the member from the commission if the member no
4-19 longer resides in the geographic region because of a change in the
4-20 region's boundaries.
4-21 SECTION 6. (a) The governor shall make appointments under
4-22 Section 11.012(d), Parks and Wildlife Code, as added by this Act,
4-23 as a vacancy occurs or a term expires for positions held by those
4-24 commission members serving on the effective date of this Act.
4-25 (b) Section 11.0125(a)(6), Parks and Wildlife Code, as added
4-26 by this Act, applies only to a commission member appointed under
4-27 Section 11.012(d), Parks and Wildlife Code, as added by this Act.
5-1 SECTION 7. Subchapter B, Chapter 11, Parks and Wildlife
5-2 Code, is amended by adding Section 11.0181 to read as follows:
5-3 Sec. 11.0181. EMPLOYEES AS EDUCATORS AND OUTREACH
5-4 PROPONENTS. (a) Employees of the department through education and
5-5 outreach shall:
5-6 (1) expand the wise use and conservation of fish and
5-7 wildlife resources; and
5-8 (2) increase the participation in outdoor recreation.
5-9 (b) The department may use money from any of the
5-10 department's special accounts to pay for education and outreach
5-11 activities performed by department employees or to provide grants
5-12 for education and outreach activities to be performed by other
5-13 entities.
5-14 SECTION 8. Subchapter B, Chapter 11, Parks and Wildlife
5-15 Code, is amended by adding Section 11.0261 to read as follows:
5-16 Sec. 11.0261. PROHIBITION AGAINST ACCEPTANCE OF GIFTS,
5-17 GRATUITIES, AND OTHER THINGS OF VALUE. A person who is a member of
5-18 the commission or an employee of the department may not accept a
5-19 gift, gratuity, or other thing of value, including travel, from a
5-20 person who:
5-21 (1) is employed by or participates in the management
5-22 of a business entity or other organization that receives funds from
5-23 the department;
5-24 (2) owns or controls, directly or indirectly, more
5-25 than a 10 percent interest in a business entity or other
5-26 organization that receives funds from the department;
5-27 (3) is a person a significant portion of whose
6-1 business consists of furnishing goods or services to an entity or
6-2 organization described by Subdivision (1) or (2); or
6-3 (4) is an agent, representative, attorney, employee,
6-4 officer, owner, director, or partner of an entity, organization, or
6-5 person described by Subdivision (1), (2), or (3).
6-6 SECTION 9. Section 11.027, Parks and Wildlife Code, is
6-7 amended by adding Subsection (e) to read as follows:
6-8 (e) The commission by rule may establish and provide for the
6-9 collection of a fee for entering, reserving, or using a facility or
6-10 property owned or managed by the department.
6-11 SECTION 10. Subchapter B, Chapter 11, Parks and Wildlife
6-12 Code, is amended by adding Section 11.0272 to read as follows:
6-13 Sec. 11.0272. PUBLIC FISHING AND SPECIAL EVENTS DRAWING;
6-14 FEES. (a) The department may conduct public drawings to select
6-15 applicants for public fishing or other special events privileges.
6-16 The department may charge each person who participates in the
6-17 drawing a nonrefundable participation fee in addition to any fee
6-18 for issuing a permit or fishing license. The participation fee
6-19 shall be set by the commission in an amount sufficient to pay the
6-20 costs of operating the drawing.
6-21 (b) The commission may approve participation fees, not to
6-22 exceed $25 per species or event for each participant on an
6-23 application, in drawings for special fishing or other special
6-24 programs, packages, or events the costs of which exceed the costs
6-25 of operating the drawing only if the receipts from fees charged are
6-26 designated for use in the management and restoration efforts of the
6-27 specific fishery or resource program implementing each special
7-1 fishing or other special program, package, or event.
7-2 SECTION 11. Section 11.033, Parks and Wildlife Code, is
7-3 amended to read as follows:
7-4 Sec. 11.033. Use of Game, Fish, and Water Safety Account.
7-5 Money in the game, fish, and water safety account may be used for
7-6 the following purposes:
7-7 (1) enforcement of fish, shrimp, and oyster laws, game
7-8 laws, and laws pertaining to sand, shell, and gravel;
7-9 (2) dissemination of information pertaining to marine
7-10 life, wild animal life, wildlife values, and wildlife management;
7-11 (3) scientific investigation and survey of marine life
7-12 for the better protection and conservation of marine life;
7-13 (4) establishment and maintenance of fish hatcheries,
7-14 fish sanctuaries, tidal water fish passes, wildlife management
7-15 areas, and public hunting grounds;
7-16 (5) propagation and distribution of marine life, game
7-17 animals, and wild birds;
7-18 (6) protection of wild birds, fish, and game;
7-19 (7) purchase, repair, and operation of boats and
7-20 dredges;
7-21 (8) research, management, and protection of the fish
7-22 and wildlife resources of this state, including alligators and
7-23 fur-bearing animals;
7-24 (9) salaries of employees and other expenses necessary
7-25 to carry out the duties of the department under laws relating to
7-26 fish, shrimp, oysters, game, water safety, and sand, shell, and
7-27 gravel;
8-1 (10) expansion and development of additional
8-2 opportunities of hunting and fishing in state-owned land and water;
8-3 (11) removing rough fish from public water;
8-4 (12) [construction and maintenance of artificial reefs
8-5 under Section 12.016 of this code;]
8-6 [(13)] administration and enforcement of the water
8-7 safety laws as set out in Chapter 31 [of this code];
8-8 (13) [(14)] purchasing all necessary forms and
8-9 supplies, including reimbursement of the department for any
8-10 material produced by its existing facilities or work performed by
8-11 other divisions of the department;
8-12 (14) [(15)] purchase, construction, and maintenance of
8-13 boat ramps on or near public waters as provided in Chapter 31 [of
8-14 this code];
8-15 (15) [(16)] resource protection activities; and
8-16 (16) [(17)] any other use provided by law.
8-17 SECTION 12. Section 12.010, Parks and Wildlife Code, is
8-18 amended to read as follows:
8-19 Sec. 12.010. NOXIOUS VEGETATION PROGRAM. The department may
8-20 contract with a person not employed by the department or use the
8-21 services of department personnel for the control [eradication] of
8-22 noxious vegetation in [from] the water of this state.
8-23 SECTION 13. Section 12.013, Parks and Wildlife Code, is
8-24 amended to read as follows:
8-25 Sec. 12.013. POWER TO TAKE WILDLIFE. An employee of the
8-26 [The] department acting within the scope of the employee's
8-27 authority may take, transport, release, and manage any of the
9-1 wildlife and fish in this state for investigation, propagation,
9-2 distribution, education, or scientific purposes. [It is a defense
9-3 in any prosecution of an employee of the department for a
9-4 violation of any law for the protection of wildlife or fish that
9-5 the employee was acting within the scope of this authority.]
9-6 SECTION 14. Sections 12.114(b) and (c), Parks and Wildlife
9-7 Code, are amended to read as follows:
9-8 (b) If the person is a resident as defined by Subdivision
9-9 (1) of Section 42.001 of this code, "driver's license" and
9-10 "personal identification certificate" have the meanings assigned
9-11 [provided] by Chapter 521, Transportation Code [Subdivisions (1)
9-12 and (4), Section 1, Chapter 173, Acts of the 47th Legislature,
9-13 Regular Session, 1941 (Article 6687b, Vernon's Texas Civil
9-14 Statutes)].
9-15 (c) If the person is a nonresident as defined by
9-16 [Subdivision (3) of] Section 42.001 [of this code], "driver's
9-17 license" and "personal identification certificate" mean those
9-18 documents that are similar to those defined in Subsection (b) [of
9-19 this section] and that are issued by the agency in the state or
9-20 country of which the person is a resident that is authorized to
9-21 issue driver's licenses or personal identification certificates.
9-22 SECTION 15. Section 12.404, Parks and Wildlife Code, is
9-23 amended to read as follows:
9-24 Sec. 12.404. CLASS A PARKS AND WILDLIFE CODE MISDEMEANOR.
9-25 An individual adjudged guilty of a Class A Parks and Wildlife Code
9-26 misdemeanor shall be punished by:
9-27 (1) a fine of not less than $500 nor more than $4,000
10-1 [$2,000];
10-2 (2) confinement in jail for a term not to exceed one
10-3 year; or
10-4 (3) both such fine and imprisonment.
10-5 SECTION 16. Section 12.405, Parks and Wildlife Code, is
10-6 amended to read as follows:
10-7 Sec. 12.405. CLASS B PARKS AND WILDLIFE CODE MISDEMEANOR.
10-8 An individual adjudged guilty of a Class B Parks and Wildlife Code
10-9 misdemeanor shall be punished by:
10-10 (1) a fine of not less than $200 nor more than $2,000
10-11 [$1,000];
10-12 (2) confinement in jail for a term not to exceed 180
10-13 days; or
10-14 (3) both such fine and imprisonment.
10-15 SECTION 17. Section 12.407, Parks and Wildlife Code, is
10-16 amended to read as follows:
10-17 Sec. 12.407. PARKS AND WILDLIFE CODE FELONY. (a) An
10-18 individual adjudged guilty of a Parks and Wildlife Code felony
10-19 shall be punished by confinement in the institutional division of
10-20 the Texas Department of Criminal Justice [Corrections] for any term
10-21 of not more than 10 years or less than two years.
10-22 (b) In addition to imprisonment, an individual adjudged
10-23 guilty of a Parks and Wildlife Code felony may be punished by a
10-24 fine of not less than $2,000 nor more than $10,000 [$5,000].
10-25 SECTION 18. Section 12.409, Parks and Wildlife Code, is
10-26 amended to read as follows:
10-27 Sec. 12.409. SEPARATE OFFENSES. Each fish, bird, animal,
11-1 reptile, or amphibian or part of a fish, bird, animal, reptile, or
11-2 amphibian taken, possessed, killed, left to die, imported,
11-3 exported, offered for sale, sold, purchased, attempted to be
11-4 purchased, or retained in violation of any provision of this code
11-5 or a proclamation or regulation adopted under this code constitutes
11-6 a separate offense.
11-7 SECTION 19. Section 12.505, Parks and Wildlife Code, is
11-8 amended to read as follows:
11-9 Sec. 12.505. VIOLATION OF SUSPENSION OR REVOCATION. A
11-10 person who engages in an activity requiring a permit or license
11-11 during the time for which such license or permit has been suspended
11-12 or revoked commits an offense that is a Class A Parks and Wildlife
11-13 Code misdemeanor.
11-14 SECTION 20. Section 13.001(b), Parks and Wildlife Code, is
11-15 amended to read as follows:
11-16 (b) The commission shall establish a classification system
11-17 for state parks and wildlife management areas that categorizes
11-18 wildlife management areas, parks, or a portion of parks as wildlife
11-19 [game] management areas, recreational areas, natural areas, or
11-20 historical areas.
11-21 SECTION 21. Section 13.016(b), Parks and Wildlife Code, is
11-22 amended to read as follows:
11-23 (b) Convicts working in connection with lands under the
11-24 control or jurisdiction of the department [a state park] remain
11-25 under the control of the Texas Department [Board] of Criminal
11-26 Justice [Corrections] and are considered as serving their terms in
11-27 the penitentiary.
12-1 SECTION 22. Section 13.019, Parks and Wildlife Code, is
12-2 amended to read as follows:
12-3 Sec. 13.019. FACILITY [CAMPSITE] RESERVATION FEE. The
12-4 department may permit the advance reservation of a facility,
12-5 lodging, or campsite at a state park and require the payment of a
12-6 fee by a person making the reservation. [If the reservation is
12-7 cancelled by 72 hours prior to the day the site is first to be
12-8 occupied under the reservation, the reservation fee shall be
12-9 refunded. If the reservation is confirmed by the person's arriving
12-10 at the park, the reservation fee shall be applied to the first
12-11 day's user fee. No user fee may be required in advance as part of
12-12 the reservation procedure.]
12-13 SECTION 23. The heading to Chapter 23, Parks and Wildlife
12-14 Code, is amended to read as follows:
12-15 CHAPTER 23. NATIONAL PARKS, NATIONAL SEASHORES, AND
12-16 OTHER FEDERAL LANDS [FORESTS]
12-17 SECTION 24. Subchapter D, Chapter 23, Parks and Wildlife
12-18 Code, is amended to read as follows:
12-19 SUBCHAPTER D. FEDERAL LANDS [DAVY CROCKETT NATIONAL FOREST]
12-20 Sec. 23.041. AGREEMENTS FOR WILDLIFE MANAGEMENT. [(a)] The
12-21 department may agree with the proper agency of the United States
12-22 for the protection and management of wildlife resources and for
12-23 restocking desirable species of wildlife on federal lands in the
12-24 state [in portions of the Davy Crockett National Forest, in Houston
12-25 and Trinity counties, that can be designated by a natural
12-26 boundary. A natural boundary may be a road, lake, stream, canyon,
12-27 rock, bluff, island, or other natural feature].
13-1 [(b) No agreement under this section may cover more than
13-2 40,000 acres at any one time during any five-year period.]
13-3 Sec. 23.042. WILDLIFE RESOURCES DEFINED. In this
13-4 subchapter, "wildlife resources" means all wild [kinds of] birds,
13-5 wild animals, and aquatic animal life [fish].
13-6 Sec. 23.043. HUNTING AND FISHING REGULATIONS. The
13-7 commission, under Chapter 61 or Subchapter E, Chapter 81, may
13-8 provide for open seasons for hunting and fishing on federal lands
13-9 for which the department has entered into a wildlife management
13-10 agreement under this subchapter [promulgate regulations applicable
13-11 to the Davy Crockett National Forest, in Houston and Trinity
13-12 counties, to:]
13-13 [(1) prohibit hunting and fishing for periods of time
13-14 as necessary to protect wildlife;]
13-15 [(2) provide open seasons for hunting and fishing;]
13-16 [(3) provide limitations on the number, size, kind,
13-17 and sex of wildlife that may be taken; and]
13-18 [(4) prescribe the conditions under which wildlife may
13-19 be taken].
13-20 Sec. 23.044. PENALTY. A person who violates any rule or
13-21 regulation of the commission adopted under this subchapter or who
13-22 hunts or fishes on federal lands included in a wildlife management
13-23 agreement under this subchapter [in the Davy Crockett National
13-24 Forest] at any time other than the open season commits an offense
13-25 that is a Class C Parks and Wildlife Code misdemeanor.
13-26 SECTION 25. Section 31.003(1), Parks and Wildlife Code, is
13-27 amended and Section 31.003(14), Parks and Wildlife Code, as amended
14-1 by Chapters 450 and 739, Acts of the 73rd Legislature, Regular
14-2 Session, 1993, is amended and reenacted to read as follows:
14-3 (1) "Boat" means a vessel not more than 65 feet in
14-4 length, measured from end to end over the deck, excluding sheer[,
14-5 and manufactured or used primarily for noncommercial use].
14-6 (14) "Personal watercraft" means [a vessel of] a type
14-7 of motorboat that [which] is specifically designed to be operated
14-8 by a person or persons sitting, standing, or kneeling on the vessel
14-9 rather than in the conventional manner of sitting or standing
14-10 inside the vessel.
14-11 SECTION 26. Section 31.004, Parks and Wildlife Code, is
14-12 amended to read as follows:
14-13 Sec. 31.004. APPLICATION OF CHAPTER. The provisions of this
14-14 chapter apply to all public water of this state and to all vessels
14-15 [watercraft navigated or moving] on [the] public water. Privately
14-16 owned water is not subject to the provisions of this chapter.
14-17 SECTION 27. Section 31.021(b), Parks and Wildlife Code, is
14-18 amended to read as follows:
14-19 (b) No person may operate or give permission for the
14-20 operation of any vessel, or dock, moor, or store a vessel owned by
14-21 the person, on the water of this state unless:
14-22 (1) the vessel is numbered as required by this
14-23 chapter;
14-24 (2) [, unless] the certificate of number awarded to
14-25 the vessel is in full force and effect;[,] and
14-26 (3) [unless] the identifying number set forth in the
14-27 certificate is properly displayed on each side of the bow of the
15-1 vessel.
15-2 SECTION 28. Section 31.129(a), Parks and Wildlife Code, is
15-3 amended to read as follows:
15-4 (a) A person who violates or fails to comply with a rule of
15-5 the Texas Natural Resource Conservation Commission [Department of
15-6 Water Resources] concerning the disposal of sewage from boats
15-7 commits an offense that is a Class C Parks and Wildlife Code
15-8 misdemeanor. A separate offense is committed each day a violation
15-9 continues.
15-10 SECTION 29. Section 41.003(b), Parks and Wildlife Code, is
15-11 amended to read as follows:
15-12 (b) An agreement must provide that a resident [residents] of
15-13 the border state who has [have] a [commercial or] sport fishing
15-14 license or a hunting license issued by the border state may fish or
15-15 hunt migratory waterfowl on rivers and lakes of the common border,
15-16 and a Texas resident [residents] holding a Texas license is
15-17 [licenses are] extended equal privileges. A person who holds a
15-18 nonresident sport fishing license or a nonresident hunting license
15-19 issued by this state or a border state may be extended the same
15-20 privileges as those extended a resident license holder under this
15-21 subsection.
15-22 SECTION 30. Section 41.004, Parks and Wildlife Code, is
15-23 amended to read as follows:
15-24 Sec. 41.004. RECIPROCAL AGREEMENTS PROCLAIMED. An [The
15-25 commission may approve any] agreement under Section 41.003 is not
15-26 effective until the commission [of this code] by proclamation has
15-27 approved it. [A proclamation becomes effective 30 days after the
16-1 day it is issued or 30 days after the agreement has been lawfully
16-2 accepted by the bordering state, whichever is later.]
16-3 SECTION 31. Section 41.006(c), Parks and Wildlife Code, is
16-4 amended to read as follows:
16-5 (c) Regulations adopted by the commission or issued by the
16-6 director, when authorized by the commission to issue regulations,
16-7 take effect 20 [30] days after their adoption or issuance or as
16-8 otherwise specified in the regulations.
16-9 SECTION 32. Section 42.001, Parks and Wildlife Code, is
16-10 amended to read as follows:
16-11 Sec. 42.001. DEFINITIONS. In this chapter:
16-12 (1) "Resident" means:
16-13 (A) an individual who has resided continuously
16-14 in this state for more than six months immediately before applying
16-15 for a hunting license;
16-16 (B) a member of the United States armed forces
16-17 on active duty;
16-18 (C) a dependent of a member of the United States
16-19 armed forces on active duty; or
16-20 (D) a member of any other category of
16-21 individuals that the commission by regulation designates as
16-22 residents.
16-23 (2) "Nonresident" means an individual who is not a
16-24 resident.
16-25 (3) "Carcass" means the [dead] body of a dead deer or
16-26 antelope, as listed in Section 63.001(a), that has not been
16-27 processed more than by quartering [minus the offal and inedible
17-1 organs, or the trunk with the limbs and head attached, with or
17-2 without the hide].
17-3 (4) "Final destination, [destination]" for a carcass
17-4 or wild turkey or any part of a carcass or wild turkey, means:
17-5 (A) the permanent residence of the hunter;
17-6 (B) [,] the permanent residence of any other
17-7 person receiving the carcass or wild turkey or the part of a
17-8 carcass or wild turkey; [a dead wild turkey, deer carcass, or any
17-9 part of a deer carcass,] or
17-10 (C) a cold storage or [commercial] processing
17-11 facility [plant after the carcass or turkey has been finally
17-12 processed].
17-13 (5) "Final processing," for a carcass or wild turkey,
17-14 means the cleaning of the dead animal for cooking or storage
17-15 purposes. For a carcass, the term also includes the processing of
17-16 the animal more than by quartering.
17-17 (6) "Cold storage or processing facility" means a
17-18 stationary facility designed and constructed to store or process
17-19 game animals and game birds.
17-20 (7) "Wildlife resource document" means a document
17-21 prescribed by the department, other than a tag or permit, that
17-22 allows a person to give, leave, receive, or possess any species of
17-23 legally taken game bird or game animal, or part of a legally taken
17-24 game bird or game animal, if the game bird or game animal is
17-25 otherwise required to have a tag or permit attached or is protected
17-26 by a bag or possession limit.
17-27 (8) "Quartering" means the processing of an animal
18-1 into not more than two hindquarters each having the leg bone
18-2 attached to the hock and two forequarters each having the leg
18-3 portion to the knee attached to the shoulder blade. The term also
18-4 includes removal of two back straps and trimmings from the neck and
18-5 rib cage.
18-6 SECTION 33. Section 42.018, Parks and Wildlife Code, is
18-7 amended by amending Subsections (a) and (c) and adding Subsections
18-8 (d)-(g) to read as follows:
18-9 (a) Except as provided by Subsection (d) or commission rule,
18-10 no [No] person may possess the carcass of a [wild] deer [at any
18-11 time] before the carcass has been finally processed at a [and
18-12 delivered to the] final destination unless there is attached to
18-13 the carcass a properly executed deer tag from a hunting license
18-14 provided by the department and issued to the person who killed the
18-15 deer.
18-16 (c) If the deer's head is severed from the carcass, the
18-17 properly executed tag must remain with the carcass.
18-18 (d) A wildlife resource document completed by the person who
18-19 killed the deer must accompany the head or other part of the deer
18-20 not accompanied by a tag if at any time before the carcass is
18-21 finally processed the head or other part of the deer no longer
18-22 accompanies the carcass. If a portion of the carcass is divided
18-23 among persons and separated and the person who killed the deer
18-24 retains a portion of the carcass, that person shall retain the tag
18-25 with the portion of the carcass retained by that person. A
18-26 wildlife resource document shall be retained with the head of a
18-27 deer that is not kept with the carcass until the head is delivered
19-1 to the owner after taxidermy or, if not treated by a taxidermist,
19-2 until delivered to a final destination.
19-3 (e) Final processing for a deer carcass may occur only at a
19-4 final destination.
19-5 (f) This section does not prohibit a person before
19-6 delivering a deer carcass to a final destination from removing and
19-7 preparing a part of the deer if the removal and preparation occur
19-8 immediately before the part is cooked or consumed.
19-9 (g) A landowner or the landowner's [his] agent operating
19-10 under a wildlife management plan approved by the department is, if
19-11 authorized by the commission, exempt from the tag requirements of
19-12 this section.
19-13 SECTION 34. Section 42.0185, Parks and Wildlife Code, is
19-14 amended by amending Subsection (a) and adding Subsections (c) and
19-15 (d) to read as follows:
19-16 (a) Except as provided by commission rule, no [No] person
19-17 may possess a [dead] wild turkey at any time after the turkey is
19-18 killed and before it has been finally processed at a [and delivered
19-19 to the] final destination unless there is attached to the [dead
19-20 wild] turkey a properly executed turkey tag from a hunting license
19-21 provided by the department and issued to the person who killed the
19-22 turkey.
19-23 (c) A wildlife resource document completed by the person who
19-24 killed the turkey must accompany a part of the turkey if at any
19-25 time before the turkey reaches a final destination the part of the
19-26 turkey no longer accompanies the tagged turkey and is possessed by
19-27 the person who killed the turkey or is given to, left with, or
20-1 possessed by another person, including a taxidermist.
20-2 (d) This section does not prohibit a person before
20-3 delivering a wild turkey to a final destination from preparing part
20-4 of the turkey immediately before cooking and consuming the part.
20-5 SECTION 35. Section 42.019, Parks and Wildlife Code, is
20-6 amended to read as follows:
20-7 Sec. 42.019. POSSESSION OF CERTAIN PARTS OF ANTELOPE [DEER].
20-8 (a) Except as provided by Subsection (c), no [No] person may
20-9 possess the carcass of an antelope before it has been finally
20-10 processed at a final destination unless there is attached to the
20-11 carcass an antelope permit provided by the department that is
20-12 executed legibly, accurately, and completely by the person who
20-13 killed the antelope [a wild deer with the head removed unless the
20-14 carcass has been finally processed and delivered to the final
20-15 destination].
20-16 (b) If the antelope's head is severed from the carcass, the
20-17 properly executed permit must remain with the carcass. [No person,
20-18 other than the person who killed the deer, may receive or possess
20-19 any part of a deer without a legible hunter's document attached to
20-20 the carcass or part of the deer.]
20-21 (c) A wildlife resource document completed by the person who
20-22 killed the antelope must accompany the head or other part of the
20-23 antelope not accompanied by a permit if at any time before the
20-24 carcass is finally processed the head or other part of the antelope
20-25 no longer accompanies the carcass. If a portion of the carcass is
20-26 divided among persons and separated and the person who killed the
20-27 antelope retains a portion of the carcass, that person shall retain
21-1 the permit with the portion of the carcass retained by that person.
21-2 A wildlife resource document shall be retained with the head of an
21-3 antelope that is not kept with the carcass until the head is
21-4 delivered to the owner after taxidermy or, if not treated by a
21-5 taxidermist, until delivered to a final destination. [A hunter's
21-6 document is an instrument signed and executed by the person who
21-7 killed the deer and must contain:]
21-8 [(1) the name and address of the person who killed the
21-9 deer;]
21-10 [(2) the number of the hunting license of the person
21-11 who killed the deer;]
21-12 [(3) the date on which the deer was killed; and]
21-13 [(4) the name of the ranch and the county where the
21-14 deer was killed.]
21-15 (d) Final processing for an antelope carcass may occur only
21-16 at a final destination.
21-17 (e) This section does not prohibit a person before
21-18 delivering an antelope carcass to a final destination from removing
21-19 and preparing a part of the antelope if the removal and preparation
21-20 occur immediately before the part is cooked and consumed. [A
21-21 hunter's document shall remain with any part of the deer until it
21-22 is finally processed and delivered to the final destination.]
21-23 SECTION 36. Section 43.0721, Parks and Wildlife Code, is
21-24 amended by amending Subsection (a) and adding Subsection (c) to
21-25 read as follows:
21-26 (a) No person may release banded pen-reared birds under this
21-27 subchapter [and receive as a guest for pay or other consideration
22-1 an individual engaged in hunting,] unless the person holds a valid
22-2 private bird hunting area license.
22-3 (c) A person is not required to hold a hunting lease license
22-4 issued under Subchapter D to hunt banded pen-reared birds released
22-5 under the authority of this subchapter.
22-6 SECTION 37. Section 43.075(d), Parks and Wildlife Code, is
22-7 amended to read as follows:
22-8 (d) The band must remain on each bird killed until the bird
22-9 is taken to the permanent residence of the hunter, the permanent
22-10 residence of another person receiving the bird, or a cold storage
22-11 or processing facility unless [a final destination. It is a
22-12 defense to prosecution under this subsection if] the name and
22-13 identification number of the licensee has been stamped or printed
22-14 on the box, wrapping, or package containing the carcass of a bird
22-15 that has been processed and possessed, shipped, or transported
22-16 without the band attached.
22-17 SECTION 38. Section 43.154(d), Parks and Wildlife Code, is
22-18 amended to read as follows:
22-19 (d) No state permit is required to authorize a person to
22-20 kill [authorizing the killing of] migratory [game] birds protected
22-21 by the Federal Migratory Bird Treaty Act if the person has obtained
22-22 [may be issued unless the applicant has received] a permit
22-23 authorizing that activity from the United States Department of the
22-24 Interior or the United States Department of Agriculture[, Fish and
22-25 Wildlife Service. No permit may be issued for the taking of
22-26 wildlife protected under Chapter 68 of this code (Endangered
22-27 Species)].
23-1 SECTION 39. Section 43.201(a), Parks and Wildlife Code, is
23-2 amended to read as follows:
23-3 (a) Except as provided by Subsection (c) or (d) [of this
23-4 section], no person may hunt [wild] deer, [bear,] turkey, or
23-5 javelina (collared peccary) during an open archery season provided
23-6 by law or by the proclamations of the commission and during which
23-7 season only crossbows used by hunters with upper limb disabilities
23-8 and longbows, recurved bows, and compound bows [and arrows] may be
23-9 used unless the person has acquired an archery hunting stamp issued
23-10 to the person by the department. The commission by rule may
23-11 prescribe requirements relating to possessing a stamp required by
23-12 this subchapter.
23-13 SECTION 40. Section 43.203, Parks and Wildlife Code, is
23-14 amended to read as follows:
23-15 Sec. 43.203. HUNTING LICENSE REQUIRED. The purchase or
23-16 possession of an archery hunting stamp does not permit a person to
23-17 hunt [wild] deer, [bear,] turkey, or javelina without the license
23-18 required by Chapter 42 [of this code] or by any means or methods
23-19 not allowed by law.
23-20 SECTION 41. Section 43.522(a), Parks and Wildlife Code, is
23-21 amended to read as follows:
23-22 (a) The department or its agent may issue a conservation
23-23 permit to any person on the payment to the department or agent of a
23-24 fee in an amount set by the commission. [The fee charged for a
23-25 conservation permit may not exceed the amount charged by the
23-26 department for a combination hunting and fishing license under
23-27 Section 50.002 of this code.]
24-1 SECTION 42. Subchapter P, Chapter 43, Parks and Wildlife
24-2 Code, is amended by adding Section 43.555 to read as follows:
24-3 Sec. 43.555. PENALTIES. A person who violates this
24-4 subchapter or a commission rule issued under this subchapter
24-5 commits an offense that is a Class C Parks and Wildlife Code
24-6 misdemeanor.
24-7 SECTION 43. Section 44.012, Parks and Wildlife Code, is
24-8 amended to read as follows:
24-9 Sec. 44.012. SALE DURING OPEN SEASON. A game animal held
24-10 under the authority of a license issued under this subchapter may
24-11 not be sold, traded, transferred, or shipped to any person in any
24-12 county [No game breeder may sell or ship to another person in this
24-13 state any antelope or collared peccary, and no person in this state
24-14 may purchase from a game breeder in this state or any other state
24-15 any antelope or collared peccary] during an open season in the
24-16 county of destination for taking the game animal or during a period
24-17 of 10 days before the [and after an] open season.
24-18 SECTION 44. Section 45.001, Parks and Wildlife Code, is
24-19 amended to read as follows:
24-20 Sec. 45.001. LICENSE REQUIRED. No [(a) Except as provided
24-21 in Subsection (b) of this section, no] person may possess game
24-22 birds in captivity for the purpose of propagation or sale [engage
24-23 in the business of propagating game birds] without first acquiring
24-24 the proper license authorized to be issued under this chapter.
24-25 [(b) A person is not required to have a license issued under
24-26 this chapter if he possesses not more than 12 game birds for
24-27 personal use only.]
25-1 SECTION 45. Section 45.003, Parks and Wildlife Code, is
25-2 amended to read as follows:
25-3 Sec. 45.003. TYPES OF LICENSES; FEES. (a) A class 1
25-4 commercial game bird breeder's license entitles the holder to
25-5 possess [engage in the business of propagating game birds for sale
25-6 or holding game birds] in captivity more than 1,000 game birds.
25-7 The fee for a class 1 [commercial game bird breeder's] license is
25-8 $100 or an amount set by the commission, whichever amount is more.
25-9 (b) A class 2 commercial game bird breeder's license
25-10 entitles the holder to [engage in the business of propagating game
25-11 birds for sale or holding game birds in captivity, except that the
25-12 holder of a class 2 license may not] possess in captivity not more
25-13 than 1,000 game birds during any calendar year. The fee for a
25-14 class 2 [commercial game bird breeder's] license is $10 or an
25-15 amount set by the commission, whichever amount is more.
25-16 SECTION 46. Section 45.006, Parks and Wildlife Code, is
25-17 amended to read as follows:
25-18 Sec. 45.006. SALES OF GAME BIRD CARCASSES OR PARTS OF A GAME
25-19 BIRD. (a) No person may sell, offer for sale, or purchase the
25-20 carcass or any part of a dead pen-raised game bird unless:
25-21 (1) the carcass or part is clearly stamped and marked
25-22 by the stamp authorized by Subsection (b) [of this section]; or
25-23 (2) the carcass or part is delivered to the purchaser
25-24 and is accompanied by a document [in a box, wrapping, or other
25-25 container] on which is printed or written the name, street address,
25-26 and identification [the serial] number, if applicable, of the game
25-27 bird breeder.
26-1 (b) Each holder of a license required by this chapter who
26-2 offers for sale the carcass of a pen-raised game bird may acquire a
26-3 rubber stamp which, when used, shows the identification [serial]
26-4 number of the holder of the license.
26-5 SECTION 47. Section 45.0061, Parks and Wildlife Code, is
26-6 amended to read as follows:
26-7 Sec. 45.0061. SOURCE OF GAME BIRDS. A person who is not
26-8 required to possess a commercial game bird breeder's license and
26-9 who is in possession of a live game bird or part of a dead game
26-10 bird [under Subsection (b) of Section 45.001] shall, on the request
26-11 of a game warden commissioned by the department, furnish to the
26-12 warden a receipt showing the name and street address of the person
26-13 and the name and street address of [information as to] the source
26-14 from which any live game bird or part of a dead game bird [birds]
26-15 in the possession of the person was [were] derived. The receipt
26-16 must also show the date of sale and the species and number of live
26-17 game birds or parts of dead game birds acquired. The failure or
26-18 refusal to comply with this section is a violation of this chapter.
26-19 SECTION 48. Section 45.009, Parks and Wildlife Code, is
26-20 amended to read as follows:
26-21 Sec. 45.009. EXCEPTIONS. (a) [A person may purchase live
26-22 pheasant from a commercial game bird breeder for any purpose.]
26-23 [(b)] A commercial game bird breeder may process [slaughter]
26-24 game birds for [his] personal consumption at any time.
26-25 (b) [(c)] This chapter does not apply to a person holding a
26-26 permit under Section 43.022 [of this code].
26-27 (c) [(d)] Any person owning or operating a [restaurant,
27-1 hotel, boarding house, club, or other] business where food is sold
27-2 for consumption, including a restaurant, hotel, boarding house, or
27-3 club, may sell game birds obtained from a legal source for
27-4 consumption on the premises of the business.
27-5 SECTION 49. Sections 47.001(3)-(5), (9), and (16), Parks and
27-6 Wildlife Code, are amended to read as follows:
27-7 (3) "Wholesale fish dealer" means a person who
27-8 operates a place of business [and buys] for [the purpose of]
27-9 selling, offering for sale, canning, preserving, processing, or
27-10 handling for shipments or sale aquatic products to retail fish
27-11 dealers, hotels, restaurants, cafes, consumers, or other wholesale
27-12 fish dealers. The term does not include the holder of a
27-13 bait-shrimp dealer's license.
27-14 (4) "Retail fish dealer" means a person who operates a
27-15 place of business [and buys] for selling [the purpose of sale or
27-16 sells] or offering [offers] for sale to a consumer aquatic
27-17 products, other than aquatic products that are sold by restaurants
27-18 for and ready for immediate consumption in individual portion
27-19 servings and that [which] are subject to the limited sales or use
27-20 tax. For purposes of this subsection, "consumer" does not include
27-21 a wholesale fish dealer or a hotel, restaurant, cafe, or other
27-22 retail fish dealer.
27-23 (5) "Bait dealer" means a person who catches and sells
27-24 minnows, fish, shrimp, or other aquatic products for bait [or
27-25 transports for sale,] or a place of [who is engaged in the]
27-26 business where [of selling] minnows, fish, shrimp, or other aquatic
27-27 products are sold, offered for sale, handled, or transported for
28-1 sale for [fish] bait.
28-2 (9) "Place of business" means a permanent structure on
28-3 land or a motor vehicle required to be registered under Section
28-4 502.002, Transportation Code [2, Chapter 88, General Laws, Acts of
28-5 the 41st Legislature, 2nd Called Session, 1929 (Article 6675a-2,
28-6 Vernon's Texas Civil Statutes)], where aquatic products or orders
28-7 for aquatic products are received or where aquatic products are
28-8 sold or purchased but does not include a boat or any type of
28-9 floating device, a public cold storage vault, the portion of a
28-10 structure that is used as a residence, or a vehicle from which no
28-11 orders are taken or no shipments or deliveries are made other than
28-12 to the place of business of a licensee in this state.
28-13 (16) "Aquatic product" means any live or dead,
28-14 uncooked, fresh or frozen aquatic animal life.
28-15 SECTION 50. Section 47.003(d), Parks and Wildlife Code, is
28-16 amended to read as follows:
28-17 (d) No person may be issued a commercial finfish fisherman's
28-18 license unless the person files with the department at the time the
28-19 person [he] applies for the license an affidavit containing
28-20 statements that:
28-21 (1) [not less than 50 percent of the applicant's
28-22 gainful employment is devoted to commercial fishing;]
28-23 [(2)] the applicant is not employed at any full-time
28-24 occupation other than commercial fishing; and
28-25 (2) [(3)] during the period of validity of the
28-26 commercial finfish fisherman's license the applicant does not
28-27 intend to engage in any full-time occupation other than commercial
29-1 fishing.
29-2 SECTION 51. Section 47.004, Parks and Wildlife Code, is
29-3 amended by adding Subsection (c) to read as follows:
29-4 (c) The commission may adopt rules governing the issuance
29-5 and use of a fishing guide license.
29-6 SECTION 52. Section 47.009(c), Parks and Wildlife Code, is
29-7 amended to read as follows:
29-8 (c) A person who has an aquaculture [a fish farming] license
29-9 for a Texas aquaculture facility under Section 134.011, Agriculture
29-10 Code, is not required to obtain or possess a wholesale fish
29-11 dealer's license if the person's business activities with regard to
29-12 the sale of aquatic products [fish] involve aquatic products [fish]
29-13 raised on the person's aquaculture facility [fish farm] only.
29-14 SECTION 53. Section 47.010, Parks and Wildlife Code, is
29-15 amended to read as follows:
29-16 Sec. 47.010. WHOLESALE TRUCK DEALER'S FISH LICENSE. (a)
29-17 The license fee for a wholesale truck dealer's fish license is $250
29-18 for each truck or an amount set by the commission, whichever amount
29-19 is more.
29-20 (b) A resident who holds a fish farm vehicle license under
29-21 Section 134.012, Agriculture Code, is not required to obtain a
29-22 license for the vehicle under this section if the vehicle is used
29-23 with regard to the sale or transportation of only aquatic products
29-24 raised on a licensed Texas aquaculture facility belonging to the
29-25 owner of the vehicle.
29-26 SECTION 54. Section 47.011(c), Parks and Wildlife Code, is
29-27 amended to read as follows:
30-1 (c) A person with an aquaculture [a fish farming] license
30-2 for a Texas aquaculture facility under Section 134.011, Agriculture
30-3 Code, is not required to obtain or possess a retail fish dealer's
30-4 license if the person's business activities with regard to the sale
30-5 of aquatic products [fish] involve aquatic products [fish] raised
30-6 on the person's aquaculture facility [fish farm] only.
30-7 SECTION 55. Section 47.013(c), Parks and Wildlife Code, is
30-8 amended to read as follows:
30-9 (c) A resident [person] who owns a vehicle licensed under
30-10 Section 134.012, Agriculture Code, is not required to obtain a
30-11 license for the vehicle under this section when the vehicle is used
30-12 with regard to the sale or transportation of only aquatic products
30-13 raised on a licensed Texas aquaculture facility [fish farm]
30-14 belonging to the owner of the vehicle.
30-15 SECTION 56. Section 47.014, Parks and Wildlife Code, is
30-16 amended by amending Subsection (a) and adding Subsection (c) to
30-17 read as follows:
30-18 (a) No person may engage in business [act] as a bait dealer
30-19 unless the person [he] has obtained the appropriate [a] bait
30-20 dealer's license.
30-21 (c) A person who has an aquaculture license for a Texas
30-22 aquaculture facility under Section 134.011, Agriculture Code, is
30-23 not required to obtain or possess a bait dealer's license if the
30-24 person's business activities with regard to the sale of aquatic
30-25 products for bait involve only aquatic products raised on the
30-26 person's aquaculture facility.
30-27 SECTION 57. Section 47.018(a), Parks and Wildlife Code, is
31-1 amended to read as follows:
31-2 (a) No person may bring into this state and deliver aquatic
31-3 products for [any] commercial purposes [purpose] unless the person
31-4 [he] has obtained a wholesale fish dealer's license, [or] a retail
31-5 fish dealer's license, or a bait dealer's license, as applicable,
31-6 issued under this subchapter.
31-7 SECTION 58. Section 47.0181(a), Parks and Wildlife Code, is
31-8 amended to read as follows:
31-9 (a) No person, except a commercial fisherman licensed to
31-10 take aquatic products from Texas waters transporting the
31-11 fisherman's own catch within this state, may transport aquatic
31-12 products for commercial purposes, regardless of origin or
31-13 destination, without an invoice containing the following
31-14 information correctly stated and legibly written:
31-15 (1) the invoice number;
31-16 (2) the date of shipment;
31-17 (3) the name and physical address of shipper;
31-18 (4) the name and physical address of receiver;
31-19 (5) the license number of shipper; and
31-20 (6) the quantity of aquatic products contained in the
31-21 shipment; finfish by species and by [,] number or [and] weight,
31-22 oysters by volume, and all other aquatic products by weight.
31-23 SECTION 59. Section 47.031(b), Parks and Wildlife Code, is
31-24 amended to read as follows:
31-25 (b) All licenses and permits issued under the authority of
31-26 Chapter 47 [of this code] may not be transferred to another person
31-27 except that a license issued in the name of a business shall remain
32-1 valid for the business location specified on the license or permit
32-2 if a change of ownership and/or business name occurs. A license
32-3 issued under the authority of Section 47.009, [or] 47.011, [or]
32-4 47.014, or 47.016 may be transferred to a new address if the
32-5 business moves to another location. A license issued under the
32-6 authority of Section 47.007, 47.010, or 47.013 may be transferred
32-7 to another vehicle or vessel or to a new owner of the same vehicle
32-8 or vessel. The commission, by regulation, may prescribe
32-9 requirements necessary to clarify license and permit transfer
32-10 procedures and may prescribe, by regulation, forms to be used and
32-11 fees to be charged for transfer of licenses and permits in this
32-12 chapter and for duplicate license plates and duplicate or
32-13 replacement licenses and permits.
32-14 SECTION 60. Section 49.001, Parks and Wildlife Code, is
32-15 amended by adding Subdivision (3) to read as follows:
32-16 (3) "Falconry" means the practice of trapping,
32-17 possessing, training, or flying a raptor for hunting purposes and
32-18 includes the act of hunting by the use of a trained raptor.
32-19 SECTION 61. Section 49.002, Parks and Wildlife Code, is
32-20 amended to read as follows:
32-21 Sec. 49.002. PROHIBITED ACTS. (a) Except as provided in
32-22 Subsection (b) [of this section], no person may take, capture, or
32-23 possess, or attempt to take or capture, any native raptors unless
32-24 the person [he] has obtained a permit issued by the department
32-25 [under this chapter].
32-26 (b) A nonresident may temporarily possess in this state or
32-27 transport through this state any raptor if the person is authorized
33-1 by state and federal permits to possess the raptor in the person's
33-2 state of residence or has been issued a permit under Chapter 43
33-3 [person may collect and hold protected species of wildlife for
33-4 scientific, zoological, and propagation purposes if he holds a
33-5 permit issued by the department for that purpose].
33-6 SECTION 62. Section 49.003, Parks and Wildlife Code, is
33-7 amended to read as follows:
33-8 Sec. 49.003. RECIPROCITY [APPRENTICE FALCONER'S PERMIT]. A
33-9 person in possession of a raptor under a license issued by another
33-10 state who intends to establish residency in this state must apply
33-11 to the department for a falconry permit not later than the 10th day
33-12 after the date the person first moves a raptor into this state. A
33-13 signed and notarized affidavit stating the person's intent to
33-14 establish residency in this state must accompany the application.
33-15 [The department may issue an apprentice falconer's permit to any
33-16 person who:]
33-17 [(1) is at least 14 years of age;]
33-18 [(2) is sponsored by the holder of a general
33-19 falconer's or a master falconer's permit;]
33-20 [(3) submits an application on forms prescribed by the
33-21 department; and]
33-22 [(4) submits an original permit fee of $30 or an
33-23 amount set by the commission, whichever amount is more.]
33-24 SECTION 63. Section 49.010, Parks and Wildlife Code, is
33-25 amended to read as follows:
33-26 Sec. 49.010. HUNTING. (a) A resident possessing [The
33-27 holder of] a falconry [valid] permit [issued under this chapter]
34-1 and a [valid] hunting license may hunt by means of falconry
34-2 [native species of wild birds, wild animals, and migratory game
34-3 birds during the open season and may hunt unprotected species of
34-4 wildlife].
34-5 (b) A nonresident may hunt by means of falconry if the
34-6 nonresident possesses on the nonresident's person:
34-7 (1) a federal falconry permit;
34-8 (2) a falconry permit issued in the person's state of
34-9 residence; and
34-10 (3) a nonresident hunting license and any applicable
34-11 stamps.
34-12 (c) A person may hunt a bird or animal by means of falconry
34-13 only during an open season provided for that bird or animal.
34-14 SECTION 64. Section 49.011, Parks and Wildlife Code, is
34-15 amended to read as follows:
34-16 Sec. 49.011. TRANSFER OR SALE OF RAPTORS. (a) Except as
34-17 permitted in Subsections (b) and (c) [of this section], no person
34-18 may buy, sell, barter, or exchange, or offer to buy, sell, barter,
34-19 or exchange, a raptor in this state.
34-20 (b) The holder of a falconer's permit may transfer [, with
34-21 approval of the department, exchange] a raptor to [with] another
34-22 holder of a falconer's permit or receive a raptor from another
34-23 holder of a falconer's permit [if there is no consideration for the
34-24 exchange other than the raptors exchanged].
34-25 (c) A [The] holder of a [general or master] falconer's
34-26 permit who qualifies as prescribed by commission rule may [arrange
34-27 for the] purchase [of legal] raptors [by correspondence or
35-1 telephone] from any legal source and may sell captive-bred raptors
35-2 to any person permitted to purchase captive-bred raptors [a
35-3 lawfully permitted person in another state where the sale of
35-4 raptors is lawful, provided, however, such raptors may not be
35-5 resold in this state].
35-6 SECTION 65. Section 49.014, Parks and Wildlife Code, is
35-7 amended to read as follows:
35-8 Sec. 49.014. POWERS OF DEPARTMENT. The department may:
35-9 (1) prescribe [reasonable] rules [and regulations] for
35-10 the taking, capture, possession, propagation, transportation,
35-11 export, import, and sale of [taking and possessing] raptors, time
35-12 and area from which raptors may be taken or captured, and species
35-13 that may be taken or captured;
35-14 (2) provide standards for possessing and housing
35-15 raptors held under a permit;
35-16 (3) prescribe annual reporting requirements and
35-17 procedures;
35-18 (4) prescribe eligibility requirements and fees for
35-19 and issue any falconry, raptor propagation, or nonresident trapping
35-20 permit; and
35-21 (5) require and regulate the identification of raptors
35-22 held by permit holders.
35-23 SECTION 66. Section 61.003, Parks and Wildlife Code, is
35-24 amended to read as follows:
35-25 Sec. 61.003. APPLICABILITY OF CHAPTER. This [Title 7 of
35-26 this code prescribes the counties, places, and wildlife resources
35-27 to which this] chapter applies to every county, place, and wildlife
36-1 resource in the state, except as otherwise provided by this code.
36-2 SECTION 67. Section 61.005, Parks and Wildlife Code, is
36-3 amended to read as follows:
36-4 Sec. 61.005. DEFINITIONS. In this chapter:
36-5 (1) ["Hunt" includes take, kill, pursue, trap, and the
36-6 attempt to take, kill, or trap.]
36-7 [(2)] "Wildlife resources" means all wild [game]
36-8 animals, wild [game] birds, and [marine animals, fish, and other]
36-9 aquatic animal life.
36-10 (2) [(3)] "Depletion" means the reduction of a species
36-11 below its immediate recuperative potential by any [deleterious]
36-12 cause.
36-13 (3) [(4)] "Waste" means the failure to provide for the
36-14 regulated harvest of surplus wildlife resources when that harvest
36-15 would allow, promote, or optimize a healthy and self-sustaining
36-16 population of a [supply of a species or one sex of a species in
36-17 sufficient numbers that a seasonal harvest will aid in the
36-18 reestablishment of a normal number of the] species.
36-19 [(5) "Daily bag limit" means the quantity of a species
36-20 of game that may be taken in one day.]
36-21 [(6) "Possession limit" means the maximum number of a
36-22 species of game that may be possessed at one time.]
36-23 SECTION 68. Section 61.022, Parks and Wildlife Code, is
36-24 amended to read as follows:
36-25 Sec. 61.022. TAKING WILDLIFE RESOURCES WITHOUT CONSENT OF
36-26 LANDOWNER PROHIBITED. No person may hunt or [,] catch by any means
36-27 or method [,] or possess a wildlife resource [game animal or game
37-1 bird, fish, marine animal, or other aquatic life] at any time and
37-2 at any place covered by this chapter unless the owner of the land
37-3 or water, or the owner's agent, consents.
37-4 SECTION 69. Subchapter B, Chapter 61, Parks and Wildlife
37-5 Code, is amended by adding Section 61.023 to read as follows:
37-6 Sec. 61.023. APPLYING CONTRACEPTIVES TO WILDLIFE RESOURCES.
37-7 No person may intentionally apply contraceptives to any vertebrate
37-8 wildlife resource unless the person first obtains written
37-9 authorization from the department.
37-10 SECTION 70. Section 61.051, Parks and Wildlife Code, is
37-11 amended to read as follows:
37-12 Sec. 61.051. DUTY TO INVESTIGATE AND STUDY CERTAIN WILDLIFE
37-13 RESOURCES. (a) The department shall conduct scientific studies
37-14 and investigations of all species of game animals, game birds, and
37-15 aquatic animal life [wildlife resources] to determine:
37-16 (1) supply;
37-17 (2) economic value;
37-18 (3) environments;
37-19 (4) breeding habits;
37-20 (5) sex ratios; and
37-21 (6) effects of [hunting, trapping, fishing, disease,
37-22 infestation, predation, agricultural pressure, and overpopulation;
37-23 and]
37-24 [(7)] any [other] factors or conditions causing
37-25 increases or decreases in supply.
37-26 (b) The studies and investigations may be made periodically
37-27 or continuously.
38-1 (c) The commission shall make findings of fact based on the
38-2 studies and investigations of the department.
38-3 SECTION 71. Section 61.052, Parks and Wildlife Code, is
38-4 amended to read as follows:
38-5 Sec. 61.052. GENERAL REGULATORY DUTY. (a) The commission
38-6 shall regulate the periods of time when it is lawful to hunt, take,
38-7 or possess game animals, game birds, or aquatic animal life
38-8 [wildlife resources] in or from the places covered by this chapter.
38-9 (b) The commission shall regulate the means, methods,
38-10 [manners,] and places in which it is lawful to hunt, take, or
38-11 possess game animals, game birds, or aquatic animal life [wildlife
38-12 resources] in or from the places covered by this chapter.
38-13 SECTION 72. Section 61.053, Parks and Wildlife Code, is
38-14 amended to read as follows:
38-15 Sec. 61.053. OPEN SEASONS. The commission shall provide
38-16 open seasons for the hunting, taking, or possession of game
38-17 animals, game birds, or aquatic animal life [wildlife resources] if
38-18 its investigations and findings of fact reveal that open seasons
38-19 may be safely provided or if the threat of waste requires an open
38-20 season to conserve game animals, game birds, or aquatic animal life
38-21 [wildlife resources].
38-22 SECTION 73. Section 61.054, Parks and Wildlife Code, is
38-23 amended to read as follows:
38-24 Sec. 61.054. PROCLAMATIONS OF THE COMMISSION. (a)
38-25 Regulation of the hunting, taking, or possession of game animals,
38-26 game birds, or aquatic animal life [wildlife resources] under this
38-27 chapter shall be by proclamation of the commission.
39-1 (b) A proclamation of the commission authorizing the
39-2 hunting, taking, or possession of game animals, game birds, or
39-3 aquatic animal life [wildlife resources] must specify:
39-4 (1) the species, quantity, age or size, and, to the
39-5 extent possible, the sex of the game animals, game birds, or
39-6 aquatic animal life [wildlife resources] authorized to be hunted,
39-7 taken, or possessed;
39-8 (2) the means or [,] method[, or manner] that may be
39-9 used to hunt, take, or possess the game animals, game birds, or
39-10 aquatic animal life [wildlife resources]; and
39-11 (3) the region, county, area, body of water, or
39-12 portion of a county where the game animals, game birds, or aquatic
39-13 animal life [wildlife resources] may be hunted, taken, or
39-14 possessed.
39-15 SECTION 74. Section 61.055(a), Parks and Wildlife Code, is
39-16 amended to read as follows:
39-17 (a) If the commission finds that there is a danger of
39-18 depletion or waste, it shall amend or revoke its proclamations to
39-19 prevent the depletion or waste and to provide to the people the
39-20 most equitable and reasonable privilege to hunt game animals or
39-21 game birds or catch aquatic animal life [pursue, take, possess, and
39-22 kill wildlife resources].
39-23 SECTION 75. Subchapter C, Chapter 61, Parks and Wildlife
39-24 Code, is amended by adding Section 61.058 to read as follows:
39-25 Sec. 61.058. YOUTH HUNTING AND FISHING. (a) The commission
39-26 may provide for special open seasons during which the taking and
39-27 possession of game animals and game birds are restricted to persons
40-1 under 17 years old.
40-2 (b) The commission may provide for special means and methods
40-3 for the taking and possession of aquatic animal life by persons
40-4 under 17 years old.
40-5 SECTION 76. Section 61.101(a), Parks and Wildlife Code, is
40-6 amended to read as follows:
40-7 (a) Before a proclamation of the commission may be adopted,
40-8 the department shall hold public hearings[:]
40-9 [(1)] in the county to be affected by the proclamation
40-10 if the director or the director's [his] designee receives a
40-11 petition for a public hearing signed by not less than 25 persons
40-12 who reside in the county[; and]
40-13 [(2) in at least five locations the director or his
40-14 designee considers necessary to ensure public participation].
40-15 SECTION 77. Section 61.205(d), Parks and Wildlife Code, is
40-16 amended to read as follows:
40-17 (d) The department may authorize the sale, trade, auction,
40-18 or donation of [A person may not sell or trade] a bighorn sheep
40-19 hunting permit if the proceeds of the sale, trade, auction, or
40-20 donation are used to restore, protect, or manage bighorn sheep [for
40-21 anything of value].
40-22 SECTION 78. Section 62.005, Parks and Wildlife Code, is
40-23 amended to read as follows:
40-24 Sec. 62.005. HUNTING WITH LIGHT. [(a)] No person may hunt
40-25 a game [an] animal or bird protected by this code with the aid of
40-26 [a headlight, hunting lamp, or other artificial light, including]
40-27 an artificial light that casts or reflects a beam of light onto or
41-1 otherwise illuminates the game animal or bird, including the
41-2 headlights of [attached to] a motor vehicle.
41-3 [(b) The possession of a headlight or hunting lamp used on
41-4 or about the head when hunting at night between sunset and one-half
41-5 hour before sunrise by a person hunting in an area where deer are
41-6 known to range constitutes prima facie evidence that the person was
41-7 violating this section.]
41-8 SECTION 79. Section 62.014(a)(2), Parks and Wildlife Code,
41-9 is amended to read as follows:
41-10 (2) "Archery equipment" means a long bow, recurved
41-11 bow, or compound bow [that is capable of shooting a hunting arrow
41-12 equipped with a broadhead hunting point for a distance of 130
41-13 yards].
41-14 SECTION 80. Sections 62.014(b), (c), and (d), Parks and
41-15 Wildlife Code, are amended to read as follows:
41-16 (b) The department may establish and administer a statewide
41-17 hunter education program. The program must include but is not
41-18 limited to instruction concerning:
41-19 (1) the safe handling and use of firearms, [and]
41-20 archery equipment, and crossbows;
41-21 (2) wildlife conservation and management;
41-22 (3) hunting laws and applicable rules and regulations;
41-23 and
41-24 (4) hunting safety and ethics, including landowners'
41-25 rights.
41-26 (c) The department shall issue a certificate to a person who
41-27 has successfully completed a hunter education course. The
42-1 department shall prescribe the form of the certificate.
42-2 (d) If funds are available for its implementation the
42-3 commission may establish a mandatory hunter education program and
42-4 may require a person to have successfully completed a training
42-5 course before the person may hunt with firearms, [or] archery
42-6 equipment as defined in Subsection (a) of this section, or
42-7 crossbows in Texas. If the certificate is so required, the person
42-8 must possess the certificate or other evidence of completion of the
42-9 program while hunting with firearms, [or] archery equipment as
42-10 defined in Subsection (a) of this section, or crossbows. The
42-11 commission may provide that residents or nonresidents who have
42-12 successfully completed the same or a comparable hunter education
42-13 course and possess a certificate or other evidence of completion
42-14 have satisfied the requirements imposed under this subsection. The
42-15 commission may establish a minimum age for participation in the
42-16 program. Those persons who cannot participate in the hunter
42-17 education program because they do not meet the minimum age or other
42-18 requirements established by the commission can only hunt with
42-19 firearms, [or] archery equipment as defined in Subsection (a) of
42-20 this section, or crossbows in Texas if they are accompanied by a
42-21 person who is 17 years of age or older and licensed to hunt in
42-22 Texas. Additionally, a person under 17 years of age hunting with a
42-23 person licensed to hunt in Texas who is 17 years of age or older is
42-24 not required to have certification under this Act.
42-25 The commission may implement the program by age group.
42-26 Persons who are 17 years of age or older on September 1, 1988, or
42-27 on the date on which a mandatory hunter education course is
43-1 implemented, whichever is later, are exempt from the requirements
43-2 imposed under this subsection.
43-3 The department is responsible for offering mandatory hunter
43-4 education courses that are accessible to those persons required to
43-5 take this course. To this end, the department shall provide hunter
43-6 education opportunities in each county of the state when a
43-7 substantial number of residents request a class or at least once a
43-8 year.
43-9 SECTION 81. Section 62.021, Parks and Wildlife Code, is
43-10 amended to read as follows:
43-11 Sec. 62.021. SALE OR PURCHASE OF CERTAIN GAME. (a) Except
43-12 as provided by Subsection (c), no [No] person may sell, offer for
43-13 sale, purchase, offer to purchase, or possess after purchase a wild
43-14 bird, [wild] game bird, or [wild] game animal, dead or alive, or
43-15 part of the bird or animal.
43-16 (b) This section applies only to a bird or animal protected
43-17 by this code without regard to whether the bird or animal is taken
43-18 or killed in this state.
43-19 (c) This section does not prohibit the sale of:
43-20 (1) a live game animal, a dead or live game bird, or
43-21 the feathers of a game bird if the sale is conducted under
43-22 authority of a license or permit issued under this code; or
43-23 (2) an inedible part, including the hide, antlers,
43-24 bones, hooves, or sinew of a deer. [Subsection (a) of this section
43-25 does not apply to deer hides.]
43-26 [(d) The commission by proclamation shall authorize and
43-27 regulate the sale, purchase, and possession after purchase of deer
44-1 antlers.]
44-2 SECTION 82. Section 62.029, Parks and Wildlife Code, is
44-3 amended to read as follows:
44-4 Sec. 62.029. RECORDS OF GAME IN COLD STORAGE OR PROCESSING
44-5 FACILITY. (a) As used in this section, "cold storage or
44-6 processing facility" has the meaning assigned by Section 42.001 [a
44-7 "public cold storage plant" is any plant in which game is stored
44-8 for a person other than the owner of the plant].
44-9 (b) The owner, [or] operator, or lessee of a [public] cold
44-10 storage or processing facility [plant] shall maintain a book
44-11 containing a record of:
44-12 (1) the name, address, and hunting license number of
44-13 each person who killed [placing] a game bird or game animal that is
44-14 placed in the facility [storage];
44-15 (2) the name and address of each person who places a
44-16 game bird or game animal in the facility, if different from the
44-17 person who killed the bird or animal;
44-18 (3) the number and kind of game birds or game animals
44-19 placed in the facility [storage]; and
44-20 (4) [(3)] the date on which each game bird or game
44-21 animal is placed in the facility [storage].
44-22 (c) The owner, operator, or lessee shall enter all
44-23 information into the book as required by this section before
44-24 placing in storage or processing any game animal or game bird.
44-25 (d) The cold storage or processing facility record book
44-26 shall be kept at the facility and [by the owner or operator of a
44-27 public cold storage plant] may be inspected by an authorized
45-1 employee of the department during business hours or at any other
45-2 reasonable time.
45-3 (e) Each cold storage or processing facility record book
45-4 shall be kept at the facility until the first anniversary of the
45-5 date of the last entry in the book.
45-6 SECTION 83. Section 62.030, Parks and Wildlife Code, is
45-7 amended to read as follows:
45-8 Sec. 62.030. POSSESSION OF GAME IN COLD STORAGE OR
45-9 PROCESSING FACILITY. A person may place and maintain, or possess,
45-10 in a cold storage or processing facility [public or private storage
45-11 plant, refrigerator, or locker] lawfully [taken or] killed game
45-12 birds and [,] game animals[, waterfowl, or migratory waterfowl] not
45-13 in excess of the number permitted to be possessed by law.
45-14 SECTION 84. Section 62.031, Parks and Wildlife Code, is
45-15 amended to read as follows:
45-16 Sec. 62.031. INSPECTIONS OF [STORAGE] FACILITIES. (a)
45-17 Authorized employees of the department may enter and inspect a
45-18 [public] cold storage or processing facility [plant] or other
45-19 place, including taxidermist shops and tanneries, where protected
45-20 wildlife are stored.
45-21 (b) In this section "protected wildlife" means game animals,
45-22 [and] game birds, [and] nongame animals, and nongame birds that
45-23 are the subject of any protective law or regulation of this state
45-24 or the United States.
45-25 (c) Inspections under this section may be made during normal
45-26 business hours or at any other reasonable time [when the facilities
45-27 are open to the public generally but may include areas within a
46-1 facility not generally open to the public].
46-2 SECTION 85. Section 62.082, Parks and Wildlife Code, is
46-3 amended to read as follows:
46-4 Sec. 62.082. TARGET RANGES AND MANAGED HUNTS. (a) The
46-5 Board of Directors of the Lower Colorado River Authority may lease
46-6 river authority land to be used on a nonprofit basis for a target
46-7 rifle or archery range [only and not for hunting].
46-8 (b) A member of the boy scouts or the girl scouts or other
46-9 nonprofit public service group or organization may possess and
46-10 shoot a firearm, bow, and crossbow for target or instructional
46-11 purposes under the supervision of a qualified instructor registered
46-12 with and approved by the Lower Colorado River Authority on ranges
46-13 designated by the Lower Colorado River Authority. [This subsection
46-14 does not permit hunting by any person.]
46-15 (c) The Board of Directors of the Lower Colorado River
46-16 Authority may authorize lawful hunting on Lower Colorado River
46-17 Authority lands, consistent with sound biological management
46-18 practices.
46-19 (d) Section 62.081 does not apply to an employee of the
46-20 Lower Colorado River Authority, a person authorized to hunt under
46-21 Subsection (c), or a peace officer as defined by Article 2.12, Code
46-22 of Criminal Procedure.
46-23 SECTION 86. Subchapter A, Chapter 63, Parks and Wildlife
46-24 Code, is amended by adding Section 63.002 to read as follows:
46-25 Sec. 63.002. POSSESSION OF LIVE GAME ANIMALS. No person may
46-26 possess a live game animal in this state for any purpose not
46-27 authorized by this code.
47-1 SECTION 87. Section 64.002, Parks and Wildlife Code, is
47-2 amended to read as follows:
47-3 Sec. 64.002. PROTECTION OF NONGAME BIRDS. (a) Except as
47-4 provided by [in this section, Chapter 67, or Section 12.013 of]
47-5 this code, no person may:
47-6 (1) catch, kill, injure, pursue, or possess, dead or
47-7 alive, or purchase, sell, expose for sale, transport, ship, or
47-8 receive or deliver for transportation, a bird that is not a game
47-9 bird;
47-10 (2) possess any part of the plumage, skin, or body of
47-11 a bird that is not a game bird; or
47-12 (3) disturb or destroy the eggs, nest, or young of a
47-13 bird that is not a game bird.
47-14 (b) European starlings, English sparrows, and [grackles,
47-15 ravens, red-winged blackbirds, cowbirds,] feral rock doves (Columba
47-16 livia)[, and crows] may be killed at any time and their nests or
47-17 eggs may be destroyed.
47-18 (c) A permit is not required to control yellow-headed,
47-19 red-winged, rusty, or Brewer's blackbirds or all grackles,
47-20 cowbirds, crows, or magpies when found committing or about to
47-21 commit depredations on ornamental or shade trees, agricultural
47-22 crops, livestock, or wildlife, or when concentrated in numbers and
47-23 in a manner that constitutes a health hazard or other nuisance.
47-24 (d) Canaries, parrots, and other exotic nongame birds may be
47-25 sold, purchased, and kept as domestic pets.
47-26 SECTION 88. Subchapter A, Chapter 64, Parks and Wildlife
47-27 Code, is amended by adding Section 64.007 to read as follows:
48-1 Sec. 64.007. POSSESSION OF LIVE GAME BIRDS. No person may
48-2 possess a live game bird in this state except as authorized by this
48-3 code.
48-4 SECTION 89. Section 64.022, Parks and Wildlife Code, is
48-5 amended to read as follows:
48-6 Sec. 64.022. AUTHORITY OF COMMISSION [DEPARTMENT]. The
48-7 commission [department] shall provide the open season[,] and means,
48-8 methods, and devices for the hunting [taking] and possessing of
48-9 migratory game birds and may delegate that authority to the
48-10 executive director.
48-11 SECTION 90. Sections 64.024(b) and (c), Parks and Wildlife
48-12 Code, are amended to read as follows:
48-13 (b) [A regulation issued by the department must be
48-14 incorporated in the minutes of the meeting at which it was adopted,
48-15 and a copy of the regulation must be filed with the secretary of
48-16 state and each county clerk and county attorney.]
48-17 [(c)] The commission may adopt an emergency regulation
48-18 governing the hunting [taking] or possession of migratory game
48-19 birds if the commission finds that an emergency condition affecting
48-20 the supply or condition of migratory game birds exists.
48-21 SECTION 91. Section 64.026, Parks and Wildlife Code, is
48-22 amended to read as follows:
48-23 Sec. 64.026. PROHIBITED ACTS. No person may hunt or possess
48-24 a migratory game bird by any means or method [or device] except as
48-25 provided by regulation issued under this code [subchapter].
48-26 SECTION 92. Section 65.001, Parks and Wildlife Code, is
48-27 amended to read as follows:
49-1 Sec. 65.001. DEFINITIONS. In this chapter:
49-2 (1) "Alligator" means a living or dead American
49-3 alligator (Alligator mississippiensis).
49-4 (2) ["Alligator buyer" means a person who buys
49-5 alligators, alligator hides, or any part of an alligator.]
49-6 [(3)] "Alligator hunter" means a person who takes an
49-7 alligator, an alligator egg, [dead or live alligators] or any part
49-8 of an alligator.
49-9 (3) [(4)] "Possess" means the act of having in
49-10 possession or control, keeping, detaining, restraining, or holding
49-11 as owner or as agent, bailee, or custodian for another.
49-12 (4) [(5)] "Take" means the act of hooking, netting,
49-13 snaring, trapping, pursuing, shooting, killing, [or] capturing, or
49-14 collecting by any means or device and includes the attempt to take
49-15 by the use of any method.
49-16 (5) [(6)] "Resident" means an individual who has
49-17 resided continuously in this state during the [for more than] six
49-18 months preceding the individual's application [immediately before
49-19 applying] for any [an alligator hunter's or alligator buyer's]
49-20 license or permit issued under this chapter.
49-21 (6) [(7)] "Nonresident" means an individual who is not
49-22 a resident.
49-23 SECTION 93. Section 65.003, Parks and Wildlife Code, is
49-24 amended to read as follows:
49-25 Sec. 65.003. REGULATIONS. (a) The commission may regulate
49-26 by proclamation the taking, possession, propagation,
49-27 transportation, exportation, importation, sale, and offering for
50-1 sale of alligators, alligator eggs, or any part of an alligator
50-2 that the commission considers necessary to manage this species.
50-3 (b) The regulations of the commission under this chapter may
50-4 provide for:
50-5 (1) permit application forms, fees, and procedures;
50-6 (2) hearing procedures;
50-7 (3) the periods of time when it is lawful to take,
50-8 possess, sell, or purchase alligators, alligator hides, alligator
50-9 eggs, or any part of an alligator; [and]
50-10 (4) limits, size, means, methods, [manner,] and places
50-11 in which it is lawful to take or possess alligators, alligator
50-12 hides, alligator eggs, or any part of an alligator; and
50-13 (5) control of nuisance alligators.
50-14 SECTION 94. Section 65.005, Parks and Wildlife Code, is
50-15 amended to read as follows:
50-16 Sec. 65.005. POSSESSION. [(a)] No person may take, sell,
50-17 purchase, or possess an alligator, [the egg of] an alligator egg,
50-18 or any part of an alligator in this state except as permitted by
50-19 the regulations of the commission.
50-20 [(b) This chapter does not prohibit consumers from
50-21 purchasing or possessing goods processed or manufactured from
50-22 alligators that have been taken in accordance with the law.]
50-23 SECTION 95. Section 65.006, Parks and Wildlife Code, is
50-24 amended to read as follows:
50-25 Sec. 65.006. LICENSE REQUIRED. (a) No person may take,
50-26 attempt to take, or possess[, or accompany another person who is
50-27 attempting to take] an alligator in this state [during the open
51-1 season established by the commission for taking alligators] unless
51-2 the person [he] has acquired and possesses an alligator hunter's
51-3 license.
51-4 (b) No [Except as provided by Section 65.005(b) of this
51-5 code, no] person for any purpose may possess, purchase, or possess
51-6 after purchase an alligator, an alligator hide, an alligator egg,
51-7 or any part of an alligator taken in this state unless:
51-8 (1) the person [he] has acquired and possesses a
51-9 permit issued by the department for that purpose; or
51-10 (2) a regulation of the commission otherwise allows
51-11 the possession or purchase without a permit [an alligator buyer's
51-12 license].
51-13 SECTION 96. Section 65.007, Parks and Wildlife Code, is
51-14 amended to read as follows:
51-15 Sec. 65.007. LICENSE FEES. The fees for the licenses issued
51-16 under this chapter are in the following amounts or in amounts set
51-17 by the commission, whichever amounts are more:
51-18 (1) $25 for a resident alligator hunter's license; and
51-19 (2) [$150 for a resident alligator buyer's license;]
51-20 [(3)] $50 for a nonresident alligator hunter's
51-21 license[; and]
51-22 [(4) $300 for a nonresident alligator buyer's
51-23 license].
51-24 SECTION 97. Section 66.002(a), Parks and Wildlife Code, is
51-25 amended to read as follows:
51-26 (a) No person may catch, take, or attempt to catch or take
51-27 any aquatic animal life [fish] by any means or method from [the use
52-1 of a net or seine or explosive or by poisoning, polluting,
52-2 muddying, ditching, or draining in] any privately owned waters
52-3 [lake, pool, or pond] without the consent of the landowner or the
52-4 landowner's agent [owner].
52-5 SECTION 98. Section 66.003(b), Parks and Wildlife Code, is
52-6 amended to read as follows:
52-7 (b) Subsection (a) of this section does not apply to the use
52-8 of explosives necessary for construction purposes when the use is
52-9 authorized in writing by the department [county judge of the county
52-10 where the work is to be done].
52-11 SECTION 99. Section 66.014(a), Parks and Wildlife Code, is
52-12 amended to read as follows:
52-13 (a) No person may transport any aquatic product for
52-14 commercial purposes unless the person clearly identifies the motor
52-15 vehicle, trailer, or semitrailer as a vehicle that carries aquatic
52-16 products. The commission shall prescribe by proclamation the
52-17 identification requirements for a motor vehicle, trailer, or
52-18 semitrailer transporting aquatic products, and the commission may
52-19 prescribe that the identification shall list the state of origin of
52-20 the aquatic products. In this subsection, "motor vehicle,"
52-21 "trailer," and "semitrailer" ["semitrailer,"] have the meanings
52-22 assigned [meaning given those terms] by Section 541.201,
52-23 Transportation Code [the Uniform Act Regulating Traffic on Highways
52-24 (Article 6701d, Vernon's Texas Civil Statutes)].
52-25 SECTION 100. Section 66.015(d), Parks and Wildlife Code, is
52-26 amended to read as follows:
52-27 (d) Subsection (b) of this [This] section does not apply to
53-1 native, nongame fish as defined by the commission, except in waters
53-2 designated by the commission where threatened or endangered fish
53-3 are present.
53-4 SECTION 101. Section 66.109(a), Parks and Wildlife Code, is
53-5 amended to read as follows:
53-6 (a) The department [commissioners court of each county], by
53-7 written order, may require the owner of a public or private dam or
53-8 other obstruction on a regularly flowing public freshwater stream
53-9 to construct or repair fishways or fish ladders sufficient to allow
53-10 fish in all seasons to ascend or descend the dam or other
53-11 obstruction for the purpose of depositing spawn.
53-12 SECTION 102. Section 66.2011, Parks and Wildlife Code, is
53-13 amended to read as follows:
53-14 Sec. 66.2011. RED DRUM AND SPECKLED SEA TROUT: PENALTIES
53-15 [DAILY CATCH AND RETENTION LIMITS]. [(a) No person may:]
53-16 [(1) catch and retain in one day more than 10 red
53-17 drum;]
53-18 [(2) possess at one time more than 20 red drum;]
53-19 [(3) possess at one time more than two red drum longer
53-20 than 35 inches; or]
53-21 [(4) catch and retain a red drum shorter than 14
53-22 inches.]
53-23 [(b) No person may:]
53-24 [(1) catch and retain in one day more than 20 speckled
53-25 sea trout;]
53-26 [(2) possess at one time more than 40 speckled sea
53-27 trout; or]
54-1 [(3) catch and retain a speckled sea trout shorter
54-2 than 12 inches.]
54-3 [(c) Daily catch, retention, and size limits for redfish and
54-4 speckled sea trout set by the commission under the Wildlife
54-5 Conservation Act of 1983 (Chapter 61 of this code) prevail over the
54-6 limits under this section. If the commission does not set catch,
54-7 retention, and size limits for redfish and speckled sea trout under
54-8 the conservation Act, this section applies.]
54-9 [(d)] In addition to the penalty provided in Section 66.218
54-10 [of this code], a person who violates [this section or] a
54-11 proclamation issued under [this section or under] Chapter 61 shall
54-12 have all equipment, other than vessels, in the person's [his]
54-13 possession used for the taking of red drum or speckled sea trout
54-14 confiscated. A person who violates [this section or] a
54-15 proclamation issued under [this section or under] Chapter 61 three
54-16 or more times within a five-year period shall have all equipment,
54-17 including vessels, in the person's [his] possession used for the
54-18 taking of redfish or speckled sea trout confiscated.
54-19 SECTION 103. Sections 66.2012(d)-(f), Parks and Wildlife
54-20 Code, are amended to read as follows:
54-21 (d) A proclamation of the commission under this section
54-22 prevails over any conflicting provision of Section 66.020 [Sections
54-23 66.201 and 66.2011 of this code] to the extent of the conflict and
54-24 only during the period that the proclamation is in effect.
54-25 (e) This section does not apply to activities that are
54-26 regulated under the exceptions provided by Subdivisions (1), (2),
54-27 and (3) of Section 66.020(b) [66.201(e) of this code] or under
55-1 Subsections (f) and (g) of that section.
55-2 (f) A person who violates a proclamation issued under
55-3 Subsection (a) [of this section] is guilty of an offense and is
55-4 punishable for the first and subsequent offenses by the penalties
55-5 prescribed by Sections 66.2011 [66.2011(d)] and 66.218 [of this
55-6 code].
55-7 SECTION 104. Section 67.001, Parks and Wildlife Code, is
55-8 amended to read as follows:
55-9 Sec. 67.001. DEFINITION[; REGULATIONS]. [(a)] In this
55-10 chapter, "nongame" means those species of vertebrate and
55-11 invertebrate wildlife indigenous to Texas[, and elk east of the
55-12 Pecos,] that are not classified as game animals, game birds, game
55-13 fish, fur-bearing animals, endangered species, alligators, marine
55-14 penaeid shrimp, or oysters.
55-15 [(b) The commission by regulation shall establish any
55-16 limitations on the taking, possession, transportation, exportation,
55-17 sale, and offering for sale of nongame fish and wildlife that the
55-18 department considers necessary to manage these species.]
55-19 SECTION 105. Section 67.004, Parks and Wildlife Code, is
55-20 amended to read as follows:
55-21 Sec. 67.004. ISSUANCE OF REGULATIONS. (a) The commission
55-22 by regulation shall establish any limits on the taking, possession,
55-23 propagation, transportation, importation, exportation, sale, or
55-24 offering for sale of nongame fish or wildlife that the department
55-25 considers necessary to manage the species.
55-26 (b) The regulations shall state the name of the species or
55-27 subspecies, by common and scientific name, that the department
56-1 determines to be in need of management under this chapter.
56-2 [(b) The department shall conduct a public hearing on all
56-3 proposed regulations and shall publish notice of the hearing in at
56-4 least three major newspapers of general circulation in this state
56-5 at least one week before the date of the hearing.]
56-6 [(c) The department shall solicit comments on the proposed
56-7 regulations at the public hearing and by other means.]
56-8 [(d) On the basis of the information received at the hearing
56-9 or by other means, the department may modify a proposed regulation.]
56-10 [(e) Regulations become effective 60 days after the date
56-11 they are proposed unless withdrawn by the department.]
56-12 SECTION 106. Section 67.0041, Parks and Wildlife Code, is
56-13 amended to read as follows:
56-14 Sec. 67.0041. REGULATIONS AND PERMITS. (a) The department
56-15 may issue permits for the taking, possession, propagation,
56-16 transportation, sale, importation, or exportation of a nongame
56-17 species of fish or wildlife if necessary to properly manage that
56-18 species.
56-19 (b) The department may charge a fee for a permit issued
56-20 under this section [for a commercial activity]. The fee shall be
56-21 set by the commission.
56-22 SECTION 107. Sections 68.014 and 68.015, Parks and Wildlife
56-23 Code, are amended to read as follows:
56-24 Sec. 68.014. REGULATIONS. The department shall make
56-25 regulations necessary to administer the provisions of this chapter
56-26 and to attain its objectives, including regulations to govern:
56-27 (1) permit application forms, fees, and procedures;
57-1 (2) hearing procedures;
57-2 (3) procedures for identifying endangered fish and
57-3 wildlife or goods made from endangered fish or wildlife which may
57-4 be possessed, propagated, or sold under this chapter; [and]
57-5 (4) publication and distribution of lists of species
57-6 and subspecies of endangered fish or wildlife and their products;
57-7 and
57-8 (5) limitations on the capture, trapping, taking, or
57-9 killing, or attempting to capture, trap, take, or kill, and the
57-10 possession, transportation, exportation, sale, and offering for
57-11 sale of endangered species.
57-12 Sec. 68.015. PROHIBITED ACTS. (a) No person may capture,
57-13 trap, take, or kill, or attempt to capture, trap, take, or kill,
57-14 endangered fish or wildlife.
57-15 (b) No person may possess, sell, distribute, or offer or
57-16 advertise for sale endangered fish or wildlife unless the fish or
57-17 wildlife have been lawfully born and raised in captivity for
57-18 commercial purposes under the provisions of this chapter.
57-19 (c) [(b)] No person may possess, sell, distribute, or offer
57-20 or advertise for sale any goods made from endangered fish or
57-21 wildlife unless:
57-22 (1) the goods were made from fish or wildlife that
57-23 were born and raised in captivity for commercial purposes under the
57-24 provisions of this chapter; or
57-25 (2) the goods were made from fish or wildlife lawfully
57-26 taken in another state and the person presents documented evidence
57-27 to the department to substantiate that fact.
58-1 (d) [(c)] No person may sell, advertise, or offer for sale
58-2 any species of fish or wildlife not classified as endangered under
58-3 the name of any endangered fish or wildlife.
58-4 SECTION 108. Sections 71.005(b)-(d), Parks and Wildlife
58-5 Code, are amended to read as follows:
58-6 (b) Except as provided by commission regulation, no [No]
58-7 person may purchase, [or] possess after purchase, or transport for
58-8 commercial purposes a pelt or carcass taken in this state unless
58-9 the person [he] has acquired and possesses a retail fur buyer's or
58-10 wholesale fur dealer's license.
58-11 (c) No person may capture [take] or possess a live
58-12 fur-bearing animal for any [the] purpose, except as otherwise
58-13 authorized by this code, [of propagation or sale] unless he has
58-14 acquired and possesses a fur-bearing animal propagation license.
58-15 (d) A person who possesses a hunting license [and is engaged
58-16 in a lawful hunting activity for any species other than fur-bearing
58-17 animals] may take and possess a fur-bearing animal if:
58-18 (1) neither the fur-bearing animal nor any part of
58-19 that animal is taken for the purpose of sale, barter, or exchange;
58-20 and
58-21 (2) the number of fur-bearing animals taken does not
58-22 exceed the daily bag limit or possession limit set by commission
58-23 regulation.
58-24 SECTION 109. Section 76.1031(b), Parks and Wildlife Code, is
58-25 amended to read as follows:
58-26 (b) All licenses issued under the authority of this chapter
58-27 [Chapter 76 of this code] may not be transferred to another person
59-1 or vessel except as provided by this subsection. A license issued
59-2 under the authority of Section 76.101(c) may be transferred to
59-3 another vessel or to a new owner of the same vessel. The
59-4 commission, by regulation, may prescribe requirements necessary to
59-5 clarify license transfer procedures and may prescribe, by
59-6 regulation, forms to be used and fees to be charged for transfer of
59-7 licenses in this chapter and for duplicate license plates or
59-8 duplicate or replacement licenses.
59-9 SECTION 110. Section 76.116, Parks and Wildlife Code, is
59-10 amended to read as follows:
59-11 Sec. 76.116. OYSTERS FROM RESTRICTED [POLLUTED] AREAS.
59-12 (a) There is no open season for taking oysters from areas closed
59-13 [declared to be polluted] by the Texas [State] Department of
59-14 Health[, and a person who takes oysters from such an area violates
59-15 Section 76.108(a) of this code].
59-16 (b) The department may authorize by permit the transplanting
59-17 of oysters from restricted areas or other areas designated by the
59-18 department [polluted areas] to private oyster leases.
59-19 (c) A person removing oysters from a restricted area or
59-20 other area designated by the department [polluted areas] without a
59-21 permit shall replace the oysters in the beds from which they were
59-22 taken as directed by authorized employees of the department.
59-23 SECTION 111. Section 77.020, Parks and Wildlife Code, is
59-24 amended to read as follows:
59-25 Sec. 77.020. PENALTY. (a) A person who violates a provision
59-26 of this chapter except Section 77.024 or 77.061(a)(1) or who
59-27 violates a regulation adopted under this chapter [of this code]
60-1 commits an offense that is a Class C Parks and Wildlife Code
60-2 misdemeanor.
60-3 (b) If it is shown at the trial of the defendant that the
60-4 person [he] has been convicted once within five years before the
60-5 trial date of a violation of a provision of this chapter except
60-6 Section 77.024 or 77.061(a)(1) [of this code], or of a regulation
60-7 adopted under this chapter, the person [he] is guilty of a Class B
60-8 Parks and Wildlife Code misdemeanor.
60-9 (c) If it is shown at the trial of the defendant that the
60-10 person [he] has been convicted two or more times within five years
60-11 before the trial date of a violation of a provision of this
60-12 chapter except Section 77.024 or 77.061(a)(1) [of this code], or of
60-13 a regulation adopted under this chapter, the person [he] is guilty
60-14 of a Class A Parks and Wildlife Code misdemeanor.
60-15 SECTION 112. Section 77.0361, Parks and Wildlife Code, is
60-16 amended by amending Subsection (b) and adding Subsection (c) to
60-17 read as follows:
60-18 (b) All licenses issued under the authority of this chapter
60-19 [Chapter 77 of this code] may not be transferred to another person
60-20 or vessel except as provided by Subsection (c) [this subsection] or
60-21 by Section 77.113. A license issued under the authority of
60-22 Section 77.043 in the name of a business remains valid for the
60-23 business location specified on the license if a change of ownership
60-24 or business name occurs. A license issued under the authority of
60-25 Section 77.035 may be transferred to another vessel or to the new
60-26 owner of the same vessel.
60-27 (c) The commission, by regulation [rule], may prescribe
61-1 requirements necessary for license transfers and may prescribe, by
61-2 regulation [rule], forms to be used and fees to be charged for
61-3 transfers of licenses in this chapter, [and] for duplicate license
61-4 plates, or for [and/or] duplicate or replacement licenses.
61-5 SECTION 113. Section 77.037, Parks and Wildlife Code, is
61-6 amended to read as follows:
61-7 Sec. 77.037. TRANSFER OF LICENSE. A commercial gulf shrimp
61-8 boat license issued under this subchapter may be transferred on the
61-9 application of the licensee from a boat that has been destroyed or
61-10 lost to a boat acquired by the licensee as a replacement. The
61-11 commission, by regulation, may prescribe requirements necessary to
61-12 clarify license transfer procedures and may prescribe, by
61-13 regulation, forms to be used and fees to be charged for transfer of
61-14 licenses authorized by this subsection.
61-15 SECTION 114. Section 77.044(b), Parks and Wildlife Code, is
61-16 amended to read as follows:
61-17 (b) A bait-shrimp dealer's license may not be held by a
61-18 person who also holds a wholesale fish dealer's [shrimp house
61-19 operator's] license.
61-20 SECTION 115. The heading to Subchapter E, Chapter 81, Parks
61-21 and Wildlife Code, is amended to read as follows:
61-22 SUBCHAPTER E. WILDLIFE MANAGEMENT AREAS AND PUBLIC HUNTING LANDS
61-23 SECTION 116. Section 81.402, Parks and Wildlife Code, is
61-24 amended to read as follows:
61-25 Sec. 81.402. REGULATION OF HUNTING AND FISHING. (a) The
61-26 executive director [department] may prohibit hunting and fishing in
61-27 wildlife [game] management areas or public hunting lands to protect
62-1 any species of wildlife or fish.
62-2 (b) [The department from time to time, as sound biological
62-3 management permits, and until August 31, 1995, may allow open
62-4 seasons for hunting and fishing.]
62-5 [(c)] During an open season in wildlife management areas or
62-6 public hunting lands, the executive director [department] may
62-7 prescribe the number, kind, sex, and size of game or fish that may
62-8 be taken.
62-9 (c) [(d)] The executive director [department] may prescribe
62-10 the means, methods, and conditions for the taking of game or fish
62-11 during an open season in wildlife management areas or public
62-12 hunting lands.
62-13 (d) As [(e) After August 31, 1995, and as] sound biological
62-14 management permits, the commission may [only] prescribe an open
62-15 season for hunting after it has established a classification system
62-16 for such areas in accordance with Section 13.001(b) [of this code].
62-17 SECTION 117. Section 81.403, Parks and Wildlife Code, is
62-18 amended by amending Subsection (a) and adding Subsection (e) to
62-19 read as follows:
62-20 (a) Except as provided in Subsections [Subsection] (b) and
62-21 (e) [of this section], permits for hunting of wildlife or for any
62-22 other use in wildlife [on game] management areas shall be issued
62-23 by the department to applicants by means of a fair method of
62-24 distribution subject to limitations on the maximum number of
62-25 permits to be issued.
62-26 (e) The department may authorize and accept multiple
62-27 applications for special hunting permits, programs, packages, or
63-1 events.
63-2 SECTION 118. Section 47.02(c), Penal Code, is amended to
63-3 read as follows:
63-4 (c) It is a defense to prosecution under this section that
63-5 the actor reasonably believed that the conduct:
63-6 (1) was permitted under the Bingo Enabling Act
63-7 (Article 179d, Vernon's Texas Civil Statutes);
63-8 (2) was permitted under the Charitable Raffle Enabling
63-9 Act (Article 179f, Revised Statutes);
63-10 (3) consisted entirely of participation in the state
63-11 lottery authorized by the State Lottery Act (Chapter 466,
63-12 Government Code);
63-13 (4) was permitted under the Texas Racing Act (Article
63-14 179e, Vernon's Texas Civil Statutes); or
63-15 (5) consisted entirely of participation in a drawing
63-16 for the opportunity to participate in a hunting, fishing, or other
63-17 recreational event conducted by [privileges authorized under] the
63-18 Parks and Wildlife Department [Code].
63-19 SECTION 119. The following provisions of the Parks and
63-20 Wildlife Code are repealed: Sections 11.0161(b), 12.004(a), 12.007,
63-21 12.012, 12.014, 12.016, 12.022, 12.023, 12.111, 13.0011, 13.0012,
63-22 and 13.111; Subchapter E, Chapter 23; Sections 41.001, 41.002,
63-23 41.007, 43.046, 43.048, 43.0485, 43.0761, 43.0765, 44.0135, 46.107,
63-24 47.036, 49.004, 49.0045, 49.0047, 49.005-49.009, 49.013, 61.004,
63-25 61.105, 61.203, 62.027, 62.028, 66.112, 66.302, 76.010, 76.011,
63-26 76.013, 76.014, 76.018, 76.034, 76.105, 76.108, 76.110, 76.111,
63-27 76.112(a), 76.113, 77.001(9), 77.005, 77.012, 77.013,
64-1 77.016-77.019, 77.038, 77.041, 77.042, 77.047, 77.063(a),
64-2 77.064-77.070; Subchapter E, Chapter 77; Sections 81.002 and
64-3 81.201-81.205; Subchapter A, Chapter 82; Subchapter A, Chapter
64-4 114; Subchapter A, Chapter 130; Subchapter A, Chapter 131;
64-5 Subchapter A, Chapter 134; Subchapter A, Chapter 136; Subchapter A,
64-6 Chapter 143; Subchapter A, Chapter 192; Subchapter A, Chapter 202;
64-7 Subchapter A, Chapter 216; Subchapters A and B, Chapter 223;
64-8 Section 223.022; Subchapter A, Chapter 237; Subchapters A and D,
64-9 Chapter 246; Subchapter A, Chapter 258; Subchapter A, Chapter 272;
64-10 Subchapter A, Chapter 283; Section 355.003; and Chapters 101-113,
64-11 115-129, 132, 133, 135, 137-142, 144-191, 193-201, 203-215,
64-12 217-222, 224-236, 238-245, 247-257, 259-271, 273-282, and 284-354.
64-13 SECTION 120. This Act takes effect September 1, 1997.
64-14 SECTION 121. (a) A change in law made by this Act that
64-15 relates to an offense or penalty applies only to an offense
64-16 committed on or after September 1, 1997. For purposes of this
64-17 section, an offense is committed before September 1, 1997, if any
64-18 element of the offense occurs before that date.
64-19 (b) An offense committed before September 1, 1997, is
64-20 covered by the law in effect when the offense was committed, and
64-21 the former law is continued in effect for that purpose.
64-22 SECTION 122. A rule adopted by the Parks and Wildlife
64-23 Commission before September 1, 1997, is not invalid because the
64-24 rule conflicts with a provision of the Parks and Wildlife Code that
64-25 was in effect at the time the rule was adopted and that is repealed
64-26 by this Act. A rule adopted before September 1, 1997, that
64-27 conflicts with a provision in effect at the time the rule was
65-1 adopted and repealed by this Act may not take effect before
65-2 September 1, 1997.
65-3 SECTION 123. The importance of this legislation and the
65-4 crowded condition of the calendars in both houses create an
65-5 emergency and an imperative public necessity that the
65-6 constitutional rule requiring bills to be read on three several
65-7 days in each house be suspended, and this rule is hereby suspended.