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 B, Chapter 11, Parks and Wildlife
1-19 Code, is amended by adding Section 11.0181 to read as follows:
1-20 Sec. 11.0181. EMPLOYEES AS EDUCATORS AND OUTREACH
1-21 PROPONENTS. (a) Employees of the department through education and
1-22 outreach shall:
1-23 (1) expand the wise use and conservation of fish and
1-24 wildlife resources; and
2-1 (2) increase the participation in outdoor recreation,
2-2 including recreational activities in urban areas consistent with
2-3 the mission and goals of the department.
2-4 (b) The department may use money from any of the
2-5 department's special accounts to pay for education and outreach
2-6 activities performed by department employees or to provide grants
2-7 for education and outreach activities to be performed by other
2-8 entities.
2-9 SECTION 4. Subchapter B, Chapter 11, Parks and Wildlife
2-10 Code, is amended by adding Section 11.0261 to read as follows:
2-11 Sec. 11.0261. PROHIBITION AGAINST ACCEPTANCE OF GIFTS,
2-12 GRATUITIES, AND OTHER THINGS OF VALUE. A person who is a member of
2-13 the commission or an employee of the department may not accept a
2-14 gift, gratuity, or other thing of value, including travel, from a
2-15 person who:
2-16 (1) is employed by or participates in the management
2-17 of a business entity or other organization that receives funds from
2-18 the department;
2-19 (2) owns or controls, directly or indirectly, more
2-20 than a 10 percent interest in a business entity or other
2-21 organization that receives funds from the department;
2-22 (3) is a person a significant portion of whose
2-23 business consists of furnishing goods or services to an entity or
2-24 organization described by Subdivision (1) or (2); or
2-25 (4) is an agent, representative, attorney, employee,
2-26 officer, owner, director, or partner of an entity, organization, or
2-27 person described by Subdivision (1), (2), or (3).
3-1 SECTION 5. Section 11.027, Parks and Wildlife Code, is
3-2 amended by adding Subsection (e) to read as follows:
3-3 (e) The commission by rule may establish and provide for the
3-4 collection of a fee for entering, reserving, or using a facility or
3-5 property owned or managed by the department.
3-6 SECTION 6. Subchapter B, Chapter 11, Parks and Wildlife
3-7 Code, is amended by adding Section 11.0272 to read as follows:
3-8 Sec. 11.0272. PUBLIC FISHING AND SPECIAL EVENTS DRAWING;
3-9 FEES. (a) The department may conduct public drawings to select
3-10 applicants for public fishing or other special events privileges.
3-11 The department may charge each person who participates in the
3-12 drawing a nonrefundable participation fee in addition to any fee
3-13 for issuing a permit or fishing license. The participation fee
3-14 shall be set by the commission in an amount sufficient to pay the
3-15 costs of operating the drawing.
3-16 (b) The commission may approve participation fees, not to
3-17 exceed $25 per species or event for each participant on an
3-18 application, in drawings for special fishing or other special
3-19 programs, packages, or events the costs of which exceed the costs
3-20 of operating the drawing only if the receipts from fees charged are
3-21 designated for use in the management and restoration efforts of the
3-22 specific fishery or resource program implementing each special
3-23 fishing or other special program, package, or event.
3-24 SECTION 7. Section 11.033, Parks and Wildlife Code, is
3-25 amended to read as follows:
3-26 Sec. 11.033. Use of Game, Fish, and Water Safety Account.
3-27 Money in the game, fish, and water safety account may be used for
4-1 the following purposes:
4-2 (1) enforcement of fish, shrimp, and oyster laws, game
4-3 laws, and laws pertaining to sand, shell, and gravel;
4-4 (2) dissemination of information pertaining to marine
4-5 life, wild animal life, wildlife values, and wildlife management;
4-6 (3) scientific investigation and survey of marine life
4-7 for the better protection and conservation of marine life;
4-8 (4) establishment and maintenance of fish hatcheries,
4-9 fish sanctuaries, tidal water fish passes, wildlife management
4-10 areas, and public hunting grounds;
4-11 (5) propagation and distribution of marine life, game
4-12 animals, and wild birds;
4-13 (6) protection of wild birds, fish, and game;
4-14 (7) purchase, repair, and operation of boats and
4-15 dredges;
4-16 (8) research, management, and protection of the fish
4-17 and wildlife resources of this state, including alligators and
4-18 fur-bearing animals;
4-19 (9) salaries of employees and other expenses necessary
4-20 to carry out the duties of the department under laws relating to
4-21 fish, shrimp, oysters, game, water safety, and sand, shell, and
4-22 gravel;
4-23 (10) expansion and development of additional
4-24 opportunities of hunting and fishing in state-owned land and water;
4-25 (11) removing rough fish from public water;
4-26 (12) [construction and maintenance of artificial reefs
4-27 under Section 12.016 of this code;]
5-1 [(13)] administration and enforcement of the water
5-2 safety laws as set out in Chapter 31 [of this code];
5-3 (13) [(14)] purchasing all necessary forms and
5-4 supplies, including reimbursement of the department for any
5-5 material produced by its existing facilities or work performed by
5-6 other divisions of the department;
5-7 (14) [(15)] purchase, construction, and maintenance of
5-8 boat ramps on or near public waters as provided in Chapter 31 [of
5-9 this code];
5-10 (15) [(16)] resource protection activities; and
5-11 (16) [(17)] any other use provided by law.
5-12 SECTION 8. Section 12.010, Parks and Wildlife Code, is
5-13 amended to read as follows:
5-14 Sec. 12.010. NOXIOUS VEGETATION PROGRAM. The department may
5-15 contract with a person not employed by the department or use the
5-16 services of department personnel for the control [eradication] of
5-17 noxious vegetation in [from] the water of this state.
5-18 SECTION 9. Section 12.013, Parks and Wildlife Code, is
5-19 amended to read as follows:
5-20 Sec. 12.013. POWER TO TAKE WILDLIFE. An employee of the
5-21 [The] department acting within the scope of the employee's
5-22 authority may take, transport, release, and manage any of the
5-23 wildlife and fish in this state for investigation, propagation,
5-24 distribution, education, or scientific purposes. [It is a defense
5-25 in any prosecution of an employee of the department for a violation
5-26 of any law for the protection of wildlife or fish that the employee
5-27 was acting within the scope of this authority.]
6-1 SECTION 10. Sections 12.114(b) and (c), Parks and Wildlife
6-2 Code, are amended to read as follows:
6-3 (b) If the person is a resident as defined by Subdivision
6-4 (1) of Section 42.001 of this code, "driver's license" and
6-5 "personal identification certificate" have the meanings assigned
6-6 [provided] by Chapter 521, Transportation Code [Subdivisions (1)
6-7 and (4), Section 1, Chapter 173, Acts of the 47th Legislature,
6-8 Regular Session, 1941 (Article 6687b, Vernon's Texas Civil
6-9 Statutes)].
6-10 (c) If the person is a nonresident as defined by
6-11 [Subdivision (3) of] Section 42.001 [of this code], "driver's
6-12 license" and "personal identification certificate" mean those
6-13 documents that are similar to those defined in Subsection (b) [of
6-14 this section] and that are issued by the agency in the state or
6-15 country of which the person is a resident that is authorized to
6-16 issue driver's licenses or personal identification certificates.
6-17 SECTION 11. Section 12.404, Parks and Wildlife Code, is
6-18 amended to read as follows:
6-19 Sec. 12.404. CLASS A PARKS AND WILDLIFE CODE MISDEMEANOR.
6-20 An individual adjudged guilty of a Class A Parks and Wildlife Code
6-21 misdemeanor shall be punished by:
6-22 (1) a fine of not less than $500 nor more than $4,000
6-23 [$2,000];
6-24 (2) confinement in jail for a term not to exceed one
6-25 year; or
6-26 (3) both such fine and imprisonment.
6-27 SECTION 12. Section 12.405, Parks and Wildlife Code, is
7-1 amended to read as follows:
7-2 Sec. 12.405. CLASS B PARKS AND WILDLIFE CODE MISDEMEANOR.
7-3 An individual adjudged guilty of a Class B Parks and Wildlife Code
7-4 misdemeanor shall be punished by:
7-5 (1) a fine of not less than $200 nor more than $2,000
7-6 [$1,000];
7-7 (2) confinement in jail for a term not to exceed 180
7-8 days; or
7-9 (3) both such fine and imprisonment.
7-10 SECTION 13. Section 12.407, Parks and Wildlife Code, is
7-11 amended to read as follows:
7-12 Sec. 12.407. PARKS AND WILDLIFE CODE FELONY. (a) An
7-13 individual adjudged guilty of a Parks and Wildlife Code felony
7-14 shall be punished by confinement in the institutional division of
7-15 the Texas Department of Criminal Justice [Corrections] for any term
7-16 of not more than 10 years or less than two years.
7-17 (b) In addition to imprisonment, an individual adjudged
7-18 guilty of a Parks and Wildlife Code felony may be punished by a
7-19 fine of not less than $2,000 nor more than $10,000 [$5,000].
7-20 SECTION 14. Section 12.409, Parks and Wildlife Code, is
7-21 amended to read as follows:
7-22 Sec. 12.409. SEPARATE OFFENSES. Each fish, bird, animal,
7-23 reptile, or amphibian or part of a fish, bird, animal, reptile, or
7-24 amphibian taken, possessed, killed, left to die, imported,
7-25 exported, offered for sale, sold, purchased, attempted to be
7-26 purchased, or retained in violation of any provision of this code
7-27 or a proclamation or regulation adopted under this code constitutes
8-1 a separate offense.
8-2 SECTION 15. Section 12.505, Parks and Wildlife Code, is
8-3 amended to read as follows:
8-4 Sec. 12.505. VIOLATION OF SUSPENSION OR REVOCATION. A
8-5 person who engages in an activity requiring a permit or license
8-6 during the time for which such license or permit has been suspended
8-7 or revoked commits an offense that is a Class A Parks and Wildlife
8-8 Code misdemeanor.
8-9 SECTION 16. Section 13.001(b), Parks and Wildlife Code, is
8-10 amended to read as follows:
8-11 (b) The commission shall establish a classification system
8-12 for state parks and wildlife management areas that categorizes
8-13 wildlife management areas, parks, or a portion of parks as wildlife
8-14 [game] management areas, recreational areas, natural areas, or
8-15 historical areas.
8-16 SECTION 17. Section 13.016(b), Parks and Wildlife Code, is
8-17 amended to read as follows:
8-18 (b) Convicts working in connection with lands under the
8-19 control or jurisdiction of the department [a state park] remain
8-20 under the control of the Texas Department [Board] of Criminal
8-21 Justice [Corrections] and are considered as serving their terms in
8-22 the penitentiary.
8-23 SECTION 18. Section 13.019, Parks and Wildlife Code, is
8-24 amended to read as follows:
8-25 Sec. 13.019. FACILITY [CAMPSITE] RESERVATION FEE. The
8-26 department may permit the advance reservation of a facility,
8-27 lodging, or campsite at a state park and require the payment of a
9-1 fee by a person making the reservation. [If the reservation is
9-2 cancelled by 72 hours prior to the day the site is first to be
9-3 occupied under the reservation, the reservation fee shall be
9-4 refunded. If the reservation is confirmed by the person's arriving
9-5 at the park, the reservation fee shall be applied to the first
9-6 day's user fee. No user fee may be required in advance as part of
9-7 the reservation procedure.]
9-8 SECTION 19. The heading to Chapter 23, Parks and Wildlife
9-9 Code, is amended to read as follows:
9-10 CHAPTER 23. NATIONAL PARKS, NATIONAL SEASHORES, AND
9-11 OTHER FEDERAL LANDS [FORESTS]
9-12 SECTION 20. Subchapter D, Chapter 23, Parks and Wildlife
9-13 Code, is amended to read as follows:
9-14 SUBCHAPTER D. FEDERAL LANDS [DAVY CROCKETT NATIONAL FOREST]
9-15 Sec. 23.041. AGREEMENTS FOR WILDLIFE MANAGEMENT. [(a)] The
9-16 department may agree with the proper agency of the United States
9-17 for the protection and management of wildlife resources and for
9-18 restocking desirable species of wildlife on federal lands in the
9-19 state [in portions of the Davy Crockett National Forest, in Houston
9-20 and Trinity counties, that can be designated by a natural
9-21 boundary. A natural boundary may be a road, lake, stream, canyon,
9-22 rock, bluff, island, or other natural feature].
9-23 [(b) No agreement under this section may cover more than
9-24 40,000 acres at any one time during any five-year period.]
9-25 Sec. 23.042. WILDLIFE RESOURCES DEFINED. In this
9-26 subchapter, "wildlife resources" means all wild [kinds of] birds,
9-27 wild animals, and aquatic animal life [fish].
10-1 Sec. 23.043. HUNTING AND FISHING REGULATIONS. The
10-2 commission, under Chapter 61 or Subchapter E, Chapter 81, may
10-3 provide for open seasons for hunting and fishing on federal lands
10-4 for which the department has entered into a wildlife management
10-5 agreement under this subchapter [promulgate regulations applicable
10-6 to the Davy Crockett National Forest, in Houston and Trinity
10-7 counties, to:]
10-8 [(1) prohibit hunting and fishing for periods of time
10-9 as necessary to protect wildlife;]
10-10 [(2) provide open seasons for hunting and fishing;]
10-11 [(3) provide limitations on the number, size, kind,
10-12 and sex of wildlife that may be taken; and]
10-13 [(4) prescribe the conditions under which wildlife may
10-14 be taken].
10-15 Sec. 23.044. PENALTY. A person who violates any rule or
10-16 regulation of the commission adopted under this subchapter or who
10-17 hunts or fishes on federal lands included in a wildlife management
10-18 agreement under this subchapter [in the Davy Crockett National
10-19 Forest] at any time other than the open season commits an offense
10-20 that is a Class C Parks and Wildlife Code misdemeanor.
10-21 SECTION 21. Section 31.003(1), Parks and Wildlife Code, is
10-22 amended and Section 31.003(14), Parks and Wildlife Code, as amended
10-23 by Chapters 450 and 739, Acts of the 73rd Legislature, Regular
10-24 Session, 1993, is amended and reenacted to read as follows:
10-25 (1) "Boat" means a vessel not more than 65 feet in
10-26 length, measured from end to end over the deck, excluding sheer[,
10-27 and manufactured or used primarily for noncommercial use].
11-1 (14) "Personal watercraft" means [a vessel of] a type
11-2 of motorboat that [which] is specifically designed to be operated
11-3 by a person or persons sitting, standing, or kneeling on the vessel
11-4 rather than in the conventional manner of sitting or standing
11-5 inside the vessel.
11-6 SECTION 22. Section 31.004, Parks and Wildlife Code, is
11-7 amended to read as follows:
11-8 Sec. 31.004. APPLICATION OF CHAPTER. The provisions of this
11-9 chapter apply to all public water of this state and to all vessels
11-10 [watercraft navigated or moving] on [the] public water. Privately
11-11 owned water is not subject to the provisions of this chapter.
11-12 SECTION 23. Section 31.021(b), Parks and Wildlife Code, is
11-13 amended to read as follows:
11-14 (b) No person may operate or give permission for the
11-15 operation of any vessel, or dock, moor, or store a vessel owned by
11-16 the person, on the water of this state unless:
11-17 (1) the vessel is numbered as required by this
11-18 chapter;
11-19 (2) [, unless] the certificate of number awarded to
11-20 the vessel is in full force and effect;[,] and
11-21 (3) [unless] the identifying number set forth in the
11-22 certificate is properly displayed on each side of the bow of the
11-23 vessel.
11-24 SECTION 24. Section 31.129(a), Parks and Wildlife Code, is
11-25 amended to read as follows:
11-26 (a) A person who violates or fails to comply with a rule of
11-27 the Texas Natural Resource Conservation Commission [Department of
12-1 Water Resources] concerning the disposal of sewage from boats
12-2 commits an offense that is a Class C Parks and Wildlife Code
12-3 misdemeanor. A separate offense is committed each day a violation
12-4 continues.
12-5 SECTION 25. Section 41.003(b), Parks and Wildlife Code, is
12-6 amended to read as follows:
12-7 (b) An agreement must provide that a resident [residents] of
12-8 the border state who has [have] a [commercial or] sport fishing
12-9 license or a hunting license issued by the border state may fish or
12-10 hunt migratory waterfowl on rivers and lakes of the common border,
12-11 and a Texas resident [residents] holding a Texas license is
12-12 [licenses are] extended equal privileges. A person who holds a
12-13 nonresident sport fishing license or a nonresident hunting license
12-14 issued by this state or a border state may be extended the same
12-15 privileges as those extended a resident license holder under this
12-16 subsection.
12-17 SECTION 26. Section 41.004, Parks and Wildlife Code, is
12-18 amended to read as follows:
12-19 Sec. 41.004. RECIPROCAL AGREEMENTS PROCLAIMED. An [The
12-20 commission may approve any] agreement under Section 41.003 is not
12-21 effective until the commission [of this code] by proclamation has
12-22 approved it. [A proclamation becomes effective 30 days after the
12-23 day it is issued or 30 days after the agreement has been lawfully
12-24 accepted by the bordering state, whichever is later.]
12-25 SECTION 27. Section 41.006(c), Parks and Wildlife Code, is
12-26 amended to read as follows:
12-27 (c) Regulations adopted by the commission or issued by the
13-1 director, when authorized by the commission to issue regulations,
13-2 take effect 20 [30] days after their adoption or issuance or as
13-3 otherwise specified in the regulations.
13-4 SECTION 28. Section 42.001, Parks and Wildlife Code, is
13-5 amended to read as follows:
13-6 Sec. 42.001. DEFINITIONS. In this chapter:
13-7 (1) "Resident" means:
13-8 (A) an individual who has resided continuously
13-9 in this state for more than six months immediately before applying
13-10 for a hunting license;
13-11 (B) a member of the United States armed forces
13-12 on active duty;
13-13 (C) a dependent of a member of the United States
13-14 armed forces on active duty; or
13-15 (D) a member of any other category of
13-16 individuals that the commission by regulation designates as
13-17 residents.
13-18 (2) "Nonresident" means an individual who is not a
13-19 resident.
13-20 (3) "Carcass" means the [dead] body of a dead deer or
13-21 antelope, as listed in Section 63.001(a), that has not been
13-22 processed more than by quartering [minus the offal and inedible
13-23 organs, or the trunk with the limbs and head attached, with or
13-24 without the hide].
13-25 (4) "Final destination, [destination]" for a carcass
13-26 or wild turkey or any part of a carcass or wild turkey, means:
13-27 (A) the permanent residence of the hunter;
14-1 (B) [,] the permanent residence of any other
14-2 person receiving the carcass or wild turkey or the part of a
14-3 carcass or wild turkey; [a dead wild turkey, deer carcass, or any
14-4 part of a deer carcass,] or
14-5 (C) a cold storage or [commercial] processing
14-6 facility [plant after the carcass or turkey has been finally
14-7 processed].
14-8 (5) "Final processing," for a carcass or wild turkey,
14-9 means the cleaning of the dead animal for cooking or storage
14-10 purposes. For a carcass, the term also includes the processing of
14-11 the animal more than by quartering.
14-12 (6) "Cold storage or processing facility" means a
14-13 stationary facility designed and constructed to store or process
14-14 game animals and game birds.
14-15 (7) "Wildlife resource document" means a document
14-16 prescribed by the department, other than a tag or permit, that
14-17 allows a person to give, leave, receive, or possess any species of
14-18 legally taken game bird or game animal, or part of a legally taken
14-19 game bird or game animal, if the game bird or game animal is
14-20 otherwise required to have a tag or permit attached or is protected
14-21 by a bag or possession limit.
14-22 (8) "Quartering" means the processing of an animal
14-23 into not more than two hindquarters each having the leg bone
14-24 attached to the hock and two forequarters each having the leg
14-25 portion to the knee attached to the shoulder blade. The term also
14-26 includes removal of two back straps and trimmings from the neck and
14-27 rib cage.
15-1 SECTION 29. Section 42.018, Parks and Wildlife Code, is
15-2 amended by amending Subsections (a) and (c) and adding Subsections
15-3 (d)-(g) to read as follows:
15-4 (a) Except as provided by Subsection (d) or commission rule,
15-5 no [No] person may possess the carcass of a [wild] deer [at any
15-6 time] before the carcass has been finally processed at a [and
15-7 delivered to the] final destination unless there is attached to
15-8 the carcass a properly executed deer tag from a hunting license
15-9 provided by the department and issued to the person who killed the
15-10 deer.
15-11 (c) If the deer's head is severed from the carcass, the
15-12 properly executed tag must remain with the carcass.
15-13 (d) A wildlife resource document completed by the person who
15-14 killed the deer must accompany the head or other part of the deer
15-15 not accompanied by a tag if at any time before the carcass is
15-16 finally processed the head or other part of the deer no longer
15-17 accompanies the carcass. If a portion of the carcass is divided
15-18 among persons and separated and the person who killed the deer
15-19 retains a portion of the carcass, that person shall retain the tag
15-20 with the portion of the carcass retained by that person. A
15-21 wildlife resource document shall be retained with the head of a
15-22 deer that is not kept with the carcass until the head is delivered
15-23 to the owner after taxidermy or, if not treated by a taxidermist,
15-24 until delivered to a final destination.
15-25 (e) Final processing for a deer carcass may occur only at a
15-26 final destination.
15-27 (f) This section does not prohibit a person before
16-1 delivering a deer carcass to a final destination from removing and
16-2 preparing a part of the deer if the removal and preparation occur
16-3 immediately before the part is cooked or consumed.
16-4 (g) A landowner or the landowner's [his] agent operating
16-5 under a wildlife management plan approved by the department is, if
16-6 authorized by the commission, exempt from the tag requirements of
16-7 this section.
16-8 SECTION 30. Section 42.0185, Parks and Wildlife Code, is
16-9 amended by amending Subsection (a) and adding Subsections (c) and
16-10 (d) to read as follows:
16-11 (a) Except as provided by commission rule, no [No] person
16-12 may possess a [dead] wild turkey at any time after the turkey is
16-13 killed and before it has been finally processed at a [and delivered
16-14 to the] final destination unless there is attached to the [dead
16-15 wild] turkey a properly executed turkey tag from a hunting license
16-16 provided by the department and issued to the person who killed the
16-17 turkey.
16-18 (c) A wildlife resource document completed by the person who
16-19 killed the turkey must accompany a part of the turkey if at any
16-20 time before the turkey reaches a final destination the part of the
16-21 turkey no longer accompanies the tagged turkey and is possessed by
16-22 the person who killed the turkey or is given to, left with, or
16-23 possessed by another person, including a taxidermist.
16-24 (d) This section does not prohibit a person before
16-25 delivering a wild turkey to a final destination from preparing part
16-26 of the turkey immediately before cooking and consuming the part.
16-27 SECTION 31. Section 42.019, Parks and Wildlife Code, is
17-1 amended to read as follows:
17-2 Sec. 42.019. POSSESSION OF CERTAIN PARTS OF ANTELOPE [DEER].
17-3 (a) Except as provided by Subsection (c), no [No] person may
17-4 possess the carcass of an antelope before it has been finally
17-5 processed at a final destination unless there is attached to the
17-6 carcass an antelope permit provided by the department that is
17-7 executed legibly, accurately, and completely by the person who
17-8 killed the antelope [a wild deer with the head removed unless the
17-9 carcass has been finally processed and delivered to the final
17-10 destination].
17-11 (b) If the antelope's head is severed from the carcass, the
17-12 properly executed permit must remain with the carcass. [No person,
17-13 other than the person who killed the deer, may receive or possess
17-14 any part of a deer without a legible hunter's document attached to
17-15 the carcass or part of the deer.]
17-16 (c) A wildlife resource document completed by the person who
17-17 killed the antelope must accompany the head or other part of the
17-18 antelope not accompanied by a permit if at any time before the
17-19 carcass is finally processed the head or other part of the antelope
17-20 no longer accompanies the carcass. If a portion of the carcass is
17-21 divided among persons and separated and the person who killed the
17-22 antelope retains a portion of the carcass, that person shall retain
17-23 the permit with the portion of the carcass retained by that person.
17-24 A wildlife resource document shall be retained with the head of an
17-25 antelope that is not kept with the carcass until the head is
17-26 delivered to the owner after taxidermy or, if not treated by a
17-27 taxidermist, until delivered to a final destination. [A hunter's
18-1 document is an instrument signed and executed by the person who
18-2 killed the deer and must contain:]
18-3 [(1) the name and address of the person who killed the
18-4 deer;]
18-5 [(2) the number of the hunting license of the person
18-6 who killed the deer;]
18-7 [(3) the date on which the deer was killed; and]
18-8 [(4) the name of the ranch and the county where the
18-9 deer was killed.]
18-10 (d) Final processing for an antelope carcass may occur only
18-11 at a final destination.
18-12 (e) This section does not prohibit a person before
18-13 delivering an antelope carcass to a final destination from removing
18-14 and preparing a part of the antelope if the removal and preparation
18-15 occur immediately before the part is cooked and consumed. [A
18-16 hunter's document shall remain with any part of the deer until it
18-17 is finally processed and delivered to the final destination.]
18-18 SECTION 32. Section 43.0721, Parks and Wildlife Code, is
18-19 amended by amending Subsection (a) and adding Subsection (c) to
18-20 read as follows:
18-21 (a) No person may release banded pen-reared birds under this
18-22 subchapter [and receive as a guest for pay or other consideration
18-23 an individual engaged in hunting,] unless the person holds a valid
18-24 private bird hunting area license.
18-25 (c) A person is not required to hold a hunting lease license
18-26 issued under Subchapter D to hunt banded pen-reared birds released
18-27 under the authority of this subchapter.
19-1 SECTION 33. Section 43.075(d), Parks and Wildlife Code, is
19-2 amended to read as follows:
19-3 (d) The band must remain on each bird killed until the bird
19-4 is taken to the permanent residence of the hunter, the permanent
19-5 residence of another person receiving the bird, or a cold storage
19-6 or processing facility unless [a final destination. It is a
19-7 defense to prosecution under this subsection if] the name and
19-8 identification number of the licensee has been stamped or printed
19-9 on the box, wrapping, or package containing the carcass of a bird
19-10 that has been processed and possessed, shipped, or transported
19-11 without the band attached.
19-12 SECTION 34. Section 43.154(d), Parks and Wildlife Code, is
19-13 amended to read as follows:
19-14 (d) No state permit is required to authorize a person to
19-15 kill [authorizing the killing of] migratory [game] birds protected
19-16 by the Federal Migratory Bird Treaty Act if the person has obtained
19-17 [may be issued unless the applicant has received] a permit
19-18 authorizing that activity from the United States Department of the
19-19 Interior or the United States Department of Agriculture[, Fish and
19-20 Wildlife Service. No permit may be issued for the taking of
19-21 wildlife protected under Chapter 68 of this code (Endangered
19-22 Species)].
19-23 SECTION 35. Section 43.201(a), Parks and Wildlife Code, is
19-24 amended to read as follows:
19-25 (a) Except as provided by Subsection (c) or (d) [of this
19-26 section], no person may hunt [wild] deer, [bear,] turkey, or
19-27 javelina (collared peccary) during an open archery season provided
20-1 by law or by the proclamations of the commission and during which
20-2 season only crossbows used by hunters with upper limb disabilities
20-3 and longbows, recurved bows, and compound bows [and arrows] may be
20-4 used unless the person has acquired an archery hunting stamp issued
20-5 to the person by the department. The commission by rule may
20-6 prescribe requirements relating to possessing a stamp required by
20-7 this subchapter.
20-8 SECTION 36. Section 43.203, Parks and Wildlife Code, is
20-9 amended to read as follows:
20-10 Sec. 43.203. HUNTING LICENSE REQUIRED. The purchase or
20-11 possession of an archery hunting stamp does not permit a person to
20-12 hunt [wild] deer, [bear,] turkey, or javelina without the license
20-13 required by Chapter 42 [of this code] or by any means or methods
20-14 not allowed by law.
20-15 SECTION 37. Section 43.355(b), Parks and Wildlife Code, is
20-16 amended to read as follows:
20-17 (b) A scientific breeder's permit is valid only during the
20-18 yearly period for which the permit is issued without regard to the
20-19 date on which the permit is acquired [expires one year from the
20-20 date of issuance]. Each yearly period begins on September 1 or on
20-21 another date set by the commission and extends through August 31 of
20-22 the next year or another date set by the commission.
20-23 SECTION 38. Section 43.356(b), Parks and Wildlife Code, is
20-24 amended to read as follows:
20-25 (b) The scientific breeder shall place a suitable permanent
20-26 [metal] tag bearing the scientific breeder's [his] serial number on
20-27 the ear of each white-tailed deer or mule deer possessed [held in
21-1 captivity or sold] by the scientific breeder and shall place on the
21-2 white-tailed deer or mule deer any other identification marking
21-3 prescribed by the commission.
21-4 SECTION 39. Section 43.357(b), Parks and Wildlife Code, is
21-5 amended to read as follows:
21-6 (b) The commission may make regulations governing:
21-7 (1) the possession of white-tailed deer and mule deer
21-8 for scientific, management, and propagation purposes; and
21-9 (2) the recapture of lawfully possessed white-tailed
21-10 deer or mule deer that have escaped from a facility of a scientific
21-11 breeder.
21-12 SECTION 40. Section 43.358, Parks and Wildlife Code, is
21-13 amended to read as follows:
21-14 Sec. 43.358. INSPECTION. An authorized employee of the
21-15 department may inspect at any time and without warrant:
21-16 (1) any pen, coop, or enclosure holding white-tailed
21-17 deer or mule deer; or
21-18 (2) any records required to be maintained under
21-19 Section 43.359(a).
21-20 SECTION 41. Section 43.359, Parks and Wildlife Code, is
21-21 amended to read as follows:
21-22 Sec. 43.359. REPORTS. (a) A [The holder of a] scientific
21-23 breeder [breeder's permit] shall maintain an accurate record [file
21-24 with the department a report showing the number] of white-tailed
21-25 deer and mule deer acquired, purchased, propagated, sold, or
21-26 disposed of and any other information required by the department
21-27 that reasonably relates to the regulation of scientific breeders
22-1 [possessed under the permit and their disposition]. The record
22-2 shall be maintained on a form provided by the department. [The
22-3 report shall also give the results of any research conducted under
22-4 the permit and must be filed before the 15th day after the date on
22-5 which the permit expires.]
22-6 (b) A scientific breeder shall report the information
22-7 maintained under Subsection (a) to the department in the time and
22-8 manner required by commission proclamation.
22-9 SECTION 42. Section 43.362, Parks and Wildlife Code, is
22-10 amended by amending Subsection (b) and adding Subsection (c) to
22-11 read as follows:
22-12 (b) Except as provided by Subchapter C, Chapter 43, no [No]
22-13 person may purchase or accept in this state a live white-tailed
22-14 deer or mule deer unless the person obtains a permit for purchasing
22-15 from the department and:
22-16 (1) the white-tailed deer or mule deer is properly
22-17 marked as [bears a tag] required by Section 43.356(b) [43.356] of
22-18 this code [and is delivered or sold by a scientific breeder]; or
22-19 (2) the white-tailed deer or mule deer is delivered by
22-20 a common carrier from outside this state.
22-21 (c) No person may release into the wild a white-tailed deer
22-22 or mule deer unless all visible markings required by Section
22-23 43.356(b) have been removed.
22-24 SECTION 43. Section 43.363(a), Parks and Wildlife Code, is
22-25 amended to read as follows:
22-26 (a) During an open season for taking the white-tailed deer
22-27 or mule deer or during a period of 10 days before an open season,
23-1 no [No] scientific breeder may release into the wild or sell or
23-2 ship to a [another] person other than a person holding a scientific
23-3 breeder's permit, a white-tailed deer or mule deer and no person in
23-4 this state, other than a scientific breeder, may purchase from a
23-5 scientific breeder in this state a white-tailed deer or mule deer
23-6 [during an open season for taking the white-tailed deer or mule
23-7 deer or during a period of 10 days before an open season] unless
23-8 the scientific breeder:
23-9 (1) has removed immediately above the pedicel the
23-10 antlers of a male white-tailed deer or mule deer to be sold or
23-11 shipped [to another person]; and
23-12 (2) has given written notice of the sale to [a game
23-13 warden commissioned by] the department [who operates in the county
23-14 of sale;]
23-15 [(3) has given written notice of the shipment to a
23-16 game warden commissioned by the department who operates in the
23-17 county of origin and one who operates in the county of delivery;
23-18 and]
23-19 [(4) has received written approval for the sale and
23-20 shipment from the game wardens required to be notified under this
23-21 section].
23-22 SECTION 44. Section 43.365, Parks and Wildlife Code, is
23-23 amended to read as follows:
23-24 Sec. 43.365. PROHIBITED ACTS. It is an offense if a
23-25 scientific breeder:
23-26 (1) takes, traps, or captures or attempts to take,
23-27 trap, or capture white-tailed deer or mule deer from the wild;
24-1 (2) allows the hunting or killing of a white-tailed
24-2 deer or mule deer held in captivity under the provisions of this
24-3 subchapter; or
24-4 (3) fails to furnish to a game warden commissioned by
24-5 the department records required to be maintained under Section
24-6 43.359(a) [information as to the source from which white-tailed
24-7 deer or mule deer held in captivity were derived].
24-8 SECTION 45. Section 43.522(a), Parks and Wildlife Code, is
24-9 amended to read as follows:
24-10 (a) The department or its agent may issue a conservation
24-11 permit to any person on the payment to the department or agent of a
24-12 fee in an amount set by the commission. [The fee charged for a
24-13 conservation permit may not exceed the amount charged by the
24-14 department for a combination hunting and fishing license under
24-15 Section 50.002 of this code.]
24-16 SECTION 46. Subchapter P, Chapter 43, Parks and Wildlife
24-17 Code, is amended by adding Section 43.555 to read as follows:
24-18 Sec. 43.555. PENALTIES. A person who violates this
24-19 subchapter or a commission rule issued under this subchapter
24-20 commits an offense that is a Class C Parks and Wildlife Code
24-21 misdemeanor.
24-22 SECTION 47. Chapter 43, Parks and Wildlife Code, is amended
24-23 by adding Subchapter R to read as follows:
24-24 SUBCHAPTER R. DEER MANAGEMENT PERMITS
24-25 Sec. 43.601. PERMIT FOR DEER MANAGEMENT. (a) The
24-26 department may issue a permit for the management of the wild
24-27 white-tailed deer population on acreage enclosed by a fence capable
25-1 of retaining white-tailed deer (under reasonable and ordinary
25-2 circumstances) and capable of preventing entry by a white-tailed
25-3 deer.
25-4 (b) The deer managed under the permit remain the property of
25-5 the people of the state, and the holder of the permit is considered
25-6 to be managing the population on behalf of the state.
25-7 (c) If a special season with a special bag limit is
25-8 established by the commission for holders of a deer management
25-9 permit, the holder of the permit may not receive compensation for
25-10 granting any other person permission to kill a wild deer during
25-11 that special season on the acreage covered by the permit.
25-12 Sec. 43.602. MANAGEMENT PLAN. (a) The holder of a deer
25-13 management permit must annually submit a deer management plan for
25-14 approval or disapproval of the department. The management plan
25-15 must provide for specific management practices to be applied to the
25-16 deer population on the acreage, which may include, in addition to
25-17 other practices:
25-18 (1) the temporary detention within an enclosure on the
25-19 acreage covered by the permit of wild white-tailed deer for the
25-20 purpose of propagation with other wild deer, and the release of
25-21 those deer on that acreage;
25-22 (2) the killing of wild deer in open seasons
25-23 established by the commission in a number set in the management
25-24 plan; or
25-25 (3) the killing of wild deer during a special season
25-26 having a special bag limit established by the commission for this
25-27 permit.
26-1 (b) A management plan approved by the department must be
26-2 consistent with the regulatory responsibilities of the commission
26-3 under Chapter 61.
26-4 (c) A management plan may not authorize the killing of wild
26-5 deer within an enclosure designed for the temporary detention of
26-6 wild deer under Subsection (a)(1).
26-7 Sec. 43.603. CONDITIONS; DURATION; FEE. (a) A permit
26-8 issued under this subchapter is subject to conditions established
26-9 by the commission, including conditions governing:
26-10 (1) the number of deer that may be killed on the
26-11 property by a single person;
26-12 (2) the number and type of deer that may be killed or
26-13 taken under the permit; and
26-14 (3) the number, type, and length of time that deer may
26-15 be temporarily detained in an enclosure.
26-16 (b) The permit is valid for a period prescribed by the
26-17 department of not less than one year.
26-18 (c) The department shall set a fee for the issuance or
26-19 renewal of a permit in an amount not to exceed $1,000.
26-20 Sec. 43.604. INSPECTION. An authorized employee of the
26-21 department may inspect at any time without warrant the records
26-22 required by Section 43.605 and the acreage for which the permit is
26-23 issued for the purpose of determining the permit holder's
26-24 compliance with the management plan.
26-25 Sec. 43.605. RECORDS. The holder of a permit issued under
26-26 this subchapter shall maintain, in a form prescribed by the
26-27 department, an accurate record showing:
27-1 (1) the number of white-tailed deer taken during the
27-2 general open seasons and during any special seasons;
27-3 (2) the number of white-tailed deer temporarily
27-4 detained and released during the permit period; and
27-5 (3) any other information required by the department
27-6 that reasonably relates to the activities covered by the permit.
27-7 Sec. 43.606. APPLICATION OF GENERAL LAWS. Except as
27-8 expressly provided by this subchapter and the terms and conditions
27-9 of the permit and management plan, the general laws and regulations
27-10 of this state applicable to white-tailed deer apply to deer on the
27-11 acreage covered by the permit. This subchapter does not restrict
27-12 or prohibit the use of high fences on acreage not covered by a
27-13 management plan.
27-14 Sec. 43.607. PENALTY. (a) A person commits an offense if
27-15 the person:
27-16 (1) violates a provision of this subchapter or a
27-17 regulation of the department adopted under this subchapter;
27-18 (2) violates a condition of permit imposed under
27-19 Section 43.603(a);
27-20 (3) fails to maintain records required by Section
27-21 43.605; or
27-22 (4) kills or allows to be killed a deer temporarily
27-23 detained under Section 43.602(a)(1).
27-24 (b) An offense under Subsections (a)(1)-(3) is a Class C
27-25 Parks and Wildlife Code misdemeanor.
27-26 (c) An offense under Subsection (a)(4) is a Class A Parks
27-27 and Wildlife Code misdemeanor.
28-1 SECTION 48. Section 44.012, Parks and Wildlife Code, is
28-2 amended to read as follows:
28-3 Sec. 44.012. SALE DURING OPEN SEASON. A game animal held
28-4 under the authority of a license issued under this subchapter may
28-5 not be sold, traded, transferred, or shipped to any person in any
28-6 county [No game breeder may sell or ship to another person in this
28-7 state any antelope or collared peccary, and no person in this state
28-8 may purchase from a game breeder in this state or any other state
28-9 any antelope or collared peccary] during an open season in the
28-10 county of destination for taking the game animal or during a period
28-11 of 10 days before the [and after an] open season.
28-12 SECTION 49. Section 45.001, Parks and Wildlife Code, is
28-13 amended to read as follows:
28-14 Sec. 45.001. LICENSE REQUIRED. No [(a) Except as provided
28-15 in Subsection (b) of this section, no] person may possess game
28-16 birds in captivity for the purpose of propagation or sale [engage
28-17 in the business of propagating game birds] without first acquiring
28-18 the proper license authorized to be issued under this chapter.
28-19 [(b) A person is not required to have a license issued under
28-20 this chapter if he possesses not more than 12 game birds for
28-21 personal use only.]
28-22 SECTION 50. Section 45.003, Parks and Wildlife Code, is
28-23 amended to read as follows:
28-24 Sec. 45.003. TYPES OF LICENSES; FEES. (a) A class 1
28-25 commercial game bird breeder's license entitles the holder to
28-26 possess [engage in the business of propagating game birds for sale
28-27 or holding game birds] in captivity more than 1,000 game birds.
29-1 The fee for a class 1 [commercial game bird breeder's] license is
29-2 $100 or an amount set by the commission, whichever amount is more.
29-3 (b) A class 2 commercial game bird breeder's license
29-4 entitles the holder to [engage in the business of propagating game
29-5 birds for sale or holding game birds in captivity, except that the
29-6 holder of a class 2 license may not] possess in captivity not more
29-7 than 1,000 game birds during any calendar year. The fee for a
29-8 class 2 [commercial game bird breeder's] license is $10 or an
29-9 amount set by the commission, whichever amount is more.
29-10 SECTION 51. Section 45.006, Parks and Wildlife Code, is
29-11 amended to read as follows:
29-12 Sec. 45.006. SALES OF GAME BIRD CARCASSES OR PARTS OF A GAME
29-13 BIRD. (a) No person may sell, offer for sale, or purchase the
29-14 carcass or any part of a dead pen-raised game bird unless:
29-15 (1) the carcass or part is clearly stamped and marked
29-16 by the stamp authorized by Subsection (b) [of this section]; or
29-17 (2) the carcass or part is delivered to the purchaser
29-18 and is accompanied by a document [in a box, wrapping, or other
29-19 container] on which is printed or written the name, street address,
29-20 and identification [the serial] number, if applicable, of the game
29-21 bird breeder.
29-22 (b) Each holder of a license required by this chapter who
29-23 offers for sale the carcass of a pen-raised game bird may acquire a
29-24 rubber stamp which, when used, shows the identification [serial]
29-25 number of the holder of the license.
29-26 SECTION 52. Section 45.0061, Parks and Wildlife Code, is
29-27 amended to read as follows:
30-1 Sec. 45.0061. SOURCE OF GAME BIRDS. A person who is not
30-2 required to possess a commercial game bird breeder's license and
30-3 who is in possession of a live game bird or part of a dead game
30-4 bird [under Subsection (b) of Section 45.001] shall, on the request
30-5 of a game warden commissioned by the department, furnish to the
30-6 warden a receipt showing the name and street address of the person
30-7 and the name and street address of [information as to] the source
30-8 from which any live game bird or part of a dead game bird [birds]
30-9 in the possession of the person was [were] derived. The receipt
30-10 must also show the date of sale and the species and number of live
30-11 game birds or parts of dead game birds acquired. The failure or
30-12 refusal to comply with this section is a violation of this chapter.
30-13 SECTION 53. Section 45.009, Parks and Wildlife Code, is
30-14 amended to read as follows:
30-15 Sec. 45.009. EXCEPTIONS. (a) [A person may purchase live
30-16 pheasant from a commercial game bird breeder for any purpose.]
30-17 [(b)] A commercial game bird breeder may process [slaughter]
30-18 game birds for [his] personal consumption at any time.
30-19 (b) [(c)] This chapter does not apply to a person holding a
30-20 permit under Section 43.022 [of this code].
30-21 (c) [(d)] Any person owning or operating a [restaurant,
30-22 hotel, boarding house, club, or other] business where food is sold
30-23 for consumption, including a restaurant, hotel, boarding house, or
30-24 club, may sell game birds obtained from a legal source for
30-25 consumption on the premises of the business.
30-26 SECTION 54. Sections 47.001(3)-(5), (9), and (16), Parks and
30-27 Wildlife Code, are amended to read as follows:
31-1 (3) "Wholesale fish dealer" means a person who
31-2 operates a place of business [and buys] for [the purpose of]
31-3 selling, offering for sale, canning, preserving, processing, or
31-4 handling for shipments or sale aquatic products to retail fish
31-5 dealers, hotels, restaurants, cafes, consumers, or other wholesale
31-6 fish dealers. The term does not include the holder of a
31-7 bait-shrimp dealer's license.
31-8 (4) "Retail fish dealer" means a person who operates a
31-9 place of business [and buys] for selling [the purpose of sale or
31-10 sells] or offering [offers] for sale to a consumer aquatic
31-11 products, other than aquatic products that are sold by restaurants
31-12 for and ready for immediate consumption in individual portion
31-13 servings and that [which] are subject to the limited sales or use
31-14 tax. For purposes of this subsection, "consumer" does not include
31-15 a wholesale fish dealer or a hotel, restaurant, cafe, or other
31-16 retail fish dealer.
31-17 (5) "Bait dealer" means a person who catches and sells
31-18 minnows, fish, shrimp, or other aquatic products for bait [or
31-19 transports for sale,] or a place of [who is engaged in the]
31-20 business where [of selling] minnows, fish, shrimp, or other aquatic
31-21 products are sold, offered for sale, handled, or transported for
31-22 sale for [fish] bait.
31-23 (9) "Place of business" means a permanent structure on
31-24 land or a motor vehicle required to be registered under Section
31-25 502.002, Transportation Code [2, Chapter 88, General Laws, Acts of
31-26 the 41st Legislature, 2nd Called Session, 1929 (Article 6675a-2,
31-27 Vernon's Texas Civil Statutes)], where aquatic products or orders
32-1 for aquatic products are received or where aquatic products are
32-2 sold or purchased but does not include a boat or any type of
32-3 floating device, a public cold storage vault, the portion of a
32-4 structure that is used as a residence, or a vehicle from which no
32-5 orders are taken or no shipments or deliveries are made other than
32-6 to the place of business of a licensee in this state.
32-7 (16) "Aquatic product" means any live or dead,
32-8 uncooked, fresh or frozen aquatic animal life.
32-9 SECTION 55. Section 47.003(d), Parks and Wildlife Code, is
32-10 amended to read as follows:
32-11 (d) No person may be issued a commercial finfish fisherman's
32-12 license unless the person files with the department at the time the
32-13 person [he] applies for the license an affidavit containing
32-14 statements that:
32-15 (1) [not less than 50 percent of the applicant's
32-16 gainful employment is devoted to commercial fishing;]
32-17 [(2)] the applicant is not employed at any full-time
32-18 occupation other than commercial fishing; and
32-19 (2) [(3)] during the period of validity of the
32-20 commercial finfish fisherman's license the applicant does not
32-21 intend to engage in any full-time occupation other than commercial
32-22 fishing.
32-23 SECTION 56. Section 47.004, Parks and Wildlife Code, is
32-24 amended by adding Subsection (c) to read as follows:
32-25 (c) The commission may adopt rules governing the issuance
32-26 and use of a fishing guide license.
32-27 SECTION 57. Section 47.009(c), Parks and Wildlife Code, is
33-1 amended to read as follows:
33-2 (c) A person who has an aquaculture [a fish farming] license
33-3 for a Texas aquaculture facility under Section 134.011, Agriculture
33-4 Code, is not required to obtain or possess a wholesale fish
33-5 dealer's license if the person's business activities with regard to
33-6 the sale of aquatic products [fish] involve aquatic products [fish]
33-7 raised on the person's aquaculture facility [fish farm] only.
33-8 SECTION 58. Section 47.010, Parks and Wildlife Code, is
33-9 amended to read as follows:
33-10 Sec. 47.010. WHOLESALE TRUCK DEALER'S FISH LICENSE. (a)
33-11 The license fee for a wholesale truck dealer's fish license is $250
33-12 for each truck or an amount set by the commission, whichever amount
33-13 is more.
33-14 (b) A resident who holds a fish farm vehicle license under
33-15 Section 134.012, Agriculture Code, is not required to obtain a
33-16 license for the vehicle under this section if the vehicle is used
33-17 with regard to the sale or transportation of only aquatic products
33-18 raised on a licensed Texas aquaculture facility belonging to the
33-19 owner of the vehicle.
33-20 SECTION 59. Section 47.011(c), Parks and Wildlife Code, is
33-21 amended to read as follows:
33-22 (c) A person with an aquaculture [a fish farming] license
33-23 for a Texas aquaculture facility under Section 134.011, Agriculture
33-24 Code, is not required to obtain or possess a retail fish dealer's
33-25 license if the person's business activities with regard to the sale
33-26 of aquatic products [fish] involve aquatic products [fish] raised
33-27 on the person's aquaculture facility [fish farm] only.
34-1 SECTION 60. Section 47.013(c), Parks and Wildlife Code, is
34-2 amended to read as follows:
34-3 (c) A resident [person] who owns a vehicle licensed under
34-4 Section 134.012, Agriculture Code, is not required to obtain a
34-5 license for the vehicle under this section when the vehicle is used
34-6 with regard to the sale or transportation of only aquatic products
34-7 raised on a licensed Texas aquaculture facility [fish farm]
34-8 belonging to the owner of the vehicle.
34-9 SECTION 61. Section 47.014, Parks and Wildlife Code, is
34-10 amended by amending Subsection (a) and adding Subsection (c) to
34-11 read as follows:
34-12 (a) No person may engage in business [act] as a bait dealer
34-13 unless the person [he] has obtained the appropriate [a] bait
34-14 dealer's license.
34-15 (c) A person who has an aquaculture license for a Texas
34-16 aquaculture facility under Section 134.011, Agriculture Code, is
34-17 not required to obtain or possess a bait dealer's license if the
34-18 person's business activities with regard to the sale of aquatic
34-19 products for bait involve only aquatic products raised on the
34-20 person's aquaculture facility.
34-21 SECTION 62. Section 47.018(a), Parks and Wildlife Code, is
34-22 amended to read as follows:
34-23 (a) No person may bring into this state and deliver aquatic
34-24 products for [any] commercial purposes [purpose] unless the person
34-25 [he] has obtained a wholesale fish dealer's license, [or] a retail
34-26 fish dealer's license, or a bait dealer's license, as applicable,
34-27 issued under this subchapter.
35-1 SECTION 63. Section 47.0181(a), Parks and Wildlife Code, is
35-2 amended to read as follows:
35-3 (a) No person, except a commercial fisherman licensed to
35-4 take aquatic products from Texas waters transporting the
35-5 fisherman's own catch within this state, may transport aquatic
35-6 products for commercial purposes, regardless of origin or
35-7 destination, without an invoice containing the following
35-8 information correctly stated and legibly written:
35-9 (1) the invoice number;
35-10 (2) the date of shipment;
35-11 (3) the name and physical address of shipper;
35-12 (4) the name and physical address of receiver;
35-13 (5) the license number of shipper; and
35-14 (6) the quantity of aquatic products contained in the
35-15 shipment; finfish by species and by [,] number or [and] weight,
35-16 oysters by volume, and all other aquatic products by weight.
35-17 SECTION 64. Section 47.031(b), Parks and Wildlife Code, is
35-18 amended to read as follows:
35-19 (b) All licenses and permits issued under the authority of
35-20 Chapter 47 [of this code] may not be transferred to another person
35-21 except that a license issued in the name of a business shall remain
35-22 valid for the business location specified on the license or permit
35-23 if a change of ownership and/or business name occurs. A license
35-24 issued under the authority of Section 47.009, [or] 47.011, [or]
35-25 47.014, or 47.016 may be transferred to a new address if the
35-26 business moves to another location. A license issued under the
35-27 authority of Section 47.007, 47.010, or 47.013 may be transferred
36-1 to another vehicle or vessel or to a new owner of the same vehicle
36-2 or vessel. The commission, by regulation, may prescribe
36-3 requirements necessary to clarify license and permit transfer
36-4 procedures and may prescribe, by regulation, forms to be used and
36-5 fees to be charged for transfer of licenses and permits in this
36-6 chapter and for duplicate license plates and duplicate or
36-7 replacement licenses and permits.
36-8 SECTION 65. Section 49.001, Parks and Wildlife Code, is
36-9 amended by adding Subdivision (3) to read as follows:
36-10 (3) "Falconry" means the practice of trapping,
36-11 possessing, training, or flying a raptor for hunting purposes and
36-12 includes the act of hunting by the use of a trained raptor.
36-13 SECTION 66. Section 49.002, Parks and Wildlife Code, is
36-14 amended to read as follows:
36-15 Sec. 49.002. PROHIBITED ACTS. (a) Except as provided in
36-16 Subsection (b) [of this section], no person may take, capture, or
36-17 possess, or attempt to take or capture, any native raptors unless
36-18 the person [he] has obtained a permit issued by the department
36-19 [under this chapter].
36-20 (b) A nonresident may temporarily possess in this state or
36-21 transport through this state any raptor if the person is authorized
36-22 by state and federal permits to possess the raptor in the person's
36-23 state of residence or has been issued a permit under Chapter 43
36-24 [person may collect and hold protected species of wildlife for
36-25 scientific, zoological, and propagation purposes if he holds a
36-26 permit issued by the department for that purpose].
36-27 SECTION 67. Section 49.003, Parks and Wildlife Code, is
37-1 amended to read as follows:
37-2 Sec. 49.003. RECIPROCITY [APPRENTICE FALCONER'S PERMIT]. A
37-3 person in possession of a raptor under a license issued by another
37-4 state who intends to establish residency in this state must apply
37-5 to the department for a falconry permit not later than the 10th day
37-6 after the date the person first moves a raptor into this state. A
37-7 signed and notarized affidavit stating the person's intent to
37-8 establish residency in this state must accompany the application.
37-9 [The department may issue an apprentice falconer's permit to any
37-10 person who:]
37-11 [(1) is at least 14 years of age;]
37-12 [(2) is sponsored by the holder of a general
37-13 falconer's or a master falconer's permit;]
37-14 [(3) submits an application on forms prescribed by the
37-15 department; and]
37-16 [(4) submits an original permit fee of $30 or an
37-17 amount set by the commission, whichever amount is more.]
37-18 SECTION 68. Section 49.010, Parks and Wildlife Code, is
37-19 amended to read as follows:
37-20 Sec. 49.010. HUNTING. (a) A resident possessing [The
37-21 holder of] a falconry [valid] permit [issued under this chapter]
37-22 and a [valid] hunting license may hunt by means of falconry
37-23 [native species of wild birds, wild animals, and migratory game
37-24 birds during the open season and may hunt unprotected species of
37-25 wildlife].
37-26 (b) A nonresident may hunt by means of falconry if the
37-27 nonresident possesses on the nonresident's person:
38-1 (1) a federal falconry permit;
38-2 (2) a falconry permit issued in the person's state of
38-3 residence; and
38-4 (3) a nonresident hunting license and any applicable
38-5 stamps.
38-6 (c) A person may hunt a bird or animal by means of falconry
38-7 only during an open season provided for that bird or animal.
38-8 SECTION 69. Section 49.011, Parks and Wildlife Code, is
38-9 amended to read as follows:
38-10 Sec. 49.011. TRANSFER OR SALE OF RAPTORS. (a) Except as
38-11 permitted in Subsections (b) and (c) [of this section], no person
38-12 may buy, sell, barter, or exchange, or offer to buy, sell, barter,
38-13 or exchange, a raptor in this state.
38-14 (b) The holder of a falconer's permit may transfer [, with
38-15 approval of the department, exchange] a raptor to [with] another
38-16 holder of a falconer's permit or receive a raptor from another
38-17 holder of a falconer's permit [if there is no consideration for the
38-18 exchange other than the raptors exchanged].
38-19 (c) A [The] holder of a [general or master] falconer's
38-20 permit who qualifies as prescribed by commission rule may [arrange
38-21 for the] purchase [of legal] raptors [by correspondence or
38-22 telephone] from any legal source and may sell captive-bred raptors
38-23 to any person permitted to purchase captive-bred raptors [a
38-24 lawfully permitted person in another state where the sale of
38-25 raptors is lawful, provided, however, such raptors may not be
38-26 resold in this state].
38-27 SECTION 70. Section 49.014, Parks and Wildlife Code, is
39-1 amended to read as follows:
39-2 Sec. 49.014. POWERS OF DEPARTMENT. The department may:
39-3 (1) prescribe [reasonable] rules [and regulations] for
39-4 the taking, capture, possession, propagation, transportation,
39-5 export, import, and sale of [taking and possessing] raptors, time
39-6 and area from which raptors may be taken or captured, and species
39-7 that may be taken or captured;
39-8 (2) provide standards for possessing and housing
39-9 raptors held under a permit;
39-10 (3) prescribe annual reporting requirements and
39-11 procedures;
39-12 (4) prescribe eligibility requirements and fees for
39-13 and issue any falconry, raptor propagation, or nonresident trapping
39-14 permit; and
39-15 (5) require and regulate the identification of raptors
39-16 held by permit holders.
39-17 SECTION 71. Section 61.003, Parks and Wildlife Code, is
39-18 amended to read as follows:
39-19 Sec. 61.003. APPLICABILITY OF CHAPTER. This [Title 7 of
39-20 this code prescribes the counties, places, and wildlife resources
39-21 to which this] chapter applies to every county, place, and wildlife
39-22 resource in the state, except as otherwise provided by this code.
39-23 SECTION 72. Section 61.005, Parks and Wildlife Code, is
39-24 amended to read as follows:
39-25 Sec. 61.005. DEFINITIONS. In this chapter:
39-26 (1) ["Hunt" includes take, kill, pursue, trap, and the
39-27 attempt to take, kill, or trap.]
40-1 [(2)] "Wildlife resources" means all wild [game]
40-2 animals, wild [game] birds, and [marine animals, fish, and other]
40-3 aquatic animal life.
40-4 (2) [(3)] "Depletion" means the reduction of a species
40-5 below its immediate recuperative potential by any [deleterious]
40-6 cause.
40-7 (3) [(4)] "Waste" means the failure to provide for the
40-8 regulated harvest of surplus wildlife resources when that harvest
40-9 would allow, promote, or optimize a healthy and self-sustaining
40-10 population of a [supply of a species or one sex of a species in
40-11 sufficient numbers that a seasonal harvest will aid in the
40-12 reestablishment of a normal number of the] species.
40-13 [(5) "Daily bag limit" means the quantity of a species
40-14 of game that may be taken in one day.]
40-15 [(6) "Possession limit" means the maximum number of a
40-16 species of game that may be possessed at one time.]
40-17 SECTION 73. Section 61.022, Parks and Wildlife Code, is
40-18 amended to read as follows:
40-19 Sec. 61.022. TAKING WILDLIFE RESOURCES WITHOUT CONSENT OF
40-20 LANDOWNER PROHIBITED. No person may hunt or [,] catch by any means
40-21 or method [,] or possess a wildlife resource [game animal or game
40-22 bird, fish, marine animal, or other aquatic life] at any time and
40-23 at any place covered by this chapter unless the owner of the land
40-24 or water, or the owner's agent, consents.
40-25 SECTION 74. Subchapter B, Chapter 61, Parks and Wildlife
40-26 Code, is amended by adding Section 61.023 to read as follows:
40-27 Sec. 61.023. APPLYING CONTRACEPTIVES TO WILDLIFE RESOURCES.
41-1 No person may intentionally apply contraceptives to any vertebrate
41-2 wildlife resource unless the person first obtains written
41-3 authorization from the department.
41-4 SECTION 75. Section 61.051, Parks and Wildlife Code, is
41-5 amended to read as follows:
41-6 Sec. 61.051. DUTY TO INVESTIGATE AND STUDY CERTAIN WILDLIFE
41-7 RESOURCES. (a) The department shall conduct scientific studies
41-8 and investigations of all species of game animals, game birds, and
41-9 aquatic animal life [wildlife resources] to determine:
41-10 (1) supply;
41-11 (2) economic value;
41-12 (3) environments;
41-13 (4) breeding habits;
41-14 (5) sex ratios; and
41-15 (6) effects of [hunting, trapping, fishing, disease,
41-16 infestation, predation, agricultural pressure, and overpopulation;
41-17 and]
41-18 [(7)] any [other] factors or conditions causing
41-19 increases or decreases in supply.
41-20 (b) The studies and investigations may be made periodically
41-21 or continuously.
41-22 (c) The commission shall make findings of fact based on the
41-23 studies and investigations of the department.
41-24 SECTION 76. Section 61.052, Parks and Wildlife Code, is
41-25 amended to read as follows:
41-26 Sec. 61.052. GENERAL REGULATORY DUTY. (a) The commission
41-27 shall regulate the periods of time when it is lawful to hunt, take,
42-1 or possess game animals, game birds, or aquatic animal life
42-2 [wildlife resources] in or from the places covered by this chapter.
42-3 (b) The commission shall regulate the means, methods,
42-4 [manners,] and places in which it is lawful to hunt, take, or
42-5 possess game animals, game birds, or aquatic animal life [wildlife
42-6 resources] in or from the places covered by this chapter.
42-7 SECTION 77. Section 61.053, Parks and Wildlife Code, is
42-8 amended to read as follows:
42-9 Sec. 61.053. OPEN SEASONS. The commission shall provide
42-10 open seasons for the hunting, taking, or possession of game
42-11 animals, game birds, or aquatic animal life [wildlife resources] if
42-12 its investigations and findings of fact reveal that open seasons
42-13 may be safely provided or if the threat of waste requires an open
42-14 season to conserve game animals, game birds, or aquatic animal life
42-15 [wildlife resources].
42-16 SECTION 78. Section 61.054, Parks and Wildlife Code, is
42-17 amended to read as follows:
42-18 Sec. 61.054. PROCLAMATIONS OF THE COMMISSION. (a)
42-19 Regulation of the hunting, taking, or possession of game animals,
42-20 game birds, or aquatic animal life [wildlife resources] under this
42-21 chapter shall be by proclamation of the commission.
42-22 (b) A proclamation of the commission authorizing the
42-23 hunting, taking, or possession of game animals, game birds, or
42-24 aquatic animal life [wildlife resources] must specify:
42-25 (1) the species, quantity, age or size, and, to the
42-26 extent possible, the sex of the game animals, game birds, or
42-27 aquatic animal life [wildlife resources] authorized to be hunted,
43-1 taken, or possessed;
43-2 (2) the means or [,] method[, or manner] that may be
43-3 used to hunt, take, or possess the game animals, game birds, or
43-4 aquatic animal life [wildlife resources]; and
43-5 (3) the region, county, area, body of water, or
43-6 portion of a county where the game animals, game birds, or aquatic
43-7 animal life [wildlife resources] may be hunted, taken, or
43-8 possessed.
43-9 SECTION 79. Section 61.055(a), Parks and Wildlife Code, is
43-10 amended to read as follows:
43-11 (a) If the commission finds that there is a danger of
43-12 depletion or waste, it shall amend or revoke its proclamations to
43-13 prevent the depletion or waste and to provide to the people the
43-14 most equitable and reasonable privilege to hunt game animals or
43-15 game birds or catch aquatic animal life [pursue, take, possess, and
43-16 kill wildlife resources].
43-17 SECTION 80. Subchapter C, Chapter 61, Parks and Wildlife
43-18 Code, is amended by adding Section 61.058 to read as follows:
43-19 Sec. 61.058. YOUTH HUNTING AND FISHING. (a) The commission
43-20 may provide for special open seasons during which the taking and
43-21 possession of game animals and game birds are restricted to persons
43-22 under 17 years old.
43-23 (b) The commission may provide for special means and methods
43-24 for the taking and possession of aquatic animal life by persons
43-25 under 17 years old.
43-26 SECTION 81. Section 61.101(a), Parks and Wildlife Code, is
43-27 amended to read as follows:
44-1 (a) Before a proclamation of the commission may be adopted,
44-2 the department shall hold public hearings[:]
44-3 [(1)] in the county to be affected by the proclamation
44-4 if the director or the director's [his] designee receives a
44-5 petition for a public hearing signed by not less than 25 persons
44-6 who reside in the county[; and]
44-7 [(2) in at least five locations the director or his
44-8 designee considers necessary to ensure public participation].
44-9 SECTION 82. Section 61.205(d), Parks and Wildlife Code, is
44-10 amended to read as follows:
44-11 (d) The department may authorize the sale, trade, auction,
44-12 or donation of [A person may not sell or trade] a bighorn sheep
44-13 hunting permit if the proceeds of the sale, trade, auction, or
44-14 donation are used to restore, protect, or manage bighorn sheep [for
44-15 anything of value].
44-16 SECTION 83. Section 62.005, Parks and Wildlife Code, is
44-17 amended to read as follows:
44-18 Sec. 62.005. HUNTING WITH LIGHT. [(a)] No person may hunt
44-19 a game [an] animal or bird protected by this code with the aid of
44-20 [a headlight, hunting lamp, or other artificial light, including]
44-21 an artificial light that casts or reflects a beam of light onto or
44-22 otherwise illuminates the game animal or bird, including the
44-23 headlights of [attached to] a motor vehicle.
44-24 [(b) The possession of a headlight or hunting lamp used on
44-25 or about the head when hunting at night between sunset and one-half
44-26 hour before sunrise by a person hunting in an area where deer are
44-27 known to range constitutes prima facie evidence that the person was
45-1 violating this section.]
45-2 SECTION 84. Section 62.014(a)(2), Parks and Wildlife Code,
45-3 is amended to read as follows:
45-4 (2) "Archery equipment" means a long bow, recurved
45-5 bow, or compound bow [that is capable of shooting a hunting arrow
45-6 equipped with a broadhead hunting point for a distance of 130
45-7 yards].
45-8 SECTION 85. Sections 62.014(b), (c), and (d), Parks and
45-9 Wildlife Code, are amended to read as follows:
45-10 (b) The department may establish and administer a statewide
45-11 hunter education program. The program must include but is not
45-12 limited to instruction concerning:
45-13 (1) the safe handling and use of firearms, [and]
45-14 archery equipment, and crossbows;
45-15 (2) wildlife conservation and management;
45-16 (3) hunting laws and applicable rules and regulations;
45-17 and
45-18 (4) hunting safety and ethics, including landowners'
45-19 rights.
45-20 (c) The department shall issue a certificate to a person who
45-21 has successfully completed a hunter education course. The
45-22 department shall prescribe the form of the certificate.
45-23 (d) If funds are available for its implementation the
45-24 commission may establish a mandatory hunter education program and
45-25 may require a person to have successfully completed a training
45-26 course before the person may hunt with firearms, [or] archery
45-27 equipment as defined in Subsection (a) of this section, or
46-1 crossbows in Texas. If the certificate is so required, the person
46-2 must possess the certificate or other evidence of completion of the
46-3 program while hunting with firearms, [or] archery equipment as
46-4 defined in Subsection (a) of this section, or crossbows. The
46-5 commission may provide that residents or nonresidents who have
46-6 successfully completed the same or a comparable hunter education
46-7 course and possess a certificate or other evidence of completion
46-8 have satisfied the requirements imposed under this subsection. The
46-9 commission may establish a minimum age for participation in the
46-10 program. Those persons who cannot participate in the hunter
46-11 education program because they do not meet the minimum age or other
46-12 requirements established by the commission can only hunt with
46-13 firearms, [or] archery equipment as defined in Subsection (a) of
46-14 this section, or crossbows in Texas if they are accompanied by a
46-15 person who is 17 years of age or older and licensed to hunt in
46-16 Texas. Additionally, a person under 17 years of age hunting with a
46-17 person licensed to hunt in Texas who is 17 years of age or older is
46-18 not required to have certification under this Act.
46-19 The commission may implement the program by age group.
46-20 Persons who are 17 years of age or older on September 1, 1988, or
46-21 on the date on which a mandatory hunter education course is
46-22 implemented, whichever is later, are exempt from the requirements
46-23 imposed under this subsection.
46-24 The department is responsible for offering mandatory hunter
46-25 education courses that are accessible to those persons required to
46-26 take this course. To this end, the department shall provide hunter
46-27 education opportunities in each county of the state when a
47-1 substantial number of residents request a class or at least once a
47-2 year.
47-3 SECTION 86. Section 62.021, Parks and Wildlife Code, is
47-4 amended to read as follows:
47-5 Sec. 62.021. SALE OR PURCHASE OF CERTAIN GAME. (a) Except
47-6 as provided by Subsection (c), no [No] person may sell, offer for
47-7 sale, purchase, offer to purchase, or possess after purchase a wild
47-8 bird, [wild] game bird, or [wild] game animal, dead or alive, or
47-9 part of the bird or animal.
47-10 (b) This section applies only to a bird or animal protected
47-11 by this code without regard to whether the bird or animal is taken
47-12 or killed in this state.
47-13 (c) This section does not prohibit the sale of:
47-14 (1) a live game animal, a dead or live game bird, or
47-15 the feathers of a game bird if the sale is conducted under
47-16 authority of a license or permit issued under this code; or
47-17 (2) an inedible part, including the hide, antlers,
47-18 bones, hooves, or sinew of a deer. [Subsection (a) of this section
47-19 does not apply to deer hides.]
47-20 [(d) The commission by proclamation shall authorize and
47-21 regulate the sale, purchase, and possession after purchase of deer
47-22 antlers.]
47-23 SECTION 87. Section 62.029, Parks and Wildlife Code, is
47-24 amended to read as follows:
47-25 Sec. 62.029. RECORDS OF GAME IN COLD STORAGE OR PROCESSING
47-26 FACILITY. (a) As used in this section, "cold storage or
47-27 processing facility" has the meaning assigned by Section 42.001 [a
48-1 "public cold storage plant" is any plant in which game is stored
48-2 for a person other than the owner of the plant].
48-3 (b) The owner, [or] operator, or lessee of a [public] cold
48-4 storage or processing facility [plant] shall maintain a book
48-5 containing a record of:
48-6 (1) the name, address, and hunting license number of
48-7 each person who killed [placing] a game bird or game animal that is
48-8 placed in the facility [storage];
48-9 (2) the name and address of each person who places a
48-10 game bird or game animal in the facility, if different from the
48-11 person who killed the bird or animal;
48-12 (3) the number and kind of game birds or game animals
48-13 placed in the facility [storage]; and
48-14 (4) [(3)] the date on which each game bird or game
48-15 animal is placed in the facility [storage].
48-16 (c) The owner, operator, or lessee shall enter all
48-17 information into the book as required by this section before
48-18 placing in storage or processing any game animal or game bird.
48-19 (d) The cold storage or processing facility record book
48-20 shall be kept at the facility and [by the owner or operator of a
48-21 public cold storage plant] may be inspected by an authorized
48-22 employee of the department during business hours or at any other
48-23 reasonable time.
48-24 (e) Each cold storage or processing facility record book
48-25 shall be kept at the facility until the first anniversary of the
48-26 date of the last entry in the book.
48-27 SECTION 88. Section 62.030, Parks and Wildlife Code, is
49-1 amended to read as follows:
49-2 Sec. 62.030. POSSESSION OF GAME IN COLD STORAGE OR
49-3 PROCESSING FACILITY. A person may place and maintain, or possess,
49-4 in a cold storage or processing facility [public or private storage
49-5 plant, refrigerator, or locker] lawfully [taken or] killed game
49-6 birds and [,] game animals[, waterfowl, or migratory waterfowl] not
49-7 in excess of the number permitted to be possessed by law.
49-8 SECTION 89. Section 62.031, Parks and Wildlife Code, is
49-9 amended to read as follows:
49-10 Sec. 62.031. INSPECTIONS OF [STORAGE] FACILITIES. (a)
49-11 Authorized employees of the department may enter and inspect a
49-12 [public] cold storage or processing facility [plant] or other
49-13 place, including taxidermist shops and tanneries, where protected
49-14 wildlife are stored.
49-15 (b) In this section "protected wildlife" means game animals,
49-16 [and] game birds, [and] nongame animals, and nongame birds that
49-17 are the subject of any protective law or regulation of this state
49-18 or the United States.
49-19 (c) Inspections under this section may be made during normal
49-20 business hours or at any other reasonable time [when the facilities
49-21 are open to the public generally but may include areas within a
49-22 facility not generally open to the public].
49-23 SECTION 90. Section 62.082, Parks and Wildlife Code, is
49-24 amended to read as follows:
49-25 Sec. 62.082. TARGET RANGES AND MANAGED HUNTS. (a) The
49-26 Board of Directors of the Lower Colorado River Authority may lease
49-27 river authority land to be used on a nonprofit basis for a target
50-1 rifle or archery range [only and not for hunting].
50-2 (b) A member of the boy scouts or the girl scouts or other
50-3 nonprofit public service group or organization may possess and
50-4 shoot a firearm, bow, and crossbow for target or instructional
50-5 purposes under the supervision of a qualified instructor registered
50-6 with and approved by the Lower Colorado River Authority on ranges
50-7 designated by the Lower Colorado River Authority. [This subsection
50-8 does not permit hunting by any person.]
50-9 (c) The Board of Directors of the Lower Colorado River
50-10 Authority may authorize lawful hunting on Lower Colorado River
50-11 Authority lands, consistent with sound biological management
50-12 practices.
50-13 (d) Section 62.081 does not apply to an employee of the
50-14 Lower Colorado River Authority, a person authorized to hunt under
50-15 Subsection (c), or a peace officer as defined by Article 2.12, Code
50-16 of Criminal Procedure.
50-17 SECTION 91. Subchapter A, Chapter 63, Parks and Wildlife
50-18 Code, is amended by adding Section 63.002 to read as follows:
50-19 Sec. 63.002. POSSESSION OF LIVE GAME ANIMALS. No person may
50-20 possess a live game animal in this state for any purpose not
50-21 authorized by this code.
50-22 SECTION 92. Section 64.002, Parks and Wildlife Code, is
50-23 amended to read as follows:
50-24 Sec. 64.002. PROTECTION OF NONGAME BIRDS. (a) Except as
50-25 provided by [in this section, Chapter 67, or Section 12.013 of]
50-26 this code, no person may:
50-27 (1) catch, kill, injure, pursue, or possess, dead or
51-1 alive, or purchase, sell, expose for sale, transport, ship, or
51-2 receive or deliver for transportation, a bird that is not a game
51-3 bird;
51-4 (2) possess any part of the plumage, skin, or body of
51-5 a bird that is not a game bird; or
51-6 (3) disturb or destroy the eggs, nest, or young of a
51-7 bird that is not a game bird.
51-8 (b) European starlings, English sparrows, and [grackles,
51-9 ravens, red-winged blackbirds, cowbirds,] feral rock doves (Columba
51-10 livia)[, and crows] may be killed at any time and their nests or
51-11 eggs may be destroyed.
51-12 (c) A permit is not required to control yellow-headed,
51-13 red-winged, rusty, or Brewer's blackbirds or all grackles,
51-14 cowbirds, crows, or magpies when found committing or about to
51-15 commit depredations on ornamental or shade trees, agricultural
51-16 crops, livestock, or wildlife, or when concentrated in numbers and
51-17 in a manner that constitutes a health hazard or other nuisance.
51-18 (d) Canaries, parrots, and other exotic nongame birds may be
51-19 sold, purchased, and kept as domestic pets.
51-20 SECTION 93. Subchapter A, Chapter 64, Parks and Wildlife
51-21 Code, is amended by adding Section 64.007 to read as follows:
51-22 Sec. 64.007. POSSESSION OF LIVE GAME BIRDS. No person may
51-23 possess a live game bird in this state except as authorized by this
51-24 code.
51-25 SECTION 94. Section 64.022, Parks and Wildlife Code, is
51-26 amended to read as follows:
51-27 Sec. 64.022. AUTHORITY OF COMMISSION [DEPARTMENT]. The
52-1 commission [department] shall provide the open season[,] and means,
52-2 methods, and devices for the hunting [taking] and possessing of
52-3 migratory game birds and may delegate that authority to the
52-4 executive director.
52-5 SECTION 95. Sections 64.024(b) and (c), Parks and Wildlife
52-6 Code, are amended to read as follows:
52-7 (b) [A regulation issued by the department must be
52-8 incorporated in the minutes of the meeting at which it was adopted,
52-9 and a copy of the regulation must be filed with the secretary of
52-10 state and each county clerk and county attorney.]
52-11 [(c)] The commission may adopt an emergency regulation
52-12 governing the hunting [taking] or possession of migratory game
52-13 birds if the commission finds that an emergency condition affecting
52-14 the supply or condition of migratory game birds exists.
52-15 SECTION 96. Section 64.026, Parks and Wildlife Code, is
52-16 amended to read as follows:
52-17 Sec. 64.026. PROHIBITED ACTS. No person may hunt or possess
52-18 a migratory game bird by any means or method [or device] except as
52-19 provided by regulation issued under this code [subchapter].
52-20 SECTION 97. Section 65.001, Parks and Wildlife Code, is
52-21 amended to read as follows:
52-22 Sec. 65.001. DEFINITIONS. In this chapter:
52-23 (1) "Alligator" means a living or dead American
52-24 alligator (Alligator mississippiensis).
52-25 (2) ["Alligator buyer" means a person who buys
52-26 alligators, alligator hides, or any part of an alligator.]
52-27 [(3)] "Alligator hunter" means a person who takes an
53-1 alligator, an alligator egg, [dead or live alligators] or any part
53-2 of an alligator.
53-3 (3) [(4)] "Possess" means the act of having in
53-4 possession or control, keeping, detaining, restraining, or holding
53-5 as owner or as agent, bailee, or custodian for another.
53-6 (4) [(5)] "Take" means the act of hooking, netting,
53-7 snaring, trapping, pursuing, shooting, killing, [or] capturing, or
53-8 collecting by any means or device and includes the attempt to take
53-9 by the use of any method.
53-10 (5) [(6)] "Resident" means an individual who has
53-11 resided continuously in this state during the [for more than] six
53-12 months preceding the individual's application [immediately before
53-13 applying] for any [an alligator hunter's or alligator buyer's]
53-14 license or permit issued under this chapter.
53-15 (6) [(7)] "Nonresident" means an individual who is not
53-16 a resident.
53-17 SECTION 98. Section 65.003, Parks and Wildlife Code, is
53-18 amended to read as follows:
53-19 Sec. 65.003. REGULATIONS. (a) The commission may regulate
53-20 by proclamation the taking, possession, propagation,
53-21 transportation, exportation, importation, sale, and offering for
53-22 sale of alligators, alligator eggs, or any part of an alligator
53-23 that the commission considers necessary to manage this species.
53-24 (b) The regulations of the commission under this chapter may
53-25 provide for:
53-26 (1) permit application forms, fees, and procedures;
53-27 (2) hearing procedures;
54-1 (3) the periods of time when it is lawful to take,
54-2 possess, sell, or purchase alligators, alligator hides, alligator
54-3 eggs, or any part of an alligator; [and]
54-4 (4) limits, size, means, methods, [manner,] and places
54-5 in which it is lawful to take or possess alligators, alligator
54-6 hides, alligator eggs, or any part of an alligator; and
54-7 (5) control of nuisance alligators.
54-8 SECTION 99. Section 65.005, Parks and Wildlife Code, is
54-9 amended to read as follows:
54-10 Sec. 65.005. POSSESSION. [(a)] No person may take, sell,
54-11 purchase, or possess an alligator, [the egg of] an alligator egg,
54-12 or any part of an alligator in this state except as permitted by
54-13 the regulations of the commission.
54-14 [(b) This chapter does not prohibit consumers from
54-15 purchasing or possessing goods processed or manufactured from
54-16 alligators that have been taken in accordance with the law.]
54-17 SECTION 100. Section 65.006, Parks and Wildlife Code, is
54-18 amended to read as follows:
54-19 Sec. 65.006. LICENSE REQUIRED. (a) No person may take,
54-20 attempt to take, or possess[, or accompany another person who is
54-21 attempting to take] an alligator in this state [during the open
54-22 season established by the commission for taking alligators] unless
54-23 the person [he] has acquired and possesses an alligator hunter's
54-24 license.
54-25 (b) No [Except as provided by Section 65.005(b) of this
54-26 code, no] person for any purpose may possess, purchase, or possess
54-27 after purchase an alligator, an alligator hide, an alligator egg,
55-1 or any part of an alligator taken in this state unless:
55-2 (1) the person [he] has acquired and possesses a
55-3 permit issued by the department for that purpose; or
55-4 (2) a regulation of the commission otherwise allows
55-5 the possession or purchase without a permit [an alligator buyer's
55-6 license].
55-7 SECTION 101. Section 65.007, Parks and Wildlife Code, is
55-8 amended to read as follows:
55-9 Sec. 65.007. LICENSE FEES. The fees for the licenses issued
55-10 under this chapter are in the following amounts or in amounts set
55-11 by the commission, whichever amounts are more:
55-12 (1) $25 for a resident alligator hunter's license; and
55-13 (2) [$150 for a resident alligator buyer's license;]
55-14 [(3)] $50 for a nonresident alligator hunter's
55-15 license[; and]
55-16 [(4) $300 for a nonresident alligator buyer's
55-17 license].
55-18 SECTION 102. Section 66.002(a), Parks and Wildlife Code, is
55-19 amended to read as follows:
55-20 (a) No person may catch, take, or attempt to catch or take
55-21 any aquatic animal life [fish] by any means or method from [the use
55-22 of a net or seine or explosive or by poisoning, polluting,
55-23 muddying, ditching, or draining in] any privately owned waters
55-24 [lake, pool, or pond] without the consent of the landowner or the
55-25 landowner's agent [owner].
55-26 SECTION 103. Section 66.003(b), Parks and Wildlife Code, is
55-27 amended to read as follows:
56-1 (b) Subsection (a) of this section does not apply to the use
56-2 of explosives necessary for construction purposes when the use is
56-3 authorized in writing by the department [county judge of the county
56-4 where the work is to be done].
56-5 SECTION 104. Section 66.014(a), Parks and Wildlife Code, is
56-6 amended to read as follows:
56-7 (a) No person may transport any aquatic product for
56-8 commercial purposes unless the person clearly identifies the motor
56-9 vehicle, trailer, or semitrailer as a vehicle that carries aquatic
56-10 products. The commission shall prescribe by proclamation the
56-11 identification requirements for a motor vehicle, trailer, or
56-12 semitrailer transporting aquatic products, and the commission may
56-13 prescribe that the identification shall list the state of origin of
56-14 the aquatic products. In this subsection, "motor vehicle,"
56-15 "trailer," and "semitrailer" ["semitrailer,"] have the meanings
56-16 assigned [meaning given those terms] by Section 541.201,
56-17 Transportation Code [the Uniform Act Regulating Traffic on Highways
56-18 (Article 6701d, Vernon's Texas Civil Statutes)].
56-19 SECTION 105. Section 66.015(d), Parks and Wildlife Code, is
56-20 amended to read as follows:
56-21 (d) Subsection (b) of this [This] section does not apply to
56-22 native, nongame fish as defined by the commission, except in waters
56-23 designated by the commission where threatened or endangered fish
56-24 are present.
56-25 SECTION 106. Section 66.109(a), Parks and Wildlife Code, is
56-26 amended to read as follows:
56-27 (a) The department [commissioners court of each county], by
57-1 written order, may require the owner of a public or private dam or
57-2 other obstruction on a regularly flowing public freshwater stream
57-3 to construct or repair fishways or fish ladders sufficient to allow
57-4 fish in all seasons to ascend or descend the dam or other
57-5 obstruction for the purpose of depositing spawn.
57-6 SECTION 107. Section 66.2011, Parks and Wildlife Code, is
57-7 amended to read as follows:
57-8 Sec. 66.2011. RED DRUM AND SPECKLED SEA TROUT: PENALTIES
57-9 [DAILY CATCH AND RETENTION LIMITS]. [(a) No person may:]
57-10 [(1) catch and retain in one day more than 10 red
57-11 drum;]
57-12 [(2) possess at one time more than 20 red drum;]
57-13 [(3) possess at one time more than two red drum longer
57-14 than 35 inches; or]
57-15 [(4) catch and retain a red drum shorter than 14
57-16 inches.]
57-17 [(b) No person may:]
57-18 [(1) catch and retain in one day more than 20 speckled
57-19 sea trout;]
57-20 [(2) possess at one time more than 40 speckled sea
57-21 trout; or]
57-22 [(3) catch and retain a speckled sea trout shorter
57-23 than 12 inches.]
57-24 [(c) Daily catch, retention, and size limits for redfish and
57-25 speckled sea trout set by the commission under the Wildlife
57-26 Conservation Act of 1983 (Chapter 61 of this code) prevail over the
57-27 limits under this section. If the commission does not set catch,
58-1 retention, and size limits for redfish and speckled sea trout under
58-2 the conservation Act, this section applies.]
58-3 [(d)] In addition to the penalty provided in Section 66.218
58-4 [of this code], a person who violates [this section or] a
58-5 proclamation issued under [this section or under] Chapter 61 shall
58-6 have all equipment, other than vessels, in the person's [his]
58-7 possession used for the taking of red drum or speckled sea trout
58-8 confiscated. A person who violates [this section or] a
58-9 proclamation issued under [this section or under] Chapter 61 three
58-10 or more times within a five-year period shall have all equipment,
58-11 including vessels, in the person's [his] possession used for the
58-12 taking of redfish or speckled sea trout confiscated.
58-13 SECTION 108. Sections 66.2012(d)-(f), Parks and Wildlife
58-14 Code, are amended to read as follows:
58-15 (d) A proclamation of the commission under this section
58-16 prevails over any conflicting provision of Section 66.020 [Sections
58-17 66.201 and 66.2011 of this code] to the extent of the conflict and
58-18 only during the period that the proclamation is in effect.
58-19 (e) This section does not apply to activities that are
58-20 regulated under the exceptions provided by Subdivisions (1), (2),
58-21 and (3) of Section 66.020(b) [66.201(e) of this code] or under
58-22 Subsections (f) and (g) of that section.
58-23 (f) A person who violates a proclamation issued under
58-24 Subsection (a) [of this section] is guilty of an offense and is
58-25 punishable for the first and subsequent offenses by the penalties
58-26 prescribed by Sections 66.2011 [66.2011(d)] and 66.218 [of this
58-27 code].
59-1 SECTION 109. Section 67.001, Parks and Wildlife Code, is
59-2 amended to read as follows:
59-3 Sec. 67.001. DEFINITION[; REGULATIONS]. [(a)] In this
59-4 chapter, "nongame" means those species of vertebrate and
59-5 invertebrate wildlife indigenous to Texas[, and elk east of the
59-6 Pecos,] that are not classified as game animals, game birds, game
59-7 fish, fur-bearing animals, endangered species, alligators, marine
59-8 penaeid shrimp, or oysters.
59-9 [(b) The commission by regulation shall establish any
59-10 limitations on the taking, possession, transportation, exportation,
59-11 sale, and offering for sale of nongame fish and wildlife that the
59-12 department considers necessary to manage these species.]
59-13 SECTION 110. Section 67.004, Parks and Wildlife Code, is
59-14 amended to read as follows:
59-15 Sec. 67.004. ISSUANCE OF REGULATIONS. (a) The commission
59-16 by regulation shall establish any limits on the taking, possession,
59-17 propagation, transportation, importation, exportation, sale, or
59-18 offering for sale of nongame fish or wildlife that the department
59-19 considers necessary to manage the species.
59-20 (b) The regulations shall state the name of the species or
59-21 subspecies, by common and scientific name, that the department
59-22 determines to be in need of management under this chapter.
59-23 [(b) The department shall conduct a public hearing on all
59-24 proposed regulations and shall publish notice of the hearing in at
59-25 least three major newspapers of general circulation in this state
59-26 at least one week before the date of the hearing.]
59-27 [(c) The department shall solicit comments on the proposed
60-1 regulations at the public hearing and by other means.]
60-2 [(d) On the basis of the information received at the hearing
60-3 or by other means, the department may modify a proposed regulation.]
60-4 [(e) Regulations become effective 60 days after the date
60-5 they are proposed unless withdrawn by the department.]
60-6 SECTION 111. Section 67.0041, Parks and Wildlife Code, is
60-7 amended to read as follows:
60-8 Sec. 67.0041. REGULATIONS AND PERMITS. (a) The department
60-9 may issue permits for the taking, possession, propagation,
60-10 transportation, sale, importation, or exportation of a nongame
60-11 species of fish or wildlife if necessary to properly manage that
60-12 species.
60-13 (b) The department may charge a fee for a permit issued
60-14 under this section [for a commercial activity]. The fee shall be
60-15 set by the commission.
60-16 SECTION 112. Sections 68.014 and 68.015, Parks and Wildlife
60-17 Code, are amended to read as follows:
60-18 Sec. 68.014. REGULATIONS. The department shall make
60-19 regulations necessary to administer the provisions of this chapter
60-20 and to attain its objectives, including regulations to govern:
60-21 (1) permit application forms, fees, and procedures;
60-22 (2) hearing procedures;
60-23 (3) procedures for identifying endangered fish and
60-24 wildlife or goods made from endangered fish or wildlife which may
60-25 be possessed, propagated, or sold under this chapter; [and]
60-26 (4) publication and distribution of lists of species
60-27 and subspecies of endangered fish or wildlife and their products;
61-1 and
61-2 (5) limitations on the capture, trapping, taking, or
61-3 killing, or attempting to capture, trap, take, or kill, and the
61-4 possession, transportation, exportation, sale, and offering for
61-5 sale of endangered species.
61-6 Sec. 68.015. PROHIBITED ACTS. (a) No person may capture,
61-7 trap, take, or kill, or attempt to capture, trap, take, or kill,
61-8 endangered fish or wildlife.
61-9 (b) No person may possess, sell, distribute, or offer or
61-10 advertise for sale endangered fish or wildlife unless the fish or
61-11 wildlife have been lawfully born and raised in captivity for
61-12 commercial purposes under the provisions of this chapter.
61-13 (c) [(b)] No person may possess, sell, distribute, or offer
61-14 or advertise for sale any goods made from endangered fish or
61-15 wildlife unless:
61-16 (1) the goods were made from fish or wildlife that
61-17 were born and raised in captivity for commercial purposes under the
61-18 provisions of this chapter; or
61-19 (2) the goods were made from fish or wildlife lawfully
61-20 taken in another state and the person presents documented evidence
61-21 to the department to substantiate that fact.
61-22 (d) [(c)] No person may sell, advertise, or offer for sale
61-23 any species of fish or wildlife not classified as endangered under
61-24 the name of any endangered fish or wildlife.
61-25 SECTION 113. Sections 71.005(b)-(d), Parks and Wildlife
61-26 Code, are amended to read as follows:
61-27 (b) Except as provided by commission regulation, no [No]
62-1 person may purchase, [or] possess after purchase, or transport for
62-2 commercial purposes a pelt or carcass taken in this state unless
62-3 the person [he] has acquired and possesses a retail fur buyer's or
62-4 wholesale fur dealer's license.
62-5 (c) No person may capture [take] or possess a live
62-6 fur-bearing animal for any [the] purpose, except as otherwise
62-7 authorized by this code, [of propagation or sale] unless he has
62-8 acquired and possesses a fur-bearing animal propagation license.
62-9 (d) A person who possesses a hunting license [and is engaged
62-10 in a lawful hunting activity for any species other than fur-bearing
62-11 animals] may take and possess a fur-bearing animal if:
62-12 (1) neither the fur-bearing animal nor any part of
62-13 that animal is taken for the purpose of sale, barter, or exchange;
62-14 and
62-15 (2) the number of fur-bearing animals taken does not
62-16 exceed the daily bag limit or possession limit set by commission
62-17 regulation.
62-18 SECTION 114. Section 76.1031(b), Parks and Wildlife Code, is
62-19 amended to read as follows:
62-20 (b) All licenses issued under the authority of this chapter
62-21 [Chapter 76 of this code] may not be transferred to another person
62-22 or vessel except as provided by this subsection. A license issued
62-23 under the authority of Section 76.101(c) may be transferred to
62-24 another vessel or to a new owner of the same vessel. The
62-25 commission, by regulation, may prescribe requirements necessary to
62-26 clarify license transfer procedures and may prescribe, by
62-27 regulation, forms to be used and fees to be charged for transfer of
63-1 licenses in this chapter and for duplicate license plates or
63-2 duplicate or replacement licenses.
63-3 SECTION 115. Section 76.116, Parks and Wildlife Code, is
63-4 amended to read as follows:
63-5 Sec. 76.116. OYSTERS FROM RESTRICTED [POLLUTED] AREAS.
63-6 (a) There is no open season for taking oysters from areas closed
63-7 [declared to be polluted] by the Texas [State] Department of
63-8 Health[, and a person who takes oysters from such an area violates
63-9 Section 76.108(a) of this code].
63-10 (b) The department may authorize by permit the transplanting
63-11 of oysters from restricted areas or other areas designated by the
63-12 department [polluted areas] to private oyster leases.
63-13 (c) A person removing oysters from a restricted area or
63-14 other area designated by the department [polluted areas] without a
63-15 permit shall replace the oysters in the beds from which they were
63-16 taken as directed by authorized employees of the department.
63-17 SECTION 116. Section 77.020, Parks and Wildlife Code, is
63-18 amended to read as follows:
63-19 Sec. 77.020. PENALTY. (a) A person who violates a provision
63-20 of this chapter except Section 77.024 or 77.061(a)(1) or who
63-21 violates a regulation adopted under this chapter [of this code]
63-22 commits an offense that is a Class C Parks and Wildlife Code
63-23 misdemeanor.
63-24 (b) If it is shown at the trial of the defendant that the
63-25 person [he] has been convicted once within five years before the
63-26 trial date of a violation of a provision of this chapter except
63-27 Section 77.024 or 77.061(a)(1) [of this code], or of a regulation
64-1 adopted under this chapter, the person [he] is guilty of a Class B
64-2 Parks and Wildlife Code misdemeanor.
64-3 (c) If it is shown at the trial of the defendant that the
64-4 person [he] has been convicted two or more times within five years
64-5 before the trial date of a violation of a provision of this
64-6 chapter except Section 77.024 or 77.061(a)(1) [of this code], or of
64-7 a regulation adopted under this chapter, the person [he] is guilty
64-8 of a Class A Parks and Wildlife Code misdemeanor.
64-9 SECTION 117. Section 77.0361, Parks and Wildlife Code, is
64-10 amended by amending Subsection (b) and adding Subsection (c) to
64-11 read as follows:
64-12 (b) All licenses issued under the authority of this chapter
64-13 [Chapter 77 of this code] may not be transferred to another person
64-14 or vessel except as provided by Subsection (c) [this subsection] or
64-15 by Section 77.113. A license issued under the authority of
64-16 Section 77.043 in the name of a business remains valid for the
64-17 business location specified on the license if a change of ownership
64-18 or business name occurs. A license issued under the authority of
64-19 Section 77.035 may be transferred to another vessel or to the new
64-20 owner of the same vessel.
64-21 (c) The commission, by regulation [rule], may prescribe
64-22 requirements necessary for license transfers and may prescribe, by
64-23 regulation [rule], forms to be used and fees to be charged for
64-24 transfers of licenses in this chapter, [and] for duplicate license
64-25 plates, or for [and/or] duplicate or replacement licenses.
64-26 SECTION 118. Section 77.037, Parks and Wildlife Code, is
64-27 amended to read as follows:
65-1 Sec. 77.037. TRANSFER OF LICENSE. A commercial gulf shrimp
65-2 boat license issued under this subchapter may be transferred on the
65-3 application of the licensee from a boat that has been destroyed or
65-4 lost to a boat acquired by the licensee as a replacement. The
65-5 commission, by regulation, may prescribe requirements necessary to
65-6 clarify license transfer procedures and may prescribe, by
65-7 regulation, forms to be used and fees to be charged for transfer of
65-8 licenses authorized by this subsection.
65-9 SECTION 119. Section 77.044(b), Parks and Wildlife Code, is
65-10 amended to read as follows:
65-11 (b) A bait-shrimp dealer's license may not be held by a
65-12 person who also holds a wholesale fish dealer's [shrimp house
65-13 operator's] license.
65-14 SECTION 120. The heading to Subchapter E, Chapter 81, Parks
65-15 and Wildlife Code, is amended to read as follows:
65-16 SUBCHAPTER E. WILDLIFE MANAGEMENT AREAS AND PUBLIC HUNTING LANDS
65-17 SECTION 121. Section 81.402, Parks and Wildlife Code, is
65-18 amended to read as follows:
65-19 Sec. 81.402. REGULATION OF HUNTING AND FISHING. (a) The
65-20 executive director [department] may prohibit hunting and fishing in
65-21 wildlife [game] management areas or public hunting lands to protect
65-22 any species of wildlife or fish.
65-23 (b) [The department from time to time, as sound biological
65-24 management permits, and until August 31, 1995, may allow open
65-25 seasons for hunting and fishing.]
65-26 [(c)] During an open season in wildlife management areas or
65-27 public hunting lands, the executive director [department] may
66-1 prescribe the number, kind, sex, and size of game or fish that may
66-2 be taken.
66-3 (c) [(d)] The executive director [department] may prescribe
66-4 the means, methods, and conditions for the taking of game or fish
66-5 during an open season in wildlife management areas or public
66-6 hunting lands.
66-7 (d) As [(e) After August 31, 1995, and as] sound biological
66-8 management permits, the commission may [only] prescribe an open
66-9 season for hunting after it has established a classification system
66-10 for such areas in accordance with Section 13.001(b) [of this code].
66-11 SECTION 122. Section 81.403, Parks and Wildlife Code, is
66-12 amended by amending Subsection (a) and adding Subsection (e) to
66-13 read as follows:
66-14 (a) Except as provided in Subsections [Subsection] (b) and
66-15 (e) [of this section], permits for hunting of wildlife or for any
66-16 other use in wildlife [on game] management areas shall be issued
66-17 by the department to applicants by means of a fair method of
66-18 distribution subject to limitations on the maximum number of
66-19 permits to be issued.
66-20 (e) The department may authorize and accept multiple
66-21 applications for special hunting permits, programs, packages, or
66-22 events.
66-23 SECTION 123. Subchapter B, Chapter 1, Parks and Wildlife
66-24 Code, is amended by adding Section 1.013 to read as follows:
66-25 Sec. 1.013. FENCES. This code does not prohibit or restrict
66-26 the owner or occupant of land from constructing or maintaining a
66-27 fence of any height on the land owned or occupied, and an owner or
67-1 occupant who constructs such a fence is not liable for the
67-2 restriction of the movement of wild animals by the fence. The
67-3 existence of a fence does not affect the status of wild animals as
67-4 property of the people of this state.
67-5 SECTION 124. Section 47.02(c), Penal Code, is amended to
67-6 read as follows:
67-7 (c) It is a defense to prosecution under this section that
67-8 the actor reasonably believed that the conduct:
67-9 (1) was permitted under the Bingo Enabling Act
67-10 (Article 179d, Vernon's Texas Civil Statutes);
67-11 (2) was permitted under the Charitable Raffle Enabling
67-12 Act (Article 179f, Revised Statutes);
67-13 (3) consisted entirely of participation in the state
67-14 lottery authorized by the State Lottery Act (Chapter 466,
67-15 Government Code);
67-16 (4) was permitted under the Texas Racing Act (Article
67-17 179e, Vernon's Texas Civil Statutes); or
67-18 (5) consisted entirely of participation in a drawing
67-19 for the opportunity to participate in a hunting, fishing, or other
67-20 recreational event conducted by [privileges authorized under] the
67-21 Parks and Wildlife Department [Code].
67-22 SECTION 125. The heading of Chapter 78, Parks and Wildlife
67-23 Code, is amended to read as follows:
67-24 CHAPTER 78. MUSSELS, [AND] CLAMS, AND CRABS
67-25 SECTION 126. Sections 78.001 through 78.007, Parks and
67-26 Wildlife Code, are designated as Subchapter A, Chapter 78, Parks
67-27 and Wildlife Code, and a heading for Subchapter A, Chapter 78,
68-1 Parks and Wildlife Code, is added to read as follows:
68-2 SUBCHAPTER A. MUSSELS AND CLAMS
68-3 SECTION 127. Chapter 78, Parks and Wildlife Code, is amended
68-4 by adding Subchapter B to read as follows:
68-5 SUBCHAPTER B. CRAB LICENSE MANAGEMENT
68-6 Sec. 78.101. CRAB LICENSE MANAGEMENT PROGRAM. To promote
68-7 efficiency and economic stability in the crabbing industry and to
68-8 conserve economically important crab resources, the department
68-9 shall implement a crab license management program in accordance
68-10 with proclamations adopted by the commission under Chapter 61 and
68-11 this subchapter.
68-12 Sec. 78.102. DEFINITIONS. In this subchapter:
68-13 (1) "Crab" means all species in the families
68-14 Portunidae and Xanthidae.
68-15 (2) "Commercial crab fishing" means pursuing, taking,
68-16 attempting to take, or landing crabs in this state for pay or for
68-17 the purpose of sale, barter, or exchange.
68-18 (3) "License" means a commercial license issued in
68-19 accordance with a proclamation under this subchapter that
68-20 authorizes commercial crab fishing or the operation of a commercial
68-21 crab boat.
68-22 Sec. 78.103. CRAB LICENSE MANAGEMENT REVIEW BOARD. (a) The
68-23 license holders under this chapter shall elect a crab license
68-24 management review board with an odd number of members greater than
68-25 four and fewer than 12.
68-26 (b) A member of the review board must be a license holder
68-27 under this subchapter or a wholesale fish dealer as defined by
69-1 Section 47.001 with knowledge of the commercial crab fishing
69-2 industry.
69-3 (c) A majority of the members of the review board may not be
69-4 residents of the same county.
69-5 (d) The review board shall advise the commission and
69-6 department and make recommendations concerning the administrative
69-7 aspects of the crab licensing program, including the definition of
69-8 flagrant offenses, and hardship appeal cases concerning
69-9 eligibility, license transfer, license renewal, license suspension,
69-10 and license revocation.
69-11 (e) The executive director shall adopt procedures for
69-12 determining the size and operations of the review board and the
69-13 election and terms of board members. The executive director shall
69-14 solicit and consider recommendations regarding these procedures
69-15 from persons who purchased crab trap tags after September 1, 1995,
69-16 and before August 31, 1996, or from holders of licenses issued
69-17 under this subchapter.
69-18 (f) The review board is not subject to Article 6252-33,
69-19 Revised Statutes.
69-20 (g) A member of the review board serves without compensation
69-21 or a per diem allowance.
69-22 Sec. 78.104. LICENSING. (a) If the commission adopts one
69-23 or more licenses to be issued under this subchapter, a person may
69-24 not engage in commercial crab fishing without a license adopted by
69-25 the commission. If the commission adopts a commercial crab boat
69-26 license to be issued under this subchapter, a person may not
69-27 operate a boat for the purpose of commercial crab fishing without
70-1 having a boat license as prescribed by the commission.
70-2 (b) A proclamation under this section requiring a license
70-3 must contain findings by the commission that support the need for
70-4 the proclamation. In determining the need for a license
70-5 requirement, the commission shall consider:
70-6 (1) measures to prevent waste or depletion of crabs
70-7 while achieving, on a continuing basis, the optimum yield for the
70-8 fishery;
70-9 (2) the best scientific information available;
70-10 (3) the effect a licensing program would have on the
70-11 management of crabs throughout the jurisdictional range;
70-12 (4) the need to promote, where practicable, efficiency
70-13 in using crabs; and
70-14 (5) the need to enhance enforcement.
70-15 (c) A proclamation issued under this section may:
70-16 (1) establish a license that is issued to a person, to
70-17 a person and limited to a vessel, or to a person according to the
70-18 equipment used in commercial crab fishing, including issuing tags
70-19 for crab traps placed in public waters under Section 66.018;
70-20 (2) establish eligibility requirements for a license,
70-21 including the use of historical participation in the industry or
70-22 participation in the industry after August 31, 1995, and before
70-23 November 14, 1996;
70-24 (3) establish requirements for license transfer;
70-25 (4) prohibit license transfer during certain time
70-26 periods; and
70-27 (5) establish a lottery or an auction for issuing
71-1 licenses.
71-2 Sec. 78.105. LICENSE FEE. The fee for a license is $500, or
71-3 an amount set by the commission, whichever amount is more. All
71-4 fees generated by the issuance of a license under this subchapter
71-5 are to be sent to the comptroller for deposit to the credit of the
71-6 game, fish, and water safety account.
71-7 Sec. 78.106. LICENSE RENEWAL. A person seeking to renew a
71-8 license established by this subchapter must have held the license
71-9 during the preceding license year.
71-10 Sec. 78.107. LIMIT ON NUMBER OF LICENSES HELD. (a) A
71-11 person may not hold or directly or indirectly control more than
71-12 three licenses issued under this subchapter other than an equipment
71-13 license.
71-14 (b) A license issued to a person other than an individual
71-15 must designate an individual in whose name the license will be
71-16 issued.
71-17 Sec. 78.108. EXPIRATION OF LICENSE. A license required by
71-18 this subchapter is valid only during the period for which it is
71-19 issued without regard to the date on which the license is acquired.
71-20 Each period is one year beginning on September 1 or another date
71-21 set by the commission.
71-22 Sec. 78.109. LICENSE TRANSFER. (a) The commission by rule
71-23 may set a fee for the transfer of a license. The amount of the fee
71-24 may not exceed the amount of the license fee.
71-25 (b) The commission shall send all license transfer fees to
71-26 the comptroller for deposit to the credit of the game, fish, and
71-27 water safety account.
72-1 (c) The commission by proclamation shall allow a license to
72-2 be transferred beginning not later than September 1, 2001. The
72-3 commission shall annually review the decision regarding license
72-4 transfer.
72-5 (d) Notwithstanding Subsection (c), a license may be
72-6 transferred at any time to an heir or devisee of a deceased license
72-7 holder, but only if the heir or devisee is a person who in the
72-8 absence of a will would be entitled to all or a portion of the
72-9 deceased's property.
72-10 Sec. 78.110. LICENSE SUSPENSION AND REVOCATION. (a) The
72-11 executive director, after notice to a license holder and the
72-12 opportunity for a hearing, may suspend or revoke a license if the
72-13 license holder or any other operator of a licensed vessel is shown
72-14 to have been convicted of one or more flagrant offenses defined by
72-15 a proclamation of the commission during a period described by the
72-16 proclamation of the commission.
72-17 (b) A license suspension does not affect the license
72-18 holder's eligibility to renew the license after the suspension
72-19 expires.
72-20 (c) The same flagrant offense may not be counted for more
72-21 than one suspension under this section.
72-22 Sec. 78.111. LICENSE BUYBACK. (a) The department may
72-23 implement a license buyback program as part of the crab license
72-24 management program established by this subchapter.
72-25 (b) The commission by rule may establish criteria, using
72-26 reasonable classifications, by which the department selects
72-27 licenses to be purchased. The commission may delegate to the
73-1 executive director, for purposes of this section only, the
73-2 authority to develop the criteria through rulemaking procedures,
73-3 but the commission by order must finally adopt the rules
73-4 establishing the criteria. The commission or executive director
73-5 must consult with the crab license management review board
73-6 concerning establishment of the criteria.
73-7 (c) The commission must retire each license purchased under
73-8 the license buyback program until the commission finds that
73-9 management of the crab fishery allows reissue of those licenses
73-10 through auction or lottery.
73-11 (d) The department shall set aside at least 20 percent of
73-12 the fee from commercial crab licenses and transfer fees to be used
73-13 only for the purpose of buying back commercial crab licenses from a
73-14 willing license holder. That money shall be sent to the
73-15 comptroller for deposit to the credit of the game, fish, and water
73-16 safety account.
73-17 (e) The department may accept grants and donations of money
73-18 or materials from private or public sources for the purpose of
73-19 buying back commercial crab licenses from a willing license holder
73-20 and shall send the accepted money or material to the comptroller
73-21 for deposit to the credit of the game, fish, and water safety
73-22 account to be used only for the purpose of buying back commercial
73-23 crab licenses from a willing license holder.
73-24 (f) Money to be used for the purpose of buying back
73-25 commercial crab licenses is not subject to Section 403.095,
73-26 Government Code.
73-27 Sec. 78.112. PROGRAM ADMINISTRATION; RULES. (a) The
74-1 executive director shall establish administrative procedures to
74-2 carry out the requirements of this subchapter.
74-3 (b) The commission shall adopt any rules necessary for the
74-4 administration of the program established under this subchapter.
74-5 Sec. 78.113. DISPOSITION OF FUNDS. Money received for a
74-6 license issued under this subchapter or fines for violations of
74-7 this subchapter shall be remitted to the department by the 10th day
74-8 of the month following the date of collection.
74-9 Sec. 78.114. PROCLAMATION; PROCEDURES. Subchapter D,
74-10 Chapter 61, and Sections 61.054 and 61.055 apply to the adoption of
74-11 proclamations under this subchapter.
74-12 SECTION 128. Section 47.002, Parks and Wildlife Code, is
74-13 amended by adding Subsection (h) to read as follows:
74-14 (h) A person who engages in or assists in commercial crab
74-15 fishing under Subchapter B, Chapter 78, and who holds a license for
74-16 that activity is not required to obtain or possess a general
74-17 commercial fisherman's license or a commercial fishing boat
74-18 license.
74-19 SECTION 129. Section 66.018, Parks and Wildlife Code, is
74-20 amended by amending Subsections (a), (c), and (d) and adding
74-21 Subsection (f) to read as follows:
74-22 (a) The department may [shall] issue [numbered] tags for
74-23 crab traps placed in public water.
74-24 (c) A crab trap tag issued under this section shall be
74-25 attached to each crab trap placed in public water. The department
74-26 may [shall] collect a maximum fee of $1.50 for each tag issued
74-27 under this section; provided, however, that upon adoption of a crab
75-1 management plan and the establishment of a crab advisory committee,
75-2 the commission may determine the amount of the fee.
75-3 (d) No person may place a crab trap in public water unless a
75-4 crab trap tag is attached to the trap unless a proclamation under
75-5 Subchapter B, Chapter 78, requires a license that does not require
75-6 the use of crab trap tags.
75-7 (f) If the commission adopts a license under Subchapter B,
75-8 Chapter 78, the department may not collect a fee for any crab trap
75-9 tag.
75-10 SECTION 130. The following provisions of the Parks and
75-11 Wildlife Code are repealed: Sections 11.0161(b), 12.004(a), 12.007,
75-12 12.012, 12.014, 12.016, 12.022, 12.023, 12.111, 13.0011, 13.0012,
75-13 and 13.111; Subchapter E, Chapter 23; Sections 41.001, 41.002,
75-14 41.007, 43.046, 43.048, 43.0485, 43.0761, 43.0765, 44.0135, 46.107,
75-15 47.036, 49.004, 49.0045, 49.0047, 49.005-49.009, 49.013, 61.004,
75-16 61.105, 61.203, 62.027, 62.028, 66.112, 66.302, 76.010, 76.011,
75-17 76.013, 76.014, 76.018, 76.034, 76.105, 76.108, 76.110, 76.111,
75-18 76.112(a), 76.113, 77.001(9), 77.005, 77.012, 77.013,
75-19 77.016-77.019, 77.038, 77.041, 77.042, 77.047, 77.063(a),
75-20 77.064-77.070; Subchapter E, Chapter 77; Sections 81.002 and
75-21 81.201-81.205; Subchapter A, Chapter 82; Subchapter A, Chapter
75-22 114; Subchapter A, Chapter 130; Subchapter A, Chapter 131;
75-23 Subchapter A, Chapter 134; Subchapter A, Chapter 136; Subchapter A,
75-24 Chapter 143; Subchapter A, Chapter 192; Subchapter A, Chapter 202;
75-25 Subchapter A, Chapter 216; Subchapters A and B, Chapter 223;
75-26 Section 223.022; Subchapter A, Chapter 237; Subchapters A and D,
75-27 Chapter 246; Subchapter A, Chapter 258; Subchapter A, Chapter 272;
76-1 Subchapter A, Chapter 283; Section 355.003; and Chapters 101-113,
76-2 115-129, 132, 133, 135, 137-142, 144-191, 193-201, 203-215,
76-3 217-222, 224-236, 238-245, 247-257, 259-271, 273-282, and 284-354.
76-4 SECTION 131. This Act takes effect September 1, 1997.
76-5 SECTION 132. (a) Notwithstanding Section 78.103, Parks and
76-6 Wildlife Code, as added by this Act, a person is eligible to vote
76-7 in the election of or serve on the initial crab license management
76-8 review board only if the person purchased crab trap tags after
76-9 September 1, 1995, and before August 31, 1996, except that
76-10 wholesale fish dealers with knowledge of the commercial crab
76-11 fishing industry may also serve on the board. The initial board
76-12 shall consist of an odd number of members greater than four and
76-13 fewer than 12. The election of the initial board shall be held
76-14 before November 1, 1997, or as soon as practicable after that date.
76-15 (b) The Parks and Wildlife Department shall issue a written
76-16 report to the governor and the legislature not later than January
76-17 1, 2001, that includes an overview of the administration and status
76-18 of the crab license management program, including the biological,
76-19 social, and economic effects of the program.
76-20 SECTION 133. (a) Not later than October 1, 1997, the Parks
76-21 and Wildlife Department shall submit to the legislature a report
76-22 describing the actions the department has taken, and the actions
76-23 the department plans to take during the 1998-1999 biennium, to
76-24 address deficiencies in maintenance, operational support, and
76-25 promotion of historic structures, sites, and parks under the
76-26 department's jurisdiction. The report shall respond in detail to
76-27 the findings and recommendations included in the study of state
77-1 historic sites conducted for the department and the Texas
77-2 Historical Commission by KPMG Peat Marwick, L.L.P., and submitted
77-3 to those agencies in January 1997.
77-4 (b) Copies of the department's report shall be delivered to
77-5 the lieutenant governor, the speaker of the house of
77-6 representatives, and the presiding officers of the senate and house
77-7 standing committees having jurisdiction over matters relating to
77-8 preservation of state historic structures, sites, and parks.
77-9 SECTION 134. (a) A change in law made by this Act that
77-10 relates to an offense or penalty applies only to an offense
77-11 committed on or after September 1, 1997. For purposes of this
77-12 section, an offense is committed before September 1, 1997, if any
77-13 element of the offense occurs before that date.
77-14 (b) An offense committed before September 1, 1997, is
77-15 covered by the law in effect when the offense was committed, and
77-16 the former law is continued in effect for that purpose.
77-17 SECTION 135. A rule adopted by the Parks and Wildlife
77-18 Commission before September 1, 1997, is not invalid because the
77-19 rule conflicts with a provision of the Parks and Wildlife Code that
77-20 was in effect at the time the rule was adopted and that is repealed
77-21 by this Act. A rule adopted before September 1, 1997, that
77-22 conflicts with a provision in effect at the time the rule was
77-23 adopted and repealed by this Act may not take effect before
77-24 September 1, 1997.
77-25 SECTION 136. The importance of this legislation and the
77-26 crowded condition of the calendars in both houses create an
77-27 emergency and an imperative public necessity that the
78-1 constitutional rule requiring bills to be read on three several
78-2 days in each house be suspended, and this rule is hereby suspended.
_______________________________ _______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 2542 was passed by the House on May
1, 1997, by a non-record vote; that the House refused to concur in
Senate amendments to H.B. No. 2542 on May 19, 1997, and requested
the appointment of a conference committee to consider the
differences between the two houses; and that the House adopted the
conference committee report on H.B. No. 2542 on May 31, 1997, by a
non-record vote.
_______________________________
Chief Clerk of the House
I certify that H.B. No. 2542 was passed by the Senate, with
amendments, on May 14, 1997, by a viva-voce vote; at the request of
the House, the Senate appointed a conference committee to consider
the differences between the two houses; and that the Senate adopted
the conference committee report on H.B. No. 2542 on May 31, 1997,
by a viva-voce vote.
_______________________________
Secretary of the Senate
APPROVED: _____________________
Date
_____________________
Governor