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.