75R11841 E
By Kuempel H.B. No. 2542
Substitute the following for H.B. No. 2542:
By Kuempel C.S.H.B. No. 2542
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the regulation of parks and wildlife; providing
1-3 penalties.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 1.012, Parks and Wildlife Code, is
1-6 amended to read as follows:
1-7 Sec. 1.012. PUBLIC [PRIVATE] FRESH WATER. Any public
1-8 freshwater lake, river, creek, or bayou in this state contained in
1-9 any survey of private land may not be sold but shall remain open to
1-10 the public. The [If the] Parks and Wildlife Department [stocks the
1-11 water with fish, it] is authorized to protect the fish in public
1-12 waters under rules as it may prescribe.
1-13 SECTION 2. Section 1.101(1), Parks and Wildlife Code, is
1-14 amended to read as follows:
1-15 (1) "Hunt" means capture, trap, [seek or pursue with
1-16 intent to] take, or kill, or [and includes take, kill, and] an
1-17 attempt to capture, trap, take, or kill.
1-18 SECTION 3. Subchapter 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 (b) The department may use money from any of the
2-3 department's special accounts to pay for education and outreach
2-4 activities performed by department employees or to provide grants
2-5 for education and outreach activities to be performed by other
2-6 entities.
2-7 SECTION 4. Section 11.027, Parks and Wildlife Code, is
2-8 amended by adding Subsection (e) to read as follows:
2-9 (e) The commission by rule may establish and provide for the
2-10 collection of a fee for entering, reserving, or using a facility or
2-11 property owned or managed by the department.
2-12 SECTION 5. Subchapter B, Chapter 11, Parks and Wildlife
2-13 Code, is amended by adding Section 11.0272 to read as follows:
2-14 Sec. 11.0272. PUBLIC FISHING AND SPECIAL EVENTS DRAWING;
2-15 FEES. (a) The department may conduct public drawings to select
2-16 applicants for public fishing or other special events privileges.
2-17 The department may charge each person who participates in the
2-18 drawing a nonrefundable participation fee in addition to any fee
2-19 for issuing a permit or fishing license. The participation fee
2-20 shall be set by the commission in an amount sufficient to pay the
2-21 costs of operating the drawing.
2-22 (b) The commission may approve participation fees, not to
2-23 exceed $25 per species or event for each participant on an
2-24 application, in drawings for special fishing or other special
2-25 programs, packages, or events the costs of which exceed the costs
2-26 of operating the drawing only if the receipts from fees charged are
2-27 designated for use in the management and restoration efforts of the
3-1 specific fishery or resource program implementing each special
3-2 fishing or other special program, package, or event.
3-3 SECTION 6. Section 11.033, Parks and Wildlife Code, is
3-4 amended to read as follows:
3-5 Sec. 11.033. Use of Game, Fish, and Water Safety Account.
3-6 Money in the game, fish, and water safety account may be used for
3-7 the following purposes:
3-8 (1) enforcement of fish, shrimp, and oyster laws, game
3-9 laws, and laws pertaining to sand, shell, and gravel;
3-10 (2) dissemination of information pertaining to marine
3-11 life, wild animal life, wildlife values, and wildlife management;
3-12 (3) scientific investigation and survey of marine life
3-13 for the better protection and conservation of marine life;
3-14 (4) establishment and maintenance of fish hatcheries,
3-15 fish sanctuaries, tidal water fish passes, wildlife management
3-16 areas, and public hunting grounds;
3-17 (5) propagation and distribution of marine life, game
3-18 animals, and wild birds;
3-19 (6) protection of wild birds, fish, and game;
3-20 (7) purchase, repair, and operation of boats and
3-21 dredges;
3-22 (8) research, management, and protection of the fish
3-23 and wildlife resources of this state, including alligators and
3-24 fur-bearing animals;
3-25 (9) salaries of employees and other expenses necessary
3-26 to carry out the duties of the department under laws relating to
3-27 fish, shrimp, oysters, game, water safety, and sand, shell, and
4-1 gravel;
4-2 (10) expansion and development of additional
4-3 opportunities of hunting and fishing in state-owned land and water;
4-4 (11) removing rough fish from public water;
4-5 (12) [construction and maintenance of artificial reefs
4-6 under Section 12.016 of this code;]
4-7 [(13)] administration and enforcement of the water
4-8 safety laws as set out in Chapter 31 [of this code];
4-9 (13) [(14)] purchasing all necessary forms and
4-10 supplies, including reimbursement of the department for any
4-11 material produced by its existing facilities or work performed by
4-12 other divisions of the department;
4-13 (14) [(15)] purchase, construction, and maintenance of
4-14 boat ramps on or near public waters as provided in Chapter 31 [of
4-15 this code];
4-16 (15) [(16)] resource protection activities; and
4-17 (16) [(17)] any other use provided by law.
4-18 SECTION 7. Section 12.010, Parks and Wildlife Code, is
4-19 amended to read as follows:
4-20 Sec. 12.010. NOXIOUS VEGETATION PROGRAM. The department may
4-21 contract with a person not employed by the department or use the
4-22 services of department personnel for the control [eradication] of
4-23 noxious vegetation in [from] the water of this state.
4-24 SECTION 8. Section 12.013, Parks and Wildlife Code, is
4-25 amended to read as follows:
4-26 Sec. 12.013. POWER TO TAKE WILDLIFE. An employee of the
4-27 [The] department acting within the scope of the employee's
5-1 authority may take, transport, release, and manage any of the
5-2 wildlife and fish in this state for investigation, propagation,
5-3 distribution, education, or scientific purposes. [It is a defense
5-4 in any prosecution of an employee of the department for a
5-5 violation of any law for the protection of wildlife or fish that
5-6 the employee was acting within the scope of this authority.]
5-7 SECTION 9. Sections 12.114(b) and (c), Parks and Wildlife
5-8 Code, are amended to read as follows:
5-9 (b) If the person is a resident as defined by Subdivision
5-10 (1) of Section 42.001 of this code, "driver's license" and
5-11 "personal identification certificate" have the meanings assigned
5-12 [provided] by Chapter 521, Transportation Code [Subdivisions (1)
5-13 and (4), Section 1, Chapter 173, Acts of the 47th Legislature,
5-14 Regular Session, 1941 (Article 6687b, Vernon's Texas Civil
5-15 Statutes)].
5-16 (c) If the person is a nonresident as defined by
5-17 [Subdivision (3) of] Section 42.001 [of this code], "driver's
5-18 license" and "personal identification certificate" mean those
5-19 documents that are similar to those defined in Subsection (b) [of
5-20 this section] and that are issued by the agency in the state or
5-21 country of which the person is a resident that is authorized to
5-22 issue driver's licenses or personal identification certificates.
5-23 SECTION 10. Section 12.404, Parks and Wildlife Code, is
5-24 amended to read as follows:
5-25 Sec. 12.404. CLASS A PARKS AND WILDLIFE CODE MISDEMEANOR.
5-26 An individual adjudged guilty of a Class A Parks and Wildlife Code
5-27 misdemeanor shall be punished by:
6-1 (1) a fine of not less than $500 nor more than $4,000
6-2 [$2,000];
6-3 (2) confinement in jail for a term not to exceed one
6-4 year; or
6-5 (3) both such fine and imprisonment.
6-6 SECTION 11. Section 12.405, Parks and Wildlife Code, is
6-7 amended to read as follows:
6-8 Sec. 12.405. CLASS B PARKS AND WILDLIFE CODE MISDEMEANOR.
6-9 An individual adjudged guilty of a Class B Parks and Wildlife Code
6-10 misdemeanor shall be punished by:
6-11 (1) a fine of not less than $200 nor more than $2,000
6-12 [$1,000];
6-13 (2) confinement in jail for a term not to exceed 180
6-14 days; or
6-15 (3) both such fine and imprisonment.
6-16 SECTION 12. Section 12.407, Parks and Wildlife Code, is
6-17 amended to read as follows:
6-18 Sec. 12.407. PARKS AND WILDLIFE CODE FELONY. (a) An
6-19 individual adjudged guilty of a Parks and Wildlife Code felony
6-20 shall be punished by confinement in the institutional division of
6-21 the Texas Department of Criminal Justice [Corrections] for any term
6-22 of not more than 10 years or less than two years.
6-23 (b) In addition to imprisonment, an individual adjudged
6-24 guilty of a Parks and Wildlife Code felony may be punished by a
6-25 fine of not less than $2,000 nor more than $10,000 [$5,000].
6-26 SECTION 13. Section 12.409, Parks and Wildlife Code, is
6-27 amended to read as follows:
7-1 Sec. 12.409. SEPARATE OFFENSES. Each fish, bird, animal,
7-2 reptile, or amphibian or part of a fish, bird, animal, reptile, or
7-3 amphibian taken, possessed, killed, left to die, imported,
7-4 exported, offered for sale, sold, purchased, attempted to be
7-5 purchased, or retained in violation of any provision of this code
7-6 or a proclamation or regulation adopted under this code constitutes
7-7 a separate offense.
7-8 SECTION 14. Section 12.505, Parks and Wildlife Code, is
7-9 amended to read as follows:
7-10 Sec. 12.505. VIOLATION OF SUSPENSION OR REVOCATION. A
7-11 person who engages in an activity requiring a permit or license
7-12 during the time for which such license or permit has been suspended
7-13 or revoked commits an offense that is a Class A Parks and Wildlife
7-14 Code misdemeanor.
7-15 SECTION 15. Section 13.001(b), Parks and Wildlife Code, is
7-16 amended to read as follows:
7-17 (b) The commission shall establish a classification system
7-18 for state parks and wildlife management areas that categorizes
7-19 wildlife management areas, parks, or a portion of parks as wildlife
7-20 [game] management areas, recreational areas, natural areas, or
7-21 historical areas.
7-22 SECTION 16. Section 13.016(b), Parks and Wildlife Code, is
7-23 amended to read as follows:
7-24 (b) Convicts working in connection with lands under the
7-25 control or jurisdiction of the department [a state park] remain
7-26 under the control of the Texas Department [Board] of Criminal
7-27 Justice [Corrections] and are considered as serving their terms in
8-1 the penitentiary.
8-2 SECTION 17. Section 13.019, Parks and Wildlife Code, is
8-3 amended to read as follows:
8-4 Sec. 13.019. FACILITY [CAMPSITE] RESERVATION FEE. The
8-5 department may permit the advance reservation of a facility,
8-6 lodging, or campsite at a state park and require the payment of a
8-7 fee by a person making the reservation. [If the reservation is
8-8 cancelled by 72 hours prior to the day the site is first to be
8-9 occupied under the reservation, the reservation fee shall be
8-10 refunded. If the reservation is confirmed by the person's arriving
8-11 at the park, the reservation fee shall be applied to the first
8-12 day's user fee. No user fee may be required in advance as part of
8-13 the reservation procedure.]
8-14 SECTION 18. The heading to Chapter 23, Parks and Wildlife
8-15 Code, is amended to read as follows:
8-16 CHAPTER 23. NATIONAL PARKS, NATIONAL SEASHORES, AND
8-17 OTHER FEDERAL LANDS [FORESTS]
8-18 SECTION 19. Subchapter D, Chapter 23, Parks and Wildlife
8-19 Code, is amended to read as follows:
8-20 SUBCHAPTER D. FEDERAL LANDS [DAVY CROCKETT NATIONAL FOREST]
8-21 Sec. 23.041. AGREEMENTS FOR WILDLIFE MANAGEMENT. [(a)] The
8-22 department may agree with the proper agency of the United States
8-23 for the protection and management of wildlife resources and for
8-24 restocking desirable species of wildlife on federal lands in the
8-25 state [in portions of the Davy Crockett National Forest, in Houston
8-26 and Trinity counties, that can be designated by a natural
8-27 boundary. A natural boundary may be a road, lake, stream, canyon,
9-1 rock, bluff, island, or other natural feature].
9-2 [(b) No agreement under this section may cover more than
9-3 40,000 acres at any one time during any five-year period.]
9-4 Sec. 23.042. WILDLIFE RESOURCES DEFINED. In this
9-5 subchapter, "wildlife resources" means all wild [kinds of] birds,
9-6 wild animals, and aquatic animal life [fish].
9-7 Sec. 23.043. HUNTING AND FISHING REGULATIONS. The
9-8 commission, under Chapter 61 or Subchapter E, Chapter 81, may
9-9 provide for open seasons for hunting and fishing on federal lands
9-10 for which the department has entered into a wildlife management
9-11 agreement under this subchapter [promulgate regulations applicable
9-12 to the Davy Crockett National Forest, in Houston and Trinity
9-13 counties, to:]
9-14 [(1) prohibit hunting and fishing for periods of time
9-15 as necessary to protect wildlife;]
9-16 [(2) provide open seasons for hunting and fishing;]
9-17 [(3) provide limitations on the number, size, kind,
9-18 and sex of wildlife that may be taken; and]
9-19 [(4) prescribe the conditions under which wildlife may
9-20 be taken].
9-21 Sec. 23.044. PENALTY. A person who violates any rule or
9-22 regulation of the commission adopted under this subchapter or who
9-23 hunts or fishes on federal lands included in a wildlife management
9-24 agreement under this subchapter [in the Davy Crockett National
9-25 Forest] at any time other than the open season commits an offense
9-26 that is a Class C Parks and Wildlife Code misdemeanor.
9-27 SECTION 20. Section 31.003(1), Parks and Wildlife Code, is
10-1 amended and Section 31.003(14), Parks and Wildlife Code, as amended
10-2 by Chapters 450 and 739, Acts of the 73rd Legislature, Regular
10-3 Session, 1993, is amended and reenacted to read as follows:
10-4 (1) "Boat" means a vessel not more than 65 feet in
10-5 length, measured from end to end over the deck, excluding sheer[,
10-6 and manufactured or used primarily for noncommercial use].
10-7 (14) "Personal watercraft" means [a vessel of] a type
10-8 of motorboat that [which] is specifically designed to be operated
10-9 by a person or persons sitting, standing, or kneeling on the vessel
10-10 rather than in the conventional manner of sitting or standing
10-11 inside the vessel.
10-12 SECTION 21. Section 31.004, Parks and Wildlife Code, is
10-13 amended to read as follows:
10-14 Sec. 31.004. APPLICATION OF CHAPTER. The provisions of this
10-15 chapter apply to all public water of this state and to all vessels
10-16 [watercraft navigated or moving] on [the] public water. Privately
10-17 owned water is not subject to the provisions of this chapter.
10-18 SECTION 22. Section 31.021(b), Parks and Wildlife Code, is
10-19 amended to read as follows:
10-20 (b) No person may operate or give permission for the
10-21 operation of any vessel, or dock, moor, or store a vessel owned by
10-22 the person, on the water of this state unless:
10-23 (1) the vessel is numbered as required by this
10-24 chapter;
10-25 (2) [, unless] the certificate of number awarded to
10-26 the vessel is in full force and effect;[,] and
10-27 (3) [unless] the identifying number set forth in the
11-1 certificate is properly displayed on each side of the bow of the
11-2 vessel.
11-3 SECTION 23. Section 31.129(a), Parks and Wildlife Code, is
11-4 amended to read as follows:
11-5 (a) A person who violates or fails to comply with a rule of
11-6 the Texas Natural Resource Conservation Commission [Department of
11-7 Water Resources] concerning the disposal of sewage from boats
11-8 commits an offense that is a Class C Parks and Wildlife Code
11-9 misdemeanor. A separate offense is committed each day a violation
11-10 continues.
11-11 SECTION 24. Section 41.003(b), Parks and Wildlife Code, is
11-12 amended to read as follows:
11-13 (b) An agreement must provide that a resident [residents] of
11-14 the border state who has [have] a [commercial or] sport fishing
11-15 license or a hunting license issued by the border state may fish or
11-16 hunt migratory waterfowl on rivers and lakes of the common border,
11-17 and a Texas resident [residents] holding a Texas license is
11-18 [licenses are] extended equal privileges. A person who holds a
11-19 nonresident sport fishing license or a nonresident hunting license
11-20 issued by this state or a border state may be extended the same
11-21 privileges as those extended a resident license holder under this
11-22 subsection.
11-23 SECTION 25. Section 41.004, Parks and Wildlife Code, is
11-24 amended to read as follows:
11-25 Sec. 41.004. RECIPROCAL AGREEMENTS PROCLAIMED. An [The
11-26 commission may approve any] agreement under Section 41.003 is not
11-27 effective until the commission [of this code] by proclamation has
12-1 approved it. [A proclamation becomes effective 30 days after the
12-2 day it is issued or 30 days after the agreement has been lawfully
12-3 accepted by the bordering state, whichever is later.]
12-4 SECTION 26. Section 41.006(c), Parks and Wildlife Code, is
12-5 amended to read as follows:
12-6 (c) Regulations adopted by the commission or issued by the
12-7 director, when authorized by the commission to issue regulations,
12-8 take effect 20 [30] days after their adoption or issuance or as
12-9 otherwise specified in the regulations.
12-10 SECTION 27. Section 42.001, Parks and Wildlife Code, is
12-11 amended to read as follows:
12-12 Sec. 42.001. DEFINITIONS. In this chapter:
12-13 (1) "Resident" means:
12-14 (A) an individual who has resided continuously
12-15 in this state for more than six months immediately before applying
12-16 for a hunting license;
12-17 (B) a member of the United States armed forces
12-18 on active duty;
12-19 (C) a dependent of a member of the United States
12-20 armed forces on active duty; or
12-21 (D) a member of any other category of
12-22 individuals that the commission by regulation designates as
12-23 residents.
12-24 (2) "Nonresident" means an individual who is not a
12-25 resident.
12-26 (3) "Carcass" means the [dead] body of a dead deer or
12-27 antelope, as listed in Section 63.001(a), that has not been
13-1 processed more than by quartering [minus the offal and inedible
13-2 organs, or the trunk with the limbs and head attached, with or
13-3 without the hide].
13-4 (4) "Final destination, [destination]" for a carcass
13-5 or wild turkey or any part of a carcass or wild turkey, means:
13-6 (A) the permanent residence of the hunter;
13-7 (B) [,] the permanent residence of any other
13-8 person receiving the carcass or wild turkey or the part of a
13-9 carcass or wild turkey; [a dead wild turkey, deer carcass, or any
13-10 part of a deer carcass,] or
13-11 (C) a cold storage or [commercial] processing
13-12 facility [plant after the carcass or turkey has been finally
13-13 processed].
13-14 (5) "Final processing," for a carcass or wild turkey,
13-15 means the cleaning of the dead animal for cooking or storage
13-16 purposes. For a carcass, the term also includes the processing of
13-17 the animal more than by quartering.
13-18 (6) "Cold storage or processing facility" means a
13-19 stationary facility designed and constructed to store or process
13-20 game animals and game birds.
13-21 (7) "Wildlife resource document" means a document
13-22 prescribed by the department, other than a tag or permit, that
13-23 allows a person to give, leave, receive, or possess any species of
13-24 legally taken game bird or game animal, or part of a legally taken
13-25 game bird or game animal, if the game bird or game animal is
13-26 otherwise required to have a tag or permit attached or is protected
13-27 by a bag or possession limit.
14-1 (8) "Quartering" means the processing of an animal
14-2 into not more than two hindquarters each having the leg bone
14-3 attached to the hock and two forequarters each having the leg
14-4 portion to the knee attached to the shoulder blade. The term also
14-5 includes removal of two back straps and trimmings from the neck and
14-6 rib cage.
14-7 SECTION 28. Section 42.018, Parks and Wildlife Code, is
14-8 amended by amending Subsections (a) and (c) and adding Subsections
14-9 (d)-(g) to read as follows:
14-10 (a) Except as provided by Subsection (d) or commission rule,
14-11 no [No] person may possess the carcass of a [wild] deer [at any
14-12 time] before the carcass has been finally processed at a [and
14-13 delivered to the] final destination unless there is attached to
14-14 the carcass a properly executed deer tag from a hunting license
14-15 provided by the department and issued to the person who killed the
14-16 deer.
14-17 (c) If the deer's head is severed from the carcass, the
14-18 properly executed tag must remain with the carcass.
14-19 (d) A wildlife resource document completed by the person who
14-20 killed the deer must accompany the head or other part of the deer
14-21 not accompanied by a tag if at any time before the carcass is
14-22 finally processed the head or other part of the deer no longer
14-23 accompanies the carcass. If a portion of the carcass is divided
14-24 among persons and separated and the person who killed the deer
14-25 retains a portion of the carcass, that person shall retain the tag
14-26 with the portion of the carcass retained by that person. A
14-27 wildlife resource document shall be retained with the head of a
15-1 deer that is not kept with the carcass until the head is delivered
15-2 to the owner after taxidermy or, if not treated by a taxidermist,
15-3 until delivered to a final destination.
15-4 (e) Final processing for a deer carcass may occur only at a
15-5 final destination.
15-6 (f) This section does not prohibit a person before
15-7 delivering a deer carcass to a final destination from removing and
15-8 preparing a part of the deer if the removal and preparation occur
15-9 immediately before the part is cooked or consumed.
15-10 (g) A landowner or the landowner's [his] agent operating
15-11 under a wildlife management plan approved by the department is, if
15-12 authorized by the commission, exempt from the tag requirements of
15-13 this section.
15-14 SECTION 29. Section 42.0185, Parks and Wildlife Code, is
15-15 amended by amending Subsection (a) and adding Subsections (c) and
15-16 (d) to read as follows:
15-17 (a) Except as provided by commission rule, no [No] person
15-18 may possess a [dead] wild turkey at any time after the turkey is
15-19 killed and before it has been finally processed at a [and delivered
15-20 to the] final destination unless there is attached to the [dead
15-21 wild] turkey a properly executed turkey tag from a hunting license
15-22 provided by the department and issued to the person who killed the
15-23 turkey.
15-24 (c) A wildlife resource document completed by the person who
15-25 killed the turkey must accompany a part of the turkey if at any
15-26 time before the turkey reaches a final destination the part of the
15-27 turkey no longer accompanies the tagged turkey and is possessed by
16-1 the person who killed the turkey or is given to, left with, or
16-2 possessed by another person, including a taxidermist.
16-3 (d) This section does not prohibit a person before
16-4 delivering a wild turkey to a final destination from preparing part
16-5 of the turkey immediately before cooking and consuming the part.
16-6 SECTION 30. Section 42.019, Parks and Wildlife Code, is
16-7 amended to read as follows:
16-8 Sec. 42.019. POSSESSION OF CERTAIN PARTS OF ANTELOPE [DEER].
16-9 (a) Except as provided by Subsection (c), no [No] person may
16-10 possess the carcass of an antelope before it has been finally
16-11 processed at a final destination unless there is attached to the
16-12 carcass an antelope permit provided by the department that is
16-13 executed legibly, accurately, and completely by the person who
16-14 killed the antelope [a wild deer with the head removed unless the
16-15 carcass has been finally processed and delivered to the final
16-16 destination].
16-17 (b) If the antelope's head is severed from the carcass, the
16-18 properly executed permit must remain with the carcass. [No person,
16-19 other than the person who killed the deer, may receive or possess
16-20 any part of a deer without a legible hunter's document attached to
16-21 the carcass or part of the deer.]
16-22 (c) A wildlife resource document completed by the person who
16-23 killed the antelope must accompany the head or other part of the
16-24 antelope not accompanied by a permit if at any time before the
16-25 carcass is finally processed the head or other part of the antelope
16-26 no longer accompanies the carcass. If a portion of the carcass is
16-27 divided among persons and separated and the person who killed the
17-1 antelope retains a portion of the carcass, that person shall retain
17-2 the permit with the portion of the carcass retained by that person.
17-3 A wildlife resource document shall be retained with the head of an
17-4 antelope that is not kept with the carcass until the head is
17-5 delivered to the owner after taxidermy or, if not treated by a
17-6 taxidermist, until delivered to a final destination. [A hunter's
17-7 document is an instrument signed and executed by the person who
17-8 killed the deer and must contain:]
17-9 [(1) the name and address of the person who killed the
17-10 deer;]
17-11 [(2) the number of the hunting license of the person
17-12 who killed the deer;]
17-13 [(3) the date on which the deer was killed; and]
17-14 [(4) the name of the ranch and the county where the
17-15 deer was killed.]
17-16 (d) Final processing for an antelope carcass may occur only
17-17 at a final destination.
17-18 (e) This section does not prohibit a person before
17-19 delivering an antelope carcass to a final destination from removing
17-20 and preparing a part of the antelope if the removal and preparation
17-21 occur immediately before the part is cooked and consumed. [A
17-22 hunter's document shall remain with any part of the deer until it
17-23 is finally processed and delivered to the final destination.]
17-24 SECTION 31. Section 43.0721, Parks and Wildlife Code, is
17-25 amended by amending Subsection (a) and adding Subsection (c) to
17-26 read as follows:
17-27 (a) No person may release banded pen-reared birds under this
18-1 subchapter [and receive as a guest for pay or other consideration
18-2 an individual engaged in hunting,] unless the person holds a valid
18-3 private bird hunting area license.
18-4 (c) A person is not required to hold a hunting lease license
18-5 issued under Subchapter D to hunt banded pen-reared birds released
18-6 under the authority of this subchapter.
18-7 SECTION 32. Section 43.075(d), Parks and Wildlife Code, is
18-8 amended to read as follows:
18-9 (d) The band must remain on each bird killed until the bird
18-10 is taken to the permanent residence of the hunter, the permanent
18-11 residence of another person receiving the bird, or a cold storage
18-12 or processing facility unless [a final destination. It is a
18-13 defense to prosecution under this subsection if] the name and
18-14 identification number of the licensee has been stamped or printed
18-15 on the box, wrapping, or package containing the carcass of a bird
18-16 that has been processed and possessed, shipped, or transported
18-17 without the band attached.
18-18 SECTION 33. Section 43.154(d), Parks and Wildlife Code, is
18-19 amended to read as follows:
18-20 (d) No state permit is required to authorize a person to
18-21 kill [authorizing the killing of] migratory [game] birds protected
18-22 by the Federal Migratory Bird Treaty Act if the person has obtained
18-23 [may be issued unless the applicant has received] a permit
18-24 authorizing that activity from the United States Department of the
18-25 Interior or the United States Department of Agriculture[, Fish and
18-26 Wildlife Service. No permit may be issued for the taking of
18-27 wildlife protected under Chapter 68 of this code (Endangered
19-1 Species)].
19-2 SECTION 34. Section 43.201(a), Parks and Wildlife Code, is
19-3 amended to read as follows:
19-4 (a) Except as provided by Subsection (c) or (d) [of this
19-5 section], no person may hunt [wild] deer, [bear,] turkey, or
19-6 javelina (collared peccary) during an open archery season provided
19-7 by law or by the proclamations of the commission and during which
19-8 season only crossbows used by hunters with upper limb disabilities
19-9 and longbows, recurved bows, and compound bows [and arrows] may be
19-10 used unless the person has acquired an archery hunting stamp issued
19-11 to the person by the department. The commission by rule may
19-12 prescribe requirements relating to possessing a stamp required by
19-13 this subchapter.
19-14 SECTION 35. Section 43.203, Parks and Wildlife Code, is
19-15 amended to read as follows:
19-16 Sec. 43.203. HUNTING LICENSE REQUIRED. The purchase or
19-17 possession of an archery hunting stamp does not permit a person to
19-18 hunt [wild] deer, [bear,] turkey, or javelina without the license
19-19 required by Chapter 42 [of this code] or by any means or methods
19-20 not allowed by law.
19-21 SECTION 36. Section 43.522(a), Parks and Wildlife Code, is
19-22 amended to read as follows:
19-23 (a) The department or its agent may issue a conservation
19-24 permit to any person on the payment to the department or agent of a
19-25 fee in an amount set by the commission. [The fee charged for a
19-26 conservation permit may not exceed the amount charged by the
19-27 department for a combination hunting and fishing license under
20-1 Section 50.002 of this code.]
20-2 SECTION 37. Subchapter P, Chapter 43, Parks and Wildlife
20-3 Code, is amended by adding Section 43.555 to read as follows:
20-4 Sec. 43.555. PENALTIES. A person who violates this
20-5 subchapter or a commission rule issued under this subchapter
20-6 commits an offense that is a Class C Parks and Wildlife Code
20-7 misdemeanor.
20-8 SECTION 38. Section 44.012, Parks and Wildlife Code, is
20-9 amended to read as follows:
20-10 Sec. 44.012. SALE DURING OPEN SEASON. A game animal held
20-11 under the authority of a license issued under this subchapter may
20-12 not be sold, traded, transferred, or shipped to any person in any
20-13 county [No game breeder may sell or ship to another person in this
20-14 state any antelope or collared peccary, and no person in this state
20-15 may purchase from a game breeder in this state or any other state
20-16 any antelope or collared peccary] during an open season in the
20-17 county of destination for taking the game animal or during a period
20-18 of 10 days before the [and after an] open season.
20-19 SECTION 39. Section 45.001, Parks and Wildlife Code, is
20-20 amended to read as follows:
20-21 Sec. 45.001. LICENSE REQUIRED. No [(a) Except as provided
20-22 in Subsection (b) of this section, no] person may possess game
20-23 birds in captivity for the purpose of propagation or sale [engage
20-24 in the business of propagating game birds] without first acquiring
20-25 the proper license authorized to be issued under this chapter.
20-26 [(b) A person is not required to have a license issued under
20-27 this chapter if he possesses not more than 12 game birds for
21-1 personal use only.]
21-2 SECTION 40. Section 45.003, Parks and Wildlife Code, is
21-3 amended to read as follows:
21-4 Sec. 45.003. TYPES OF LICENSES; FEES. (a) A class 1
21-5 commercial game bird breeder's license entitles the holder to
21-6 possess [engage in the business of propagating game birds for sale
21-7 or holding game birds] in captivity more than 1,000 game birds.
21-8 The fee for a class 1 [commercial game bird breeder's] license is
21-9 $100 or an amount set by the commission, whichever amount is more.
21-10 (b) A class 2 commercial game bird breeder's license
21-11 entitles the holder to [engage in the business of propagating game
21-12 birds for sale or holding game birds in captivity, except that the
21-13 holder of a class 2 license may not] possess in captivity not more
21-14 than 1,000 game birds during any calendar year. The fee for a
21-15 class 2 [commercial game bird breeder's] license is $10 or an
21-16 amount set by the commission, whichever amount is more.
21-17 SECTION 41. Section 45.006, Parks and Wildlife Code, is
21-18 amended to read as follows:
21-19 Sec. 45.006. SALES OF GAME BIRD CARCASSES OR PARTS OF A GAME
21-20 BIRD. (a) No person may sell, offer for sale, or purchase the
21-21 carcass or any part of a dead pen-raised game bird unless:
21-22 (1) the carcass or part is clearly stamped and marked
21-23 by the stamp authorized by Subsection (b) [of this section]; or
21-24 (2) the carcass or part is delivered to the purchaser
21-25 and is accompanied by a document [in a box, wrapping, or other
21-26 container] on which is printed or written the name, street address,
21-27 and identification [the serial] number, if applicable, of the game
22-1 bird breeder.
22-2 (b) Each holder of a license required by this chapter who
22-3 offers for sale the carcass of a pen-raised game bird may acquire a
22-4 rubber stamp which, when used, shows the identification [serial]
22-5 number of the holder of the license.
22-6 SECTION 42. Section 45.0061, Parks and Wildlife Code, is
22-7 amended to read as follows:
22-8 Sec. 45.0061. SOURCE OF GAME BIRDS. A person who is not
22-9 required to possess a commercial game bird breeder's license and
22-10 who is in possession of a live game bird or part of a dead game
22-11 bird [under Subsection (b) of Section 45.001] shall, on the request
22-12 of a game warden commissioned by the department, furnish to the
22-13 warden a receipt showing the name and street address of the person
22-14 and the name and street address of [information as to] the source
22-15 from which any live game bird or part of a dead game bird [birds]
22-16 in the possession of the person was [were] derived. The receipt
22-17 must also show the date of sale and the species and number of live
22-18 game birds or parts of dead game birds acquired. The failure or
22-19 refusal to comply with this section is a violation of this chapter.
22-20 SECTION 43. Section 45.009, Parks and Wildlife Code, is
22-21 amended to read as follows:
22-22 Sec. 45.009. EXCEPTIONS. (a) [A person may purchase live
22-23 pheasant from a commercial game bird breeder for any purpose.]
22-24 [(b)] A commercial game bird breeder may process [slaughter]
22-25 game birds for [his] personal consumption at any time.
22-26 (b) [(c)] This chapter does not apply to a person holding a
22-27 permit under Section 43.022 [of this code].
23-1 (c) [(d)] Any person owning or operating a [restaurant,
23-2 hotel, boarding house, club, or other] business where food is sold
23-3 for consumption, including a restaurant, hotel, boarding house, or
23-4 club, may sell game birds obtained from a legal source for
23-5 consumption on the premises of the business.
23-6 SECTION 44. Sections 47.001(3)-(5), (9), and (16), Parks and
23-7 Wildlife Code, are amended to read as follows:
23-8 (3) "Wholesale fish dealer" means a person who
23-9 operates a place of business [and buys] for [the purpose of]
23-10 selling, offering for sale, canning, preserving, processing, or
23-11 handling for shipments or sale aquatic products to retail fish
23-12 dealers, hotels, restaurants, cafes, consumers, or other wholesale
23-13 fish dealers. The term does not include the holder of a
23-14 bait-shrimp dealer's license.
23-15 (4) "Retail fish dealer" means a person who operates a
23-16 place of business [and buys] for selling [the purpose of sale or
23-17 sells] or offering [offers] for sale to a consumer aquatic
23-18 products, other than aquatic products that are sold by restaurants
23-19 for and ready for immediate consumption in individual portion
23-20 servings and that [which] are subject to the limited sales or use
23-21 tax. For purposes of this subsection, "consumer" does not include
23-22 a wholesale fish dealer or a hotel, restaurant, cafe, or other
23-23 retail fish dealer.
23-24 (5) "Bait dealer" means a person who catches and sells
23-25 minnows, fish, shrimp, or other aquatic products for bait [or
23-26 transports for sale,] or a place of [who is engaged in the]
23-27 business where [of selling] minnows, fish, shrimp, or other aquatic
24-1 products are sold, offered for sale, handled, or transported for
24-2 sale for [fish] bait.
24-3 (9) "Place of business" means a permanent structure on
24-4 land or a motor vehicle required to be registered under Section
24-5 502.002, Transportation Code [2, Chapter 88, General Laws, Acts of
24-6 the 41st Legislature, 2nd Called Session, 1929 (Article 6675a-2,
24-7 Vernon's Texas Civil Statutes)], where aquatic products or orders
24-8 for aquatic products are received or where aquatic products are
24-9 sold or purchased but does not include a boat or any type of
24-10 floating device, a public cold storage vault, the portion of a
24-11 structure that is used as a residence, or a vehicle from which no
24-12 orders are taken or no shipments or deliveries are made other than
24-13 to the place of business of a licensee in this state.
24-14 (16) "Aquatic product" means any live or dead,
24-15 uncooked, fresh or frozen aquatic animal life.
24-16 SECTION 45. Section 47.003(d), Parks and Wildlife Code, is
24-17 amended to read as follows:
24-18 (d) No person may be issued a commercial finfish fisherman's
24-19 license unless the person files with the department at the time the
24-20 person [he] applies for the license an affidavit containing
24-21 statements that:
24-22 (1) [not less than 50 percent of the applicant's
24-23 gainful employment is devoted to commercial fishing;]
24-24 [(2)] the applicant is not employed at any full-time
24-25 occupation other than commercial fishing; and
24-26 (2) [(3)] during the period of validity of the
24-27 commercial finfish fisherman's license the applicant does not
25-1 intend to engage in any full-time occupation other than commercial
25-2 fishing.
25-3 SECTION 46. Section 47.004, Parks and Wildlife Code, is
25-4 amended by adding Subsection (c) to read as follows:
25-5 (c) The commission may adopt rules governing the issuance
25-6 and use of a fishing guide license.
25-7 SECTION 47. Section 47.009(c), Parks and Wildlife Code, is
25-8 amended to read as follows:
25-9 (c) A person who has an aquaculture [a fish farming] license
25-10 for a Texas aquaculture facility under Section 134.011, Agriculture
25-11 Code, is not required to obtain or possess a wholesale fish
25-12 dealer's license if the person's business activities with regard to
25-13 the sale of aquatic products [fish] involve aquatic products [fish]
25-14 raised on the person's aquaculture facility [fish farm] only.
25-15 SECTION 48. Section 47.010, Parks and Wildlife Code, is
25-16 amended to read as follows:
25-17 Sec. 47.010. WHOLESALE TRUCK DEALER'S FISH LICENSE. (a)
25-18 The license fee for a wholesale truck dealer's fish license is $250
25-19 for each truck or an amount set by the commission, whichever amount
25-20 is more.
25-21 (b) A resident who holds a fish farm vehicle license under
25-22 Section 134.012, Agriculture Code, is not required to obtain a
25-23 license for the vehicle under this section if the vehicle is used
25-24 with regard to the sale or transportation of only aquatic products
25-25 raised on a licensed Texas aquaculture facility belonging to the
25-26 owner of the vehicle.
25-27 SECTION 49. Section 47.011(c), Parks and Wildlife Code, is
26-1 amended to read as follows:
26-2 (c) A person with an aquaculture [a fish farming] license
26-3 for a Texas aquaculture facility under Section 134.011, Agriculture
26-4 Code, is not required to obtain or possess a retail fish dealer's
26-5 license if the person's business activities with regard to the sale
26-6 of aquatic products [fish] involve aquatic products [fish] raised
26-7 on the person's aquaculture facility [fish farm] only.
26-8 SECTION 50. Section 47.013(c), Parks and Wildlife Code, is
26-9 amended to read as follows:
26-10 (c) A resident [person] who owns a vehicle licensed under
26-11 Section 134.012, Agriculture Code, is not required to obtain a
26-12 license for the vehicle under this section when the vehicle is used
26-13 with regard to the sale or transportation of only aquatic products
26-14 raised on a licensed Texas aquaculture facility [fish farm]
26-15 belonging to the owner of the vehicle.
26-16 SECTION 51. Section 47.014, Parks and Wildlife Code, is
26-17 amended by amending Subsection (a) and adding Subsection (c) to
26-18 read as follows:
26-19 (a) No person may engage in business [act] as a bait dealer
26-20 unless the person [he] has obtained the appropriate [a] bait
26-21 dealer's license.
26-22 (c) A person who has an aquaculture license for a Texas
26-23 aquaculture facility under Section 134.011, Agriculture Code, is
26-24 not required to obtain or possess a bait dealer's license if the
26-25 person's business activities with regard to the sale of aquatic
26-26 products for bait involve only aquatic products raised on the
26-27 person's aquaculture facility.
27-1 SECTION 52. Section 47.018(a), Parks and Wildlife Code, is
27-2 amended to read as follows:
27-3 (a) No person may bring into this state and deliver aquatic
27-4 products for [any] commercial purposes [purpose] unless the person
27-5 [he] has obtained a wholesale fish dealer's license, [or] a retail
27-6 fish dealer's license, or a bait dealer's license, as applicable,
27-7 issued under this subchapter.
27-8 SECTION 53. Section 47.0181(a), Parks and Wildlife Code, is
27-9 amended to read as follows:
27-10 (a) No person, except a commercial fisherman licensed to
27-11 take aquatic products from Texas waters transporting the
27-12 fisherman's own catch within this state, may transport aquatic
27-13 products for commercial purposes, regardless of origin or
27-14 destination, without an invoice containing the following
27-15 information correctly stated and legibly written:
27-16 (1) the invoice number;
27-17 (2) the date of shipment;
27-18 (3) the name and physical address of shipper;
27-19 (4) the name and physical address of receiver;
27-20 (5) the license number of shipper; and
27-21 (6) the quantity of aquatic products contained in the
27-22 shipment; finfish by species and by [,] number or [and] weight,
27-23 oysters by volume, and all other aquatic products by weight.
27-24 SECTION 54. Section 47.031(b), Parks and Wildlife Code, is
27-25 amended to read as follows:
27-26 (b) All licenses and permits issued under the authority of
27-27 Chapter 47 [of this code] may not be transferred to another person
28-1 except that a license issued in the name of a business shall remain
28-2 valid for the business location specified on the license or permit
28-3 if a change of ownership and/or business name occurs. A license
28-4 issued under the authority of Section 47.009, [or] 47.011, [or]
28-5 47.014, or 47.016 may be transferred to a new address if the
28-6 business moves to another location. A license issued under the
28-7 authority of Section 47.007, 47.010, or 47.013 may be transferred
28-8 to another vehicle or vessel or to a new owner of the same vehicle
28-9 or vessel. The commission, by regulation, may prescribe
28-10 requirements necessary to clarify license and permit transfer
28-11 procedures and may prescribe, by regulation, forms to be used and
28-12 fees to be charged for transfer of licenses and permits in this
28-13 chapter and for duplicate license plates and duplicate or
28-14 replacement licenses and permits.
28-15 SECTION 55. Section 49.001, Parks and Wildlife Code, is
28-16 amended by adding Subdivision (3) to read as follows:
28-17 (3) "Falconry" means the practice of trapping,
28-18 possessing, training, or flying a raptor for hunting purposes and
28-19 includes the act of hunting by the use of a trained raptor.
28-20 SECTION 56. Section 49.002, Parks and Wildlife Code, is
28-21 amended to read as follows:
28-22 Sec. 49.002. PROHIBITED ACTS. (a) Except as provided in
28-23 Subsection (b) [of this section], no person may take, capture, or
28-24 possess, or attempt to take or capture, any native raptors unless
28-25 the person [he] has obtained a permit issued by the department
28-26 [under this chapter].
28-27 (b) A nonresident may temporarily possess in this state or
29-1 transport through this state any raptor if the person is authorized
29-2 by state and federal permits to possess the raptor in the person's
29-3 state of residence or has been issued a permit under Chapter 43
29-4 [person may collect and hold protected species of wildlife for
29-5 scientific, zoological, and propagation purposes if he holds a
29-6 permit issued by the department for that purpose].
29-7 SECTION 57. Section 49.003, Parks and Wildlife Code, is
29-8 amended to read as follows:
29-9 Sec. 49.003. RECIPROCITY [APPRENTICE FALCONER'S PERMIT]. A
29-10 person in possession of a raptor under a license issued by another
29-11 state who intends to establish residency in this state must apply
29-12 to the department for a falconry permit not later than the 10th day
29-13 after the date the person first moves a raptor into this state. A
29-14 signed and notarized affidavit stating the person's intent to
29-15 establish residency in this state must accompany the application.
29-16 [The department may issue an apprentice falconer's permit to any
29-17 person who:]
29-18 [(1) is at least 14 years of age;]
29-19 [(2) is sponsored by the holder of a general
29-20 falconer's or a master falconer's permit;]
29-21 [(3) submits an application on forms prescribed by the
29-22 department; and]
29-23 [(4) submits an original permit fee of $30 or an
29-24 amount set by the commission, whichever amount is more.]
29-25 SECTION 58. Section 49.010, Parks and Wildlife Code, is
29-26 amended to read as follows:
29-27 Sec. 49.010. HUNTING. (a) A resident possessing [The
30-1 holder of] a falconry [valid] permit [issued under this chapter]
30-2 and a [valid] hunting license may hunt by means of falconry
30-3 [native species of wild birds, wild animals, and migratory game
30-4 birds during the open season and may hunt unprotected species of
30-5 wildlife].
30-6 (b) A nonresident may hunt by means of falconry if the
30-7 nonresident possesses on the nonresident's person:
30-8 (1) a federal falconry permit;
30-9 (2) a falconry permit issued in the person's state of
30-10 residence; and
30-11 (3) a nonresident hunting license and any applicable
30-12 stamps.
30-13 (c) A person may hunt a bird or animal by means of falconry
30-14 only during an open season provided for that bird or animal.
30-15 SECTION 59. Section 49.011, Parks and Wildlife Code, is
30-16 amended to read as follows:
30-17 Sec. 49.011. TRANSFER OR SALE OF RAPTORS. (a) Except as
30-18 permitted in Subsections (b) and (c) [of this section], no person
30-19 may buy, sell, barter, or exchange, or offer to buy, sell, barter,
30-20 or exchange, a raptor in this state.
30-21 (b) The holder of a falconer's permit may transfer [, with
30-22 approval of the department, exchange] a raptor to [with] another
30-23 holder of a falconer's permit or receive a raptor from another
30-24 holder of a falconer's permit [if there is no consideration for the
30-25 exchange other than the raptors exchanged].
30-26 (c) A [The] holder of a [general or master] falconer's
30-27 permit who qualifies as prescribed by commission rule may [arrange
31-1 for the] purchase [of legal] raptors [by correspondence or
31-2 telephone] from any legal source and may sell captive-bred raptors
31-3 to any person permitted to purchase captive-bred raptors [a
31-4 lawfully permitted person in another state where the sale of
31-5 raptors is lawful, provided, however, such raptors may not be
31-6 resold in this state].
31-7 SECTION 60. Section 49.014, Parks and Wildlife Code, is
31-8 amended to read as follows:
31-9 Sec. 49.014. POWERS OF DEPARTMENT. The department may:
31-10 (1) prescribe [reasonable] rules [and regulations] for
31-11 the taking, capture, possession, propagation, transportation,
31-12 export, import, and sale of [taking and possessing] raptors, time
31-13 and area from which raptors may be taken or captured, and species
31-14 that may be taken or captured;
31-15 (2) provide standards for possessing and housing
31-16 raptors held under a permit;
31-17 (3) prescribe annual reporting requirements and
31-18 procedures;
31-19 (4) prescribe eligibility requirements and fees for
31-20 and issue any falconry, raptor propagation, or nonresident trapping
31-21 permit; and
31-22 (5) require and regulate the identification of raptors
31-23 held by permit holders.
31-24 SECTION 61. Section 61.003, Parks and Wildlife Code, is
31-25 amended to read as follows:
31-26 Sec. 61.003. APPLICABILITY OF CHAPTER. This [Title 7 of
31-27 this code prescribes the counties, places, and wildlife resources
32-1 to which this] chapter applies to every county, place, and wildlife
32-2 resource in the state, except as otherwise provided by this code.
32-3 SECTION 62. Section 61.005, Parks and Wildlife Code, is
32-4 amended to read as follows:
32-5 Sec. 61.005. DEFINITIONS. In this chapter:
32-6 (1) ["Hunt" includes take, kill, pursue, trap, and the
32-7 attempt to take, kill, or trap.]
32-8 [(2)] "Wildlife resources" means all wild [game]
32-9 animals, wild [game] birds, and [marine animals, fish, and other]
32-10 aquatic animal life.
32-11 (2) [(3)] "Depletion" means the reduction of a species
32-12 below its immediate recuperative potential by any [deleterious]
32-13 cause.
32-14 (3) [(4)] "Waste" means the failure to provide for the
32-15 regulated harvest of surplus wildlife resources when that harvest
32-16 would allow, promote, or optimize a healthy and self-sustaining
32-17 population of a [supply of a species or one sex of a species in
32-18 sufficient numbers that a seasonal harvest will aid in the
32-19 reestablishment of a normal number of the] species.
32-20 [(5) "Daily bag limit" means the quantity of a species
32-21 of game that may be taken in one day.]
32-22 [(6) "Possession limit" means the maximum number of a
32-23 species of game that may be possessed at one time.]
32-24 SECTION 63. Section 61.022, Parks and Wildlife Code, is
32-25 amended to read as follows:
32-26 Sec. 61.022. TAKING WILDLIFE RESOURCES WITHOUT CONSENT OF
32-27 LANDOWNER PROHIBITED. No person may hunt or [,] catch by any means
33-1 or method [,] or possess a wildlife resource [game animal or game
33-2 bird, fish, marine animal, or other aquatic life] at any time and
33-3 at any place covered by this chapter unless the owner of the land
33-4 or water, or the owner's agent, consents.
33-5 SECTION 64. Subchapter B, Chapter 61, Parks and Wildlife
33-6 Code, is amended by adding Section 61.023 to read as follows:
33-7 Sec. 61.023. APPLYING CONTRACEPTIVES TO WILDLIFE RESOURCES.
33-8 No person may intentionally apply contraceptives to any vertebrate
33-9 wildlife resource unless the person first obtains written
33-10 authorization from the department.
33-11 SECTION 65. Section 61.051, Parks and Wildlife Code, is
33-12 amended to read as follows:
33-13 Sec. 61.051. DUTY TO INVESTIGATE AND STUDY CERTAIN WILDLIFE
33-14 RESOURCES. (a) The department shall conduct scientific studies
33-15 and investigations of all species of game animals, game birds, and
33-16 aquatic animal life [wildlife resources] to determine:
33-17 (1) supply;
33-18 (2) economic value;
33-19 (3) environments;
33-20 (4) breeding habits;
33-21 (5) sex ratios; and
33-22 (6) effects of [hunting, trapping, fishing, disease,
33-23 infestation, predation, agricultural pressure, and overpopulation;
33-24 and]
33-25 [(7)] any [other] factors or conditions causing
33-26 increases or decreases in supply.
33-27 (b) The studies and investigations may be made periodically
34-1 or continuously.
34-2 (c) The commission shall make findings of fact based on the
34-3 studies and investigations of the department.
34-4 SECTION 66. Section 61.052, Parks and Wildlife Code, is
34-5 amended to read as follows:
34-6 Sec. 61.052. GENERAL REGULATORY DUTY. (a) The commission
34-7 shall regulate the periods of time when it is lawful to hunt, take,
34-8 or possess game animals, game birds, or aquatic animal life
34-9 [wildlife resources] in or from the places covered by this chapter.
34-10 (b) The commission shall regulate the means, methods,
34-11 [manners,] and places in which it is lawful to hunt, take, or
34-12 possess game animals, game birds, or aquatic animal life [wildlife
34-13 resources] in or from the places covered by this chapter.
34-14 SECTION 67. Section 61.053, Parks and Wildlife Code, is
34-15 amended to read as follows:
34-16 Sec. 61.053. OPEN SEASONS. The commission shall provide
34-17 open seasons for the hunting, taking, or possession of game
34-18 animals, game birds, or aquatic animal life [wildlife resources] if
34-19 its investigations and findings of fact reveal that open seasons
34-20 may be safely provided or if the threat of waste requires an open
34-21 season to conserve game animals, game birds, or aquatic animal life
34-22 [wildlife resources].
34-23 SECTION 68. Section 61.054, Parks and Wildlife Code, is
34-24 amended to read as follows:
34-25 Sec. 61.054. PROCLAMATIONS OF THE COMMISSION. (a)
34-26 Regulation of the hunting, taking, or possession of game animals,
34-27 game birds, or aquatic animal life [wildlife resources] under this
35-1 chapter shall be by proclamation of the commission.
35-2 (b) A proclamation of the commission authorizing the
35-3 hunting, taking, or possession of game animals, game birds, or
35-4 aquatic animal life [wildlife resources] must specify:
35-5 (1) the species, quantity, age or size, and, to the
35-6 extent possible, the sex of the game animals, game birds, or
35-7 aquatic animal life [wildlife resources] authorized to be hunted,
35-8 taken, or possessed;
35-9 (2) the means or [,] method[, or manner] that may be
35-10 used to hunt, take, or possess the game animals, game birds, or
35-11 aquatic animal life [wildlife resources]; and
35-12 (3) the region, county, area, body of water, or
35-13 portion of a county where the game animals, game birds, or aquatic
35-14 animal life [wildlife resources] may be hunted, taken, or
35-15 possessed.
35-16 SECTION 69. Section 61.055(a), Parks and Wildlife Code, is
35-17 amended to read as follows:
35-18 (a) If the commission finds that there is a danger of
35-19 depletion or waste, it shall amend or revoke its proclamations to
35-20 prevent the depletion or waste and to provide to the people the
35-21 most equitable and reasonable privilege to hunt game animals or
35-22 game birds or catch aquatic animal life [pursue, take, possess, and
35-23 kill wildlife resources].
35-24 SECTION 70. Subchapter C, Chapter 61, Parks and Wildlife
35-25 Code, is amended by adding Section 61.058 to read as follows:
35-26 Sec. 61.058. YOUTH HUNTING AND FISHING. (a) The commission
35-27 may provide for special open seasons during which the taking and
36-1 possession of game animals and game birds are restricted to persons
36-2 under 17 years old.
36-3 (b) The commission may provide for special means and methods
36-4 for the taking and possession of aquatic animal life by persons
36-5 under 17 years old.
36-6 SECTION 71. Section 61.101(a), Parks and Wildlife Code, is
36-7 amended to read as follows:
36-8 (a) Before a proclamation of the commission may be adopted,
36-9 the department shall hold public hearings[:]
36-10 [(1)] in the county to be affected by the proclamation
36-11 if the director or the director's [his] designee receives a
36-12 petition for a public hearing signed by not less than 25 persons
36-13 who reside in the county[; and]
36-14 [(2) in at least five locations the director or his
36-15 designee considers necessary to ensure public participation].
36-16 SECTION 72. Section 61.205(d), Parks and Wildlife Code, is
36-17 amended to read as follows:
36-18 (d) The department may authorize the sale, trade, auction,
36-19 or donation of [A person may not sell or trade] a bighorn sheep
36-20 hunting permit if the proceeds of the sale, trade, auction, or
36-21 donation are used to restore, protect, or manage bighorn sheep [for
36-22 anything of value].
36-23 SECTION 73. Section 62.005, Parks and Wildlife Code, is
36-24 amended to read as follows:
36-25 Sec. 62.005. HUNTING WITH LIGHT. [(a)] No person may hunt
36-26 a game [an] animal or bird protected by this code with the aid of
36-27 [a headlight, hunting lamp, or other artificial light, including]
37-1 an artificial light that casts or reflects a beam of light onto or
37-2 otherwise illuminates the game animal or bird, including the
37-3 headlights of [attached to] a motor vehicle.
37-4 [(b) The possession of a headlight or hunting lamp used on
37-5 or about the head when hunting at night between sunset and one-half
37-6 hour before sunrise by a person hunting in an area where deer are
37-7 known to range constitutes prima facie evidence that the person was
37-8 violating this section.]
37-9 SECTION 74. Section 62.014(a)(2), Parks and Wildlife Code,
37-10 is amended to read as follows:
37-11 (2) "Archery equipment" means a long bow, recurved
37-12 bow, or compound bow [that is capable of shooting a hunting arrow
37-13 equipped with a broadhead hunting point for a distance of 130
37-14 yards].
37-15 SECTION 75. Sections 62.014(b), (c), and (d), Parks and
37-16 Wildlife Code, are amended to read as follows:
37-17 (b) The department may establish and administer a statewide
37-18 hunter education program. The program must include but is not
37-19 limited to instruction concerning:
37-20 (1) the safe handling and use of firearms, [and]
37-21 archery equipment, and crossbows;
37-22 (2) wildlife conservation and management;
37-23 (3) hunting laws and applicable rules and regulations;
37-24 and
37-25 (4) hunting safety and ethics, including landowners'
37-26 rights.
37-27 (c) The department shall issue a certificate to a person who
38-1 has successfully completed a hunter education course. The
38-2 department shall prescribe the form of the certificate.
38-3 (d) If funds are available for its implementation the
38-4 commission may establish a mandatory hunter education program and
38-5 may require a person to have successfully completed a training
38-6 course before the person may hunt with firearms, [or] archery
38-7 equipment as defined in Subsection (a) of this section, or
38-8 crossbows in Texas. If the certificate is so required, the person
38-9 must possess the certificate or other evidence of completion of the
38-10 program while hunting with firearms, [or] archery equipment as
38-11 defined in Subsection (a) of this section, or crossbows. The
38-12 commission may provide that residents or nonresidents who have
38-13 successfully completed the same or a comparable hunter education
38-14 course and possess a certificate or other evidence of completion
38-15 have satisfied the requirements imposed under this subsection. The
38-16 commission may establish a minimum age for participation in the
38-17 program. Those persons who cannot participate in the hunter
38-18 education program because they do not meet the minimum age or other
38-19 requirements established by the commission can only hunt with
38-20 firearms, [or] archery equipment as defined in Subsection (a) of
38-21 this section, or crossbows in Texas if they are accompanied by a
38-22 person who is 17 years of age or older and licensed to hunt in
38-23 Texas. Additionally, a person under 17 years of age hunting with a
38-24 person licensed to hunt in Texas who is 17 years of age or older is
38-25 not required to have certification under this Act.
38-26 The commission may implement the program by age group.
38-27 Persons who are 17 years of age or older on September 1, 1988, or
39-1 on the date on which a mandatory hunter education course is
39-2 implemented, whichever is later, are exempt from the requirements
39-3 imposed under this subsection.
39-4 The department is responsible for offering mandatory hunter
39-5 education courses that are accessible to those persons required to
39-6 take this course. To this end, the department shall provide hunter
39-7 education opportunities in each county of the state when a
39-8 substantial number of residents request a class or at least once a
39-9 year.
39-10 SECTION 76. Section 62.021, Parks and Wildlife Code, is
39-11 amended to read as follows:
39-12 Sec. 62.021. SALE OR PURCHASE OF CERTAIN GAME. (a) Except
39-13 as provided by Subsection (c), no [No] person may sell, offer for
39-14 sale, purchase, offer to purchase, or possess after purchase a wild
39-15 bird, [wild] game bird, or [wild] game animal, dead or alive, or
39-16 part of the bird or animal.
39-17 (b) This section applies only to a bird or animal protected
39-18 by this code without regard to whether the bird or animal is taken
39-19 or killed in this state.
39-20 (c) This section does not prohibit the sale of:
39-21 (1) a live game animal, a dead or live game bird, or
39-22 the feathers of a game bird if the sale is conducted under
39-23 authority of a license or permit issued under this code; or
39-24 (2) an inedible part, including the hide, antlers,
39-25 bones, hooves, or sinew of a deer. [Subsection (a) of this section
39-26 does not apply to deer hides.]
39-27 [(d) The commission by proclamation shall authorize and
40-1 regulate the sale, purchase, and possession after purchase of deer
40-2 antlers.]
40-3 SECTION 77. Section 62.029, Parks and Wildlife Code, is
40-4 amended to read as follows:
40-5 Sec. 62.029. RECORDS OF GAME IN COLD STORAGE OR PROCESSING
40-6 FACILITY. (a) As used in this section, "cold storage or
40-7 processing facility" has the meaning assigned by Section 42.001 [a
40-8 "public cold storage plant" is any plant in which game is stored
40-9 for a person other than the owner of the plant].
40-10 (b) The owner, [or] operator, or lessee of a [public] cold
40-11 storage or processing facility [plant] shall maintain a book
40-12 containing a record of:
40-13 (1) the name, address, and hunting license number of
40-14 each person who killed [placing] a game bird or game animal that is
40-15 placed in the facility [storage];
40-16 (2) the name and address of each person who places a
40-17 game bird or game animal in the facility, if different from the
40-18 person who killed the bird or animal;
40-19 (3) the number and kind of game birds or game animals
40-20 placed in the facility [storage]; and
40-21 (4) [(3)] the date on which each game bird or game
40-22 animal is placed in the facility [storage].
40-23 (c) The owner, operator, or lessee shall enter all
40-24 information into the book as required by this section before
40-25 placing in storage or processing any game animal or game bird.
40-26 (d) The cold storage or processing facility record book
40-27 shall be kept at the facility and [by the owner or operator of a
41-1 public cold storage plant] may be inspected by an authorized
41-2 employee of the department during business hours or at any other
41-3 reasonable time.
41-4 (e) Each cold storage or processing facility record book
41-5 shall be kept at the facility until the first anniversary of the
41-6 date of the last entry in the book.
41-7 SECTION 78. Section 62.030, Parks and Wildlife Code, is
41-8 amended to read as follows:
41-9 Sec. 62.030. POSSESSION OF GAME IN COLD STORAGE OR
41-10 PROCESSING FACILITY. A person may place and maintain, or possess,
41-11 in a cold storage or processing facility [public or private storage
41-12 plant, refrigerator, or locker] lawfully [taken or] killed game
41-13 birds and [,] game animals[, waterfowl, or migratory waterfowl] not
41-14 in excess of the number permitted to be possessed by law.
41-15 SECTION 79. Section 62.031, Parks and Wildlife Code, is
41-16 amended to read as follows:
41-17 Sec. 62.031. INSPECTIONS OF [STORAGE] FACILITIES. (a)
41-18 Authorized employees of the department may enter and inspect a
41-19 [public] cold storage or processing facility [plant] or other
41-20 place, including taxidermist shops and tanneries, where protected
41-21 wildlife are stored.
41-22 (b) In this section "protected wildlife" means game animals,
41-23 [and] game birds, [and] nongame animals, and nongame birds that
41-24 are the subject of any protective law or regulation of this state
41-25 or the United States.
41-26 (c) Inspections under this section may be made during normal
41-27 business hours or at any other reasonable time [when the facilities
42-1 are open to the public generally but may include areas within a
42-2 facility not generally open to the public].
42-3 SECTION 80. Section 62.082, Parks and Wildlife Code, is
42-4 amended to read as follows:
42-5 Sec. 62.082. TARGET RANGES AND MANAGED HUNTS. (a) The
42-6 Board of Directors of the Lower Colorado River Authority may lease
42-7 river authority land to be used on a nonprofit basis for a target
42-8 rifle or archery range [only and not for hunting].
42-9 (b) A member of the boy scouts or the girl scouts or other
42-10 nonprofit public service group or organization may possess and
42-11 shoot a firearm, bow, and crossbow for target or instructional
42-12 purposes under the supervision of a qualified instructor registered
42-13 with and approved by the Lower Colorado River Authority on ranges
42-14 designated by the Lower Colorado River Authority. [This subsection
42-15 does not permit hunting by any person.]
42-16 (c) The Board of Directors of the Lower Colorado River
42-17 Authority may authorize lawful hunting on Lower Colorado River
42-18 Authority lands, consistent with sound biological management
42-19 practices.
42-20 (d) Section 62.081 does not apply to an employee of the
42-21 Lower Colorado River Authority, a person authorized to hunt under
42-22 Subsection (c), or a peace officer as defined by Article 2.12, Code
42-23 of Criminal Procedure.
42-24 SECTION 81. Subchapter A, Chapter 63, Parks and Wildlife
42-25 Code, is amended by adding Section 63.002 to read as follows:
42-26 Sec. 63.002. POSSESSION OF LIVE GAME ANIMALS. No person may
42-27 possess a live game animal in this state for any purpose not
43-1 authorized by this code.
43-2 SECTION 82. Section 64.002, Parks and Wildlife Code, is
43-3 amended to read as follows:
43-4 Sec. 64.002. PROTECTION OF NONGAME BIRDS. (a) Except as
43-5 provided by [in this section, Chapter 67, or Section 12.013 of]
43-6 this code, no person may:
43-7 (1) catch, kill, injure, pursue, or possess, dead or
43-8 alive, or purchase, sell, expose for sale, transport, ship, or
43-9 receive or deliver for transportation, a bird that is not a game
43-10 bird;
43-11 (2) possess any part of the plumage, skin, or body of
43-12 a bird that is not a game bird; or
43-13 (3) disturb or destroy the eggs, nest, or young of a
43-14 bird that is not a game bird.
43-15 (b) European starlings, English sparrows, and [grackles,
43-16 ravens, red-winged blackbirds, cowbirds,] feral rock doves (Columba
43-17 livia)[, and crows] may be killed at any time and their nests or
43-18 eggs may be destroyed.
43-19 (c) A permit is not required to control yellow-headed,
43-20 red-winged, rusty, or Brewer's blackbirds or all grackles,
43-21 cowbirds, crows, or magpies when found committing or about to
43-22 commit depredations on ornamental or shade trees, agricultural
43-23 crops, livestock, or wildlife, or when concentrated in numbers and
43-24 in a manner that constitutes a health hazard or other nuisance.
43-25 (d) Canaries, parrots, and other exotic nongame birds may be
43-26 sold, purchased, and kept as domestic pets.
43-27 SECTION 83. Subchapter A, Chapter 64, Parks and Wildlife
44-1 Code, is amended by adding Section 64.007 to read as follows:
44-2 Sec. 64.007. POSSESSION OF LIVE GAME BIRDS. No person may
44-3 possess a live game bird in this state except as authorized by this
44-4 code.
44-5 SECTION 84. Section 64.022, Parks and Wildlife Code, is
44-6 amended to read as follows:
44-7 Sec. 64.022. AUTHORITY OF COMMISSION [DEPARTMENT]. The
44-8 commission [department] shall provide the open season[,] and means,
44-9 methods, and devices for the hunting [taking] and possessing of
44-10 migratory game birds and may delegate that authority to the
44-11 executive director.
44-12 SECTION 85. Sections 64.024(b) and (c), Parks and Wildlife
44-13 Code, are amended to read as follows:
44-14 (b) [A regulation issued by the department must be
44-15 incorporated in the minutes of the meeting at which it was adopted,
44-16 and a copy of the regulation must be filed with the secretary of
44-17 state and each county clerk and county attorney.]
44-18 [(c)] The commission may adopt an emergency regulation
44-19 governing the hunting [taking] or possession of migratory game
44-20 birds if the commission finds that an emergency condition affecting
44-21 the supply or condition of migratory game birds exists.
44-22 SECTION 86. Section 64.026, Parks and Wildlife Code, is
44-23 amended to read as follows:
44-24 Sec. 64.026. PROHIBITED ACTS. No person may hunt or possess
44-25 a migratory game bird by any means or method [or device] except as
44-26 provided by regulation issued under this code [subchapter].
44-27 SECTION 87. Section 65.001, Parks and Wildlife Code, is
45-1 amended to read as follows:
45-2 Sec. 65.001. DEFINITIONS. In this chapter:
45-3 (1) "Alligator" means a living or dead American
45-4 alligator (Alligator mississippiensis).
45-5 (2) ["Alligator buyer" means a person who buys
45-6 alligators, alligator hides, or any part of an alligator.]
45-7 [(3)] "Alligator hunter" means a person who takes an
45-8 alligator, an alligator egg, [dead or live alligators] or any part
45-9 of an alligator.
45-10 (3) [(4)] "Possess" means the act of having in
45-11 possession or control, keeping, detaining, restraining, or holding
45-12 as owner or as agent, bailee, or custodian for another.
45-13 (4) [(5)] "Take" means the act of hooking, netting,
45-14 snaring, trapping, pursuing, shooting, killing, [or] capturing, or
45-15 collecting by any means or device and includes the attempt to take
45-16 by the use of any method.
45-17 (5) [(6)] "Resident" means an individual who has
45-18 resided continuously in this state during the [for more than] six
45-19 months preceding the individual's application [immediately before
45-20 applying] for any [an alligator hunter's or alligator buyer's]
45-21 license or permit issued under this chapter.
45-22 (6) [(7)] "Nonresident" means an individual who is not
45-23 a resident.
45-24 SECTION 88. Section 65.003, Parks and Wildlife Code, is
45-25 amended to read as follows:
45-26 Sec. 65.003. REGULATIONS. (a) The commission may regulate
45-27 by proclamation the taking, possession, propagation,
46-1 transportation, exportation, importation, sale, and offering for
46-2 sale of alligators, alligator eggs, or any part of an alligator
46-3 that the commission considers necessary to manage this species.
46-4 (b) The regulations of the commission under this chapter may
46-5 provide for:
46-6 (1) permit application forms, fees, and procedures;
46-7 (2) hearing procedures;
46-8 (3) the periods of time when it is lawful to take,
46-9 possess, sell, or purchase alligators, alligator hides, alligator
46-10 eggs, or any part of an alligator; [and]
46-11 (4) limits, size, means, methods, [manner,] and places
46-12 in which it is lawful to take or possess alligators, alligator
46-13 hides, alligator eggs, or any part of an alligator; and
46-14 (5) control of nuisance alligators.
46-15 SECTION 89. Section 65.005, Parks and Wildlife Code, is
46-16 amended to read as follows:
46-17 Sec. 65.005. POSSESSION. [(a)] No person may take, sell,
46-18 purchase, or possess an alligator, [the egg of] an alligator egg,
46-19 or any part of an alligator in this state except as permitted by
46-20 the regulations of the commission.
46-21 [(b) This chapter does not prohibit consumers from
46-22 purchasing or possessing goods processed or manufactured from
46-23 alligators that have been taken in accordance with the law.]
46-24 SECTION 90. Section 65.006, Parks and Wildlife Code, is
46-25 amended to read as follows:
46-26 Sec. 65.006. LICENSE REQUIRED. (a) No person may take,
46-27 attempt to take, or possess[, or accompany another person who is
47-1 attempting to take] an alligator in this state [during the open
47-2 season established by the commission for taking alligators] unless
47-3 the person [he] has acquired and possesses an alligator hunter's
47-4 license.
47-5 (b) No [Except as provided by Section 65.005(b) of this
47-6 code, no] person for any purpose may possess, purchase, or possess
47-7 after purchase an alligator, an alligator hide, an alligator egg,
47-8 or any part of an alligator taken in this state unless:
47-9 (1) the person [he] has acquired and possesses a
47-10 permit issued by the department for that purpose; or
47-11 (2) a regulation of the commission otherwise allows
47-12 the possession or purchase without a permit [an alligator buyer's
47-13 license].
47-14 SECTION 91. Section 65.007, Parks and Wildlife Code, is
47-15 amended to read as follows:
47-16 Sec. 65.007. LICENSE FEES. The fees for the licenses issued
47-17 under this chapter are in the following amounts or in amounts set
47-18 by the commission, whichever amounts are more:
47-19 (1) $25 for a resident alligator hunter's license; and
47-20 (2) [$150 for a resident alligator buyer's license;]
47-21 [(3)] $50 for a nonresident alligator hunter's
47-22 license[; and]
47-23 [(4) $300 for a nonresident alligator buyer's
47-24 license].
47-25 SECTION 92. Section 66.002(a), Parks and Wildlife Code, is
47-26 amended to read as follows:
47-27 (a) No person may catch, take, or attempt to catch or take
48-1 any aquatic animal life [fish] by any means or method from [the use
48-2 of a net or seine or explosive or by poisoning, polluting,
48-3 muddying, ditching, or draining in] any privately owned waters
48-4 [lake, pool, or pond] without the consent of the landowner or the
48-5 landowner's agent [owner].
48-6 SECTION 93. Section 66.003(b), Parks and Wildlife Code, is
48-7 amended to read as follows:
48-8 (b) Subsection (a) of this section does not apply to the use
48-9 of explosives necessary for construction purposes when the use is
48-10 authorized in writing by the department [county judge of the county
48-11 where the work is to be done].
48-12 SECTION 94. Section 66.014(a), Parks and Wildlife Code, is
48-13 amended to read as follows:
48-14 (a) No person may transport any aquatic product for
48-15 commercial purposes unless the person clearly identifies the motor
48-16 vehicle, trailer, or semitrailer as a vehicle that carries aquatic
48-17 products. The commission shall prescribe by proclamation the
48-18 identification requirements for a motor vehicle, trailer, or
48-19 semitrailer transporting aquatic products, and the commission may
48-20 prescribe that the identification shall list the state of origin of
48-21 the aquatic products. In this subsection, "motor vehicle,"
48-22 "trailer," and "semitrailer" ["semitrailer,"] have the meanings
48-23 assigned [meaning given those terms] by Section 541.201,
48-24 Transportation Code [the Uniform Act Regulating Traffic on Highways
48-25 (Article 6701d, Vernon's Texas Civil Statutes)].
48-26 SECTION 95. Section 66.015(d), Parks and Wildlife Code, is
48-27 amended to read as follows:
49-1 (d) Subsection (b) of this [This] section does not apply to
49-2 native, nongame fish as defined by the commission, except in waters
49-3 designated by the commission where threatened or endangered fish
49-4 are present.
49-5 SECTION 96. Section 66.109(a), Parks and Wildlife Code, is
49-6 amended to read as follows:
49-7 (a) The department [commissioners court of each county], by
49-8 written order, may require the owner of a public or private dam or
49-9 other obstruction on a regularly flowing public freshwater stream
49-10 to construct or repair fishways or fish ladders sufficient to allow
49-11 fish in all seasons to ascend or descend the dam or other
49-12 obstruction for the purpose of depositing spawn.
49-13 SECTION 97. Section 66.2011, Parks and Wildlife Code, is
49-14 amended to read as follows:
49-15 Sec. 66.2011. RED DRUM AND SPECKLED SEA TROUT: PENALTIES
49-16 [DAILY CATCH AND RETENTION LIMITS]. [(a) No person may:]
49-17 [(1) catch and retain in one day more than 10 red
49-18 drum;]
49-19 [(2) possess at one time more than 20 red drum;]
49-20 [(3) possess at one time more than two red drum longer
49-21 than 35 inches; or]
49-22 [(4) catch and retain a red drum shorter than 14
49-23 inches.]
49-24 [(b) No person may:]
49-25 [(1) catch and retain in one day more than 20 speckled
49-26 sea trout;]
49-27 [(2) possess at one time more than 40 speckled sea
50-1 trout; or]
50-2 [(3) catch and retain a speckled sea trout shorter
50-3 than 12 inches.]
50-4 [(c) Daily catch, retention, and size limits for redfish and
50-5 speckled sea trout set by the commission under the Wildlife
50-6 Conservation Act of 1983 (Chapter 61 of this code) prevail over the
50-7 limits under this section. If the commission does not set catch,
50-8 retention, and size limits for redfish and speckled sea trout under
50-9 the conservation Act, this section applies.]
50-10 [(d)] In addition to the penalty provided in Section 66.218
50-11 [of this code], a person who violates [this section or] a
50-12 proclamation issued under [this section or under] Chapter 61 shall
50-13 have all equipment, other than vessels, in the person's [his]
50-14 possession used for the taking of red drum or speckled sea trout
50-15 confiscated. A person who violates [this section or] a
50-16 proclamation issued under [this section or under] Chapter 61 three
50-17 or more times within a five-year period shall have all equipment,
50-18 including vessels, in the person's [his] possession used for the
50-19 taking of redfish or speckled sea trout confiscated.
50-20 SECTION 98. Sections 66.2012(d)-(f), Parks and Wildlife
50-21 Code, are amended to read as follows:
50-22 (d) A proclamation of the commission under this section
50-23 prevails over any conflicting provision of Section 66.020 [Sections
50-24 66.201 and 66.2011 of this code] to the extent of the conflict and
50-25 only during the period that the proclamation is in effect.
50-26 (e) This section does not apply to activities that are
50-27 regulated under the exceptions provided by Subdivisions (1), (2),
51-1 and (3) of Section 66.020(b) [66.201(e) of this code] or under
51-2 Subsections (f) and (g) of that section.
51-3 (f) A person who violates a proclamation issued under
51-4 Subsection (a) [of this section] is guilty of an offense and is
51-5 punishable for the first and subsequent offenses by the penalties
51-6 prescribed by Sections 66.2011 [66.2011(d)] and 66.218 [of this
51-7 code].
51-8 SECTION 99. Section 67.001, Parks and Wildlife Code, is
51-9 amended to read as follows:
51-10 Sec. 67.001. DEFINITION[; REGULATIONS]. [(a)] In this
51-11 chapter, "nongame" means those species of vertebrate and
51-12 invertebrate wildlife indigenous to Texas[, and elk east of the
51-13 Pecos,] that are not classified as game animals, game birds, game
51-14 fish, fur-bearing animals, endangered species, alligators, marine
51-15 penaeid shrimp, or oysters.
51-16 [(b) The commission by regulation shall establish any
51-17 limitations on the taking, possession, transportation, exportation,
51-18 sale, and offering for sale of nongame fish and wildlife that the
51-19 department considers necessary to manage these species.]
51-20 SECTION 100. Section 67.004, Parks and Wildlife Code, is
51-21 amended to read as follows:
51-22 Sec. 67.004. ISSUANCE OF REGULATIONS. (a) The commission
51-23 by regulation shall establish any limits on the taking, possession,
51-24 propagation, transportation, importation, exportation, sale, or
51-25 offering for sale of nongame fish or wildlife that the department
51-26 considers necessary to manage the species.
51-27 (b) The regulations shall state the name of the species or
52-1 subspecies, by common and scientific name, that the department
52-2 determines to be in need of management under this chapter.
52-3 [(b) The department shall conduct a public hearing on all
52-4 proposed regulations and shall publish notice of the hearing in at
52-5 least three major newspapers of general circulation in this state
52-6 at least one week before the date of the hearing.]
52-7 [(c) The department shall solicit comments on the proposed
52-8 regulations at the public hearing and by other means.]
52-9 [(d) On the basis of the information received at the hearing
52-10 or by other means, the department may modify a proposed regulation.]
52-11 [(e) Regulations become effective 60 days after the date
52-12 they are proposed unless withdrawn by the department.]
52-13 SECTION 101. Section 67.0041, Parks and Wildlife Code, is
52-14 amended to read as follows:
52-15 Sec. 67.0041. REGULATIONS AND PERMITS. (a) The department
52-16 may issue permits for the taking, possession, propagation,
52-17 transportation, sale, importation, or exportation of a nongame
52-18 species of fish or wildlife if necessary to properly manage that
52-19 species.
52-20 (b) The department may charge a fee for a permit issued
52-21 under this section [for a commercial activity]. The fee shall be
52-22 set by the commission.
52-23 SECTION 102. Sections 68.014 and 68.015, Parks and Wildlife
52-24 Code, are amended to read as follows:
52-25 Sec. 68.014. REGULATIONS. The department shall make
52-26 regulations necessary to administer the provisions of this chapter
52-27 and to attain its objectives, including regulations to govern:
53-1 (1) permit application forms, fees, and procedures;
53-2 (2) hearing procedures;
53-3 (3) procedures for identifying endangered fish and
53-4 wildlife or goods made from endangered fish or wildlife which may
53-5 be possessed, propagated, or sold under this chapter; [and]
53-6 (4) publication and distribution of lists of species
53-7 and subspecies of endangered fish or wildlife and their products;
53-8 and
53-9 (5) limitations on the capture, trapping, taking, or
53-10 killing, or attempting to capture, trap, take, or kill, and the
53-11 possession, transportation, exportation, sale, and offering for
53-12 sale of endangered species.
53-13 Sec. 68.015. PROHIBITED ACTS. (a) No person may capture,
53-14 trap, take, or kill, or attempt to capture, trap, take, or kill,
53-15 endangered fish or wildlife.
53-16 (b) No person may possess, sell, distribute, or offer or
53-17 advertise for sale endangered fish or wildlife unless the fish or
53-18 wildlife have been lawfully born and raised in captivity for
53-19 commercial purposes under the provisions of this chapter.
53-20 (c) [(b)] No person may possess, sell, distribute, or offer
53-21 or advertise for sale any goods made from endangered fish or
53-22 wildlife unless:
53-23 (1) the goods were made from fish or wildlife that
53-24 were born and raised in captivity for commercial purposes under the
53-25 provisions of this chapter; or
53-26 (2) the goods were made from fish or wildlife lawfully
53-27 taken in another state and the person presents documented evidence
54-1 to the department to substantiate that fact.
54-2 (d) [(c)] No person may sell, advertise, or offer for sale
54-3 any species of fish or wildlife not classified as endangered under
54-4 the name of any endangered fish or wildlife.
54-5 SECTION 103. Sections 71.005(b)-(d), Parks and Wildlife
54-6 Code, are amended to read as follows:
54-7 (b) Except as provided by commission regulation, no [No]
54-8 person may purchase, [or] possess after purchase, or transport for
54-9 commercial purposes a pelt or carcass taken in this state unless
54-10 the person [he] has acquired and possesses a retail fur buyer's or
54-11 wholesale fur dealer's license.
54-12 (c) No person may capture [take] or possess a live
54-13 fur-bearing animal for any [the] purpose, except as otherwise
54-14 authorized by this code, [of propagation or sale] unless he has
54-15 acquired and possesses a fur-bearing animal propagation license.
54-16 (d) A person who possesses a hunting license [and is engaged
54-17 in a lawful hunting activity for any species other than fur-bearing
54-18 animals] may take and possess a fur-bearing animal if:
54-19 (1) neither the fur-bearing animal nor any part of
54-20 that animal is taken for the purpose of sale, barter, or exchange;
54-21 and
54-22 (2) the number of fur-bearing animals taken does not
54-23 exceed the daily bag limit or possession limit set by commission
54-24 regulation.
54-25 SECTION 104. Section 76.1031(b), Parks and Wildlife Code, is
54-26 amended to read as follows:
54-27 (b) All licenses issued under the authority of this chapter
55-1 [Chapter 76 of this code] may not be transferred to another person
55-2 or vessel except as provided by this subsection. A license issued
55-3 under the authority of Section 76.101(c) may be transferred to
55-4 another vessel or to a new owner of the same vessel. The
55-5 commission, by regulation, may prescribe requirements necessary to
55-6 clarify license transfer procedures and may prescribe, by
55-7 regulation, forms to be used and fees to be charged for transfer of
55-8 licenses in this chapter and for duplicate license plates or
55-9 duplicate or replacement licenses.
55-10 SECTION 105. Section 76.116, Parks and Wildlife Code, is
55-11 amended to read as follows:
55-12 Sec. 76.116. OYSTERS FROM RESTRICTED [POLLUTED] AREAS.
55-13 (a) There is no open season for taking oysters from areas closed
55-14 [declared to be polluted] by the Texas [State] Department of
55-15 Health[, and a person who takes oysters from such an area violates
55-16 Section 76.108(a) of this code].
55-17 (b) The department may authorize by permit the transplanting
55-18 of oysters from restricted areas or other areas designated by the
55-19 department [polluted areas] to private oyster leases.
55-20 (c) A person removing oysters from a restricted area or
55-21 other area designated by the department [polluted areas] without a
55-22 permit shall replace the oysters in the beds from which they were
55-23 taken as directed by authorized employees of the department.
55-24 SECTION 106. Section 77.020, Parks and Wildlife Code, is
55-25 amended to read as follows:
55-26 Sec. 77.020. PENALTY. (a) A person who violates a provision
55-27 of this chapter except Section 77.024 or 77.061(a)(1) or who
56-1 violates a regulation adopted under this chapter [of this code]
56-2 commits an offense that is a Class C Parks and Wildlife Code
56-3 misdemeanor.
56-4 (b) If it is shown at the trial of the defendant that the
56-5 person [he] has been convicted once within five years before the
56-6 trial date of a violation of a provision of this chapter except
56-7 Section 77.024 or 77.061(a)(1) [of this code], or of a regulation
56-8 adopted under this chapter, the person [he] is guilty of a Class B
56-9 Parks and Wildlife Code misdemeanor.
56-10 (c) If it is shown at the trial of the defendant that the
56-11 person [he] has been convicted two or more times within five years
56-12 before the trial date of a violation of a provision of this
56-13 chapter except Section 77.024 or 77.061(a)(1) [of this code], or of
56-14 a regulation adopted under this chapter, the person [he] is guilty
56-15 of a Class A Parks and Wildlife Code misdemeanor.
56-16 SECTION 107. Section 77.0361, Parks and Wildlife Code, is
56-17 amended by amending Subsection (b) and adding Subsection (c) to
56-18 read as follows:
56-19 (b) All licenses issued under the authority of this chapter
56-20 [Chapter 77 of this code] may not be transferred to another person
56-21 or vessel except as provided by Subsection (c) [this subsection] or
56-22 by Section 77.113. A license issued under the authority of
56-23 Section 77.043 in the name of a business remains valid for the
56-24 business location specified on the license if a change of ownership
56-25 or business name occurs. A license issued under the authority of
56-26 Section 77.035 may be transferred to another vessel or to the new
56-27 owner of the same vessel.
57-1 (c) The commission, by regulation [rule], may prescribe
57-2 requirements necessary for license transfers and may prescribe, by
57-3 regulation [rule], forms to be used and fees to be charged for
57-4 transfers of licenses in this chapter, [and] for duplicate license
57-5 plates, or for [and/or] duplicate or replacement licenses.
57-6 SECTION 108. Section 77.037, Parks and Wildlife Code, is
57-7 amended to read as follows:
57-8 Sec. 77.037. TRANSFER OF LICENSE. A commercial gulf shrimp
57-9 boat license issued under this subchapter may be transferred on the
57-10 application of the licensee from a boat that has been destroyed or
57-11 lost to a boat acquired by the licensee as a replacement. The
57-12 commission, by regulation, may prescribe requirements necessary to
57-13 clarify license transfer procedures and may prescribe, by
57-14 regulation, forms to be used and fees to be charged for transfer of
57-15 licenses authorized by this subsection.
57-16 SECTION 109. Section 77.044(b), Parks and Wildlife Code, is
57-17 amended to read as follows:
57-18 (b) A bait-shrimp dealer's license may not be held by a
57-19 person who also holds a wholesale fish dealer's [shrimp house
57-20 operator's] license.
57-21 SECTION 110. The heading to Subchapter E, Chapter 81, Parks
57-22 and Wildlife Code, is amended to read as follows:
57-23 SUBCHAPTER E. WILDLIFE MANAGEMENT AREAS AND PUBLIC HUNTING LANDS
57-24 SECTION 111. Section 81.402, Parks and Wildlife Code, is
57-25 amended to read as follows:
57-26 Sec. 81.402. REGULATION OF HUNTING AND FISHING. (a) The
57-27 executive director [department] may prohibit hunting and fishing in
58-1 wildlife [game] management areas or public hunting lands to protect
58-2 any species of wildlife or fish.
58-3 (b) [The department from time to time, as sound biological
58-4 management permits, and until August 31, 1995, may allow open
58-5 seasons for hunting and fishing.]
58-6 [(c)] During an open season in wildlife management areas or
58-7 public hunting lands, the executive director [department] may
58-8 prescribe the number, kind, sex, and size of game or fish that may
58-9 be taken.
58-10 (c) [(d)] The executive director [department] may prescribe
58-11 the means, methods, and conditions for the taking of game or fish
58-12 during an open season in wildlife management areas or public
58-13 hunting lands.
58-14 (d) As [(e) After August 31, 1995, and as] sound biological
58-15 management permits, the commission may [only] prescribe an open
58-16 season for hunting after it has established a classification system
58-17 for such areas in accordance with Section 13.001(b) [of this code].
58-18 SECTION 112. Section 81.403, Parks and Wildlife Code, is
58-19 amended by amending Subsection (a) and adding Subsection (e) to
58-20 read as follows:
58-21 (a) Except as provided in Subsections [Subsection] (b) and
58-22 (e) [of this section], permits for hunting of wildlife or for any
58-23 other use in wildlife [on game] management areas shall be issued
58-24 by the department to applicants by means of a fair method of
58-25 distribution subject to limitations on the maximum number of
58-26 permits to be issued.
58-27 (e) The department may authorize and accept multiple
59-1 applications for special hunting permits, programs, packages, or
59-2 events.
59-3 SECTION 113. Section 47.02(c), Penal Code, is amended to
59-4 read as follows:
59-5 (c) It is a defense to prosecution under this section that
59-6 the actor reasonably believed that the conduct:
59-7 (1) was permitted under the Bingo Enabling Act
59-8 (Article 179d, Vernon's Texas Civil Statutes);
59-9 (2) was permitted under the Charitable Raffle Enabling
59-10 Act (Article 179f, Revised Statutes);
59-11 (3) consisted entirely of participation in the state
59-12 lottery authorized by the State Lottery Act (Chapter 466,
59-13 Government Code);
59-14 (4) was permitted under the Texas Racing Act (Article
59-15 179e, Vernon's Texas Civil Statutes); or
59-16 (5) consisted entirely of participation in a drawing
59-17 for the opportunity to participate in a hunting, fishing, or other
59-18 recreational event conducted by [privileges authorized under] the
59-19 Parks and Wildlife Department [Code].
59-20 SECTION 114. The following provisions of the Parks and
59-21 Wildlife Code are repealed: Sections 11.0161(b), 12.004(a), 12.007,
59-22 12.012, 12.014, 12.016, 12.022, 12.023, 12.111, 13.0011, 13.0012,
59-23 and 13.111; Subchapter E, Chapter 23; Sections 41.001, 41.002,
59-24 41.007, 43.046, 43.048, 43.0485, 43.0761, 43.0765, 44.0135, 46.107,
59-25 47.036, 49.004, 49.0045, 49.0047, 49.005-49.009, 49.013, 61.004,
59-26 61.105, 61.203, 62.027, 62.028, 66.112, 66.302, 76.010, 76.011,
59-27 76.013, 76.014, 76.018, 76.034, 76.105, 76.108, 76.110, 76.111,
60-1 76.112(a), 76.113, 77.001(9), 77.005, 77.012, 77.013,
60-2 77.016-77.019, 77.038, 77.041, 77.042, 77.047, 77.063(a),
60-3 77.064-77.070; Subchapter E, Chapter 77; Sections 81.002 and
60-4 81.201-81.205; Subchapter A, Chapter 82; Subchapter A, Chapter
60-5 114; Subchapter A, Chapter 130; Subchapter A, Chapter 131;
60-6 Subchapter A, Chapter 134; Subchapter A, Chapter 136; Subchapter A,
60-7 Chapter 143; Subchapter A, Chapter 192; Subchapter A, Chapter 202;
60-8 Subchapter A, Chapter 216; Subchapters A and B, Chapter 223;
60-9 Section 223.022; Subchapter A, Chapter 237; Subchapters A and D,
60-10 Chapter 246; Subchapter A, Chapter 258; Subchapter A, Chapter 272;
60-11 Subchapter A, Chapter 283; Section 355.003; and Chapters 101-113,
60-12 115-129, 132, 133, 135, 137-142, 144-191, 193-201, 203-215,
60-13 217-222, 224-236, 238-245, 247-257, 259-271, 273-282, and 284-354.
60-14 SECTION 115. This Act takes effect September 1, 1997.
60-15 SECTION 116. (a) A change in law made by this Act that
60-16 relates to an offense or penalty applies only to an offense
60-17 committed on or after September 1, 1997. For purposes of this
60-18 section, an offense is committed before September 1, 1997, if any
60-19 element of the offense occurs before that date.
60-20 (b) An offense committed before September 1, 1997, is
60-21 covered by the law in effect when the offense was committed, and
60-22 the former law is continued in effect for that purpose.
60-23 SECTION 117. A rule adopted by the Parks and Wildlife
60-24 Commission before September 1, 1997, is not invalid because the
60-25 rule conflicts with a provision of the Parks and Wildlife Code that
60-26 was in effect at the time the rule was adopted and that is repealed
60-27 by this Act. A rule adopted before September 1, 1997, that
61-1 conflicts with a provision in effect at the time the rule was
61-2 adopted and repealed by this Act may not take effect before
61-3 September 1, 1997.
61-4 SECTION 118. The importance of this legislation and the
61-5 crowded condition of the calendars in both houses create an
61-6 emergency and an imperative public necessity that the
61-7 constitutional rule requiring bills to be read on three several
61-8 days in each house be suspended, and this rule is hereby suspended.