1-1 By: Kuempel (Senate Sponsor - Brown) H.B. No. 2542
1-2 (In the Senate - Received from the House May 2, 1997;
1-3 May 5, 1997, read first time and referred to Committee on Natural
1-4 Resources; May 12, 1997, reported adversely, with favorable
1-5 Committee Substitute by the following vote: Yeas 9, Nays 0;
1-6 May 12, 1997, sent to printer.)
1-7 COMMITTEE SUBSTITUTE FOR H.B. No. 2542 By: Brown
A BILL TO BE ENTITLED
1-8 AN ACT
1-9 relating to the regulation of parks and wildlife; providing
1-10 penalties.
1-11 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-12 SECTION 1. Section 1.012, Parks and Wildlife Code, is
1-13 amended to read as follows:
1-14 Sec. 1.012. PUBLIC [PRIVATE] FRESH WATER. Any public
1-15 freshwater lake, river, creek, or bayou in this state contained in
1-16 any survey of private land may not be sold but shall remain open to
1-17 the public. The [If the] Parks and Wildlife Department [stocks the
1-18 water with fish, it] is authorized to protect the fish in public
1-19 waters under rules as it may prescribe.
1-20 SECTION 2. Section 1.101(1), Parks and Wildlife Code, is
1-21 amended to read as follows:
1-22 (1) "Hunt" means capture, trap, [seek or pursue with
1-23 intent to] take, or kill, or [and includes take, kill, and] an
1-24 attempt to capture, trap, take, or kill.
1-25 SECTION 3. Subchapter B, Chapter 11, Parks and Wildlife
1-26 Code, is amended by adding Section 11.0181 to read as follows:
1-27 Sec. 11.0181. EMPLOYEES AS EDUCATORS AND OUTREACH
1-28 PROPONENTS. (a) Employees of the department through education and
1-29 outreach shall:
1-30 (1) expand the wise use and conservation of fish and
1-31 wildlife resources; and
1-32 (2) increase the participation in outdoor recreation.
1-33 (b) The department may use money from any of the
1-34 department's special accounts to pay for education and outreach
1-35 activities performed by department employees or to provide grants
1-36 for education and outreach activities to be performed by other
1-37 entities.
1-38 SECTION 4. Section 11.027, Parks and Wildlife Code, is
1-39 amended by adding Subsection (e) to read as follows:
1-40 (e) The commission by rule may establish and provide for the
1-41 collection of a fee for entering, reserving, or using a facility or
1-42 property owned or managed by the department.
1-43 SECTION 5. Subchapter B, Chapter 11, Parks and Wildlife
1-44 Code, is amended by adding Section 11.0272 to read as follows:
1-45 Sec. 11.0272. PUBLIC FISHING AND SPECIAL EVENTS DRAWING;
1-46 FEES. (a) The department may conduct public drawings to select
1-47 applicants for public fishing or other special events privileges.
1-48 The department may charge each person who participates in the
1-49 drawing a nonrefundable participation fee in addition to any fee
1-50 for issuing a permit or fishing license. The participation fee
1-51 shall be set by the commission in an amount sufficient to pay the
1-52 costs of operating the drawing.
1-53 (b) The commission may approve participation fees, not to
1-54 exceed $25 per species or event for each participant on an
1-55 application, in drawings for special fishing or other special
1-56 programs, packages, or events the costs of which exceed the costs
1-57 of operating the drawing only if the receipts from fees charged are
1-58 designated for use in the management and restoration efforts of the
1-59 specific fishery or resource program implementing each special
1-60 fishing or other special program, package, or event.
1-61 SECTION 6. Section 11.033, Parks and Wildlife Code, is
1-62 amended to read as follows:
1-63 Sec. 11.033. Use of Game, Fish, and Water Safety Account.
1-64 Money in the game, fish, and water safety account may be used for
2-1 the following purposes:
2-2 (1) enforcement of fish, shrimp, and oyster laws, game
2-3 laws, and laws pertaining to sand, shell, and gravel;
2-4 (2) dissemination of information pertaining to marine
2-5 life, wild animal life, wildlife values, and wildlife management;
2-6 (3) scientific investigation and survey of marine life
2-7 for the better protection and conservation of marine life;
2-8 (4) establishment and maintenance of fish hatcheries,
2-9 fish sanctuaries, tidal water fish passes, wildlife management
2-10 areas, and public hunting grounds;
2-11 (5) propagation and distribution of marine life, game
2-12 animals, and wild birds;
2-13 (6) protection of wild birds, fish, and game;
2-14 (7) purchase, repair, and operation of boats and
2-15 dredges;
2-16 (8) research, management, and protection of the fish
2-17 and wildlife resources of this state, including alligators and
2-18 fur-bearing animals;
2-19 (9) salaries of employees and other expenses necessary
2-20 to carry out the duties of the department under laws relating to
2-21 fish, shrimp, oysters, game, water safety, and sand, shell, and
2-22 gravel;
2-23 (10) expansion and development of additional
2-24 opportunities of hunting and fishing in state-owned land and water;
2-25 (11) removing rough fish from public water;
2-26 (12) [construction and maintenance of artificial reefs
2-27 under Section 12.016 of this code;]
2-28 [(13)] administration and enforcement of the water
2-29 safety laws as set out in Chapter 31 [of this code];
2-30 (13) [(14)] purchasing all necessary forms and
2-31 supplies, including reimbursement of the department for any
2-32 material produced by its existing facilities or work performed by
2-33 other divisions of the department;
2-34 (14) [(15)] purchase, construction, and maintenance of
2-35 boat ramps on or near public waters as provided in Chapter 31 [of
2-36 this code];
2-37 (15) [(16)] resource protection activities; and
2-38 (16) [(17)] any other use provided by law.
2-39 SECTION 7. Section 12.010, Parks and Wildlife Code, is
2-40 amended to read as follows:
2-41 Sec. 12.010. NOXIOUS VEGETATION PROGRAM. The department may
2-42 contract with a person not employed by the department or use the
2-43 services of department personnel for the control [eradication] of
2-44 noxious vegetation in [from] the water of this state.
2-45 SECTION 8. Section 12.013, Parks and Wildlife Code, is
2-46 amended to read as follows:
2-47 Sec. 12.013. POWER TO TAKE WILDLIFE. An employee of the
2-48 [The] department acting within the scope of the employee's
2-49 authority may take, transport, release, and manage any of the
2-50 wildlife and fish in this state for investigation, propagation,
2-51 distribution, education, or scientific purposes. [It is a defense
2-52 in any prosecution of an employee of the department for a
2-53 violation of any law for the protection of wildlife or fish that
2-54 the employee was acting within the scope of this authority.]
2-55 SECTION 9. Sections 12.114(b) and (c), Parks and Wildlife
2-56 Code, are amended to read as follows:
2-57 (b) If the person is a resident as defined by Subdivision
2-58 (1) of Section 42.001 of this code, "driver's license" and
2-59 "personal identification certificate" have the meanings assigned
2-60 [provided] by Chapter 521, Transportation Code [Subdivisions (1)
2-61 and (4), Section 1, Chapter 173, Acts of the 47th Legislature,
2-62 Regular Session, 1941 (Article 6687b, Vernon's Texas Civil
2-63 Statutes)].
2-64 (c) If the person is a nonresident as defined by
2-65 [Subdivision (3) of] Section 42.001 [of this code], "driver's
2-66 license" and "personal identification certificate" mean those
2-67 documents that are similar to those defined in Subsection (b) [of
2-68 this section] and that are issued by the agency in the state or
2-69 country of which the person is a resident that is authorized to
3-1 issue driver's licenses or personal identification certificates.
3-2 SECTION 10. Section 12.404, Parks and Wildlife Code, is
3-3 amended to read as follows:
3-4 Sec. 12.404. CLASS A PARKS AND WILDLIFE CODE MISDEMEANOR.
3-5 An individual adjudged guilty of a Class A Parks and Wildlife Code
3-6 misdemeanor shall be punished by:
3-7 (1) a fine of not less than $500 nor more than $4,000
3-8 [$2,000];
3-9 (2) confinement in jail for a term not to exceed one
3-10 year; or
3-11 (3) both such fine and imprisonment.
3-12 SECTION 11. Section 12.405, Parks and Wildlife Code, is
3-13 amended to read as follows:
3-14 Sec. 12.405. CLASS B PARKS AND WILDLIFE CODE MISDEMEANOR.
3-15 An individual adjudged guilty of a Class B Parks and Wildlife Code
3-16 misdemeanor shall be punished by:
3-17 (1) a fine of not less than $200 nor more than $2,000
3-18 [$1,000];
3-19 (2) confinement in jail for a term not to exceed 180
3-20 days; or
3-21 (3) both such fine and imprisonment.
3-22 SECTION 12. Section 12.407, Parks and Wildlife Code, is
3-23 amended to read as follows:
3-24 Sec. 12.407. PARKS AND WILDLIFE CODE FELONY. (a) An
3-25 individual adjudged guilty of a Parks and Wildlife Code felony
3-26 shall be punished by confinement in the institutional division of
3-27 the Texas Department of Criminal Justice [Corrections] for any term
3-28 of not more than 10 years or less than two years.
3-29 (b) In addition to imprisonment, an individual adjudged
3-30 guilty of a Parks and Wildlife Code felony may be punished by a
3-31 fine of not less than $2,000 nor more than $10,000 [$5,000].
3-32 SECTION 13. Section 12.409, Parks and Wildlife Code, is
3-33 amended to read as follows:
3-34 Sec. 12.409. SEPARATE OFFENSES. Each fish, bird, animal,
3-35 reptile, or amphibian or part of a fish, bird, animal, reptile, or
3-36 amphibian taken, possessed, killed, left to die, imported,
3-37 exported, offered for sale, sold, purchased, attempted to be
3-38 purchased, or retained in violation of any provision of this code
3-39 or a proclamation or regulation adopted under this code constitutes
3-40 a separate offense.
3-41 SECTION 14. Section 12.505, Parks and Wildlife Code, is
3-42 amended to read as follows:
3-43 Sec. 12.505. VIOLATION OF SUSPENSION OR REVOCATION. A
3-44 person who engages in an activity requiring a permit or license
3-45 during the time for which such license or permit has been suspended
3-46 or revoked commits an offense that is a Class A Parks and Wildlife
3-47 Code misdemeanor.
3-48 SECTION 15. Section 13.001(b), Parks and Wildlife Code, is
3-49 amended to read as follows:
3-50 (b) The commission shall establish a classification system
3-51 for state parks and wildlife management areas that categorizes
3-52 wildlife management areas, parks, or a portion of parks as wildlife
3-53 [game] management areas, recreational areas, natural areas, or
3-54 historical areas.
3-55 SECTION 16. Section 13.016(b), Parks and Wildlife Code, is
3-56 amended to read as follows:
3-57 (b) Convicts working in connection with lands under the
3-58 control or jurisdiction of the department [a state park] remain
3-59 under the control of the Texas Department [Board] of Criminal
3-60 Justice [Corrections] and are considered as serving their terms in
3-61 the penitentiary.
3-62 SECTION 17. Section 13.019, Parks and Wildlife Code, is
3-63 amended to read as follows:
3-64 Sec. 13.019. FACILITY [CAMPSITE] RESERVATION FEE. The
3-65 department may permit the advance reservation of a facility,
3-66 lodging, or campsite at a state park and require the payment of a
3-67 fee by a person making the reservation. [If the reservation is
3-68 cancelled by 72 hours prior to the day the site is first to be
3-69 occupied under the reservation, the reservation fee shall be
4-1 refunded. If the reservation is confirmed by the person's arriving
4-2 at the park, the reservation fee shall be applied to the first
4-3 day's user fee. No user fee may be required in advance as part of
4-4 the reservation procedure.]
4-5 SECTION 18. The heading to Chapter 23, Parks and Wildlife
4-6 Code, is amended to read as follows:
4-7 CHAPTER 23. NATIONAL PARKS, NATIONAL SEASHORES, AND
4-8 OTHER FEDERAL LANDS [FORESTS]
4-9 SECTION 19. Subchapter D, Chapter 23, Parks and Wildlife
4-10 Code, is amended to read as follows:
4-11 SUBCHAPTER D. FEDERAL LANDS [DAVY CROCKETT NATIONAL FOREST]
4-12 Sec. 23.041. AGREEMENTS FOR WILDLIFE MANAGEMENT. [(a)] The
4-13 department may agree with the proper agency of the United States
4-14 for the protection and management of wildlife resources and for
4-15 restocking desirable species of wildlife on federal lands in the
4-16 state [in portions of the Davy Crockett National Forest, in Houston
4-17 and Trinity counties, that can be designated by a natural
4-18 boundary. A natural boundary may be a road, lake, stream, canyon,
4-19 rock, bluff, island, or other natural feature].
4-20 [(b) No agreement under this section may cover more than
4-21 40,000 acres at any one time during any five-year period.]
4-22 Sec. 23.042. WILDLIFE RESOURCES DEFINED. In this
4-23 subchapter, "wildlife resources" means all wild [kinds of] birds,
4-24 wild animals, and aquatic animal life [fish].
4-25 Sec. 23.043. HUNTING AND FISHING REGULATIONS. The
4-26 commission, under Chapter 61 or Subchapter E, Chapter 81, may
4-27 provide for open seasons for hunting and fishing on federal lands
4-28 for which the department has entered into a wildlife management
4-29 agreement under this subchapter [promulgate regulations applicable
4-30 to the Davy Crockett National Forest, in Houston and Trinity
4-31 counties, to:]
4-32 [(1) prohibit hunting and fishing for periods of time
4-33 as necessary to protect wildlife;]
4-34 [(2) provide open seasons for hunting and fishing;]
4-35 [(3) provide limitations on the number, size, kind,
4-36 and sex of wildlife that may be taken; and]
4-37 [(4) prescribe the conditions under which wildlife may
4-38 be taken].
4-39 Sec. 23.044. PENALTY. A person who violates any rule or
4-40 regulation of the commission adopted under this subchapter or who
4-41 hunts or fishes on federal lands included in a wildlife management
4-42 agreement under this subchapter [in the Davy Crockett National
4-43 Forest] at any time other than the open season commits an offense
4-44 that is a Class C Parks and Wildlife Code misdemeanor.
4-45 SECTION 20. Section 31.003(1), Parks and Wildlife Code, is
4-46 amended and Section 31.003(14), Parks and Wildlife Code, as amended
4-47 by Chapters 450 and 739, Acts of the 73rd Legislature, Regular
4-48 Session, 1993, is amended and reenacted to read as follows:
4-49 (1) "Boat" means a vessel not more than 65 feet in
4-50 length, measured from end to end over the deck, excluding sheer[,
4-51 and manufactured or used primarily for noncommercial use].
4-52 (14) "Personal watercraft" means [a vessel of] a type
4-53 of motorboat that [which] is specifically designed to be operated
4-54 by a person or persons sitting, standing, or kneeling on the vessel
4-55 rather than in the conventional manner of sitting or standing
4-56 inside the vessel.
4-57 SECTION 21. Section 31.004, Parks and Wildlife Code, is
4-58 amended to read as follows:
4-59 Sec. 31.004. APPLICATION OF CHAPTER. The provisions of this
4-60 chapter apply to all public water of this state and to all vessels
4-61 [watercraft navigated or moving] on [the] public water. Privately
4-62 owned water is not subject to the provisions of this chapter.
4-63 SECTION 22. Section 31.021(b), Parks and Wildlife Code, is
4-64 amended to read as follows:
4-65 (b) No person may operate or give permission for the
4-66 operation of any vessel, or dock, moor, or store a vessel owned by
4-67 the person, on the water of this state unless:
4-68 (1) the vessel is numbered as required by this
4-69 chapter;
5-1 (2) [, unless] the certificate of number awarded to
5-2 the vessel is in full force and effect;[,] and
5-3 (3) [unless] the identifying number set forth in the
5-4 certificate is properly displayed on each side of the bow of the
5-5 vessel.
5-6 SECTION 23. Section 31.129(a), Parks and Wildlife Code, is
5-7 amended to read as follows:
5-8 (a) A person who violates or fails to comply with a rule of
5-9 the Texas Natural Resource Conservation Commission [Department of
5-10 Water Resources] concerning the disposal of sewage from boats
5-11 commits an offense that is a Class C Parks and Wildlife Code
5-12 misdemeanor. A separate offense is committed each day a violation
5-13 continues.
5-14 SECTION 24. Section 41.003(b), Parks and Wildlife Code, is
5-15 amended to read as follows:
5-16 (b) An agreement must provide that a resident [residents] of
5-17 the border state who has [have] a [commercial or] sport fishing
5-18 license or a hunting license issued by the border state may fish or
5-19 hunt migratory waterfowl on rivers and lakes of the common border,
5-20 and a Texas resident [residents] holding a Texas license is
5-21 [licenses are] extended equal privileges. A person who holds a
5-22 nonresident sport fishing license or a nonresident hunting license
5-23 issued by this state or a border state may be extended the same
5-24 privileges as those extended a resident license holder under this
5-25 subsection.
5-26 SECTION 25. Section 41.004, Parks and Wildlife Code, is
5-27 amended to read as follows:
5-28 Sec. 41.004. RECIPROCAL AGREEMENTS PROCLAIMED. An [The
5-29 commission may approve any] agreement under Section 41.003 is not
5-30 effective until the commission [of this code] by proclamation has
5-31 approved it. [A proclamation becomes effective 30 days after the
5-32 day it is issued or 30 days after the agreement has been lawfully
5-33 accepted by the bordering state, whichever is later.]
5-34 SECTION 26. Section 41.006(c), Parks and Wildlife Code, is
5-35 amended to read as follows:
5-36 (c) Regulations adopted by the commission or issued by the
5-37 director, when authorized by the commission to issue regulations,
5-38 take effect 20 [30] days after their adoption or issuance or as
5-39 otherwise specified in the regulations.
5-40 SECTION 27. Section 42.001, Parks and Wildlife Code, is
5-41 amended to read as follows:
5-42 Sec. 42.001. DEFINITIONS. In this chapter:
5-43 (1) "Resident" means:
5-44 (A) an individual who has resided continuously
5-45 in this state for more than six months immediately before applying
5-46 for a hunting license;
5-47 (B) a member of the United States armed forces
5-48 on active duty;
5-49 (C) a dependent of a member of the United States
5-50 armed forces on active duty; or
5-51 (D) a member of any other category of
5-52 individuals that the commission by regulation designates as
5-53 residents.
5-54 (2) "Nonresident" means an individual who is not a
5-55 resident.
5-56 (3) "Carcass" means the [dead] body of a dead deer or
5-57 antelope, as listed in Section 63.001(a), that has not been
5-58 processed more than by quartering [minus the offal and inedible
5-59 organs, or the trunk with the limbs and head attached, with or
5-60 without the hide].
5-61 (4) "Final destination, [destination]" for a carcass
5-62 or wild turkey or any part of a carcass or wild turkey, means:
5-63 (A) the permanent residence of the hunter;
5-64 (B) [,] the permanent residence of any other
5-65 person receiving the carcass or wild turkey or the part of a
5-66 carcass or wild turkey; [a dead wild turkey, deer carcass, or any
5-67 part of a deer carcass,] or
5-68 (C) a cold storage or [commercial] processing
5-69 facility [plant after the carcass or turkey has been finally
6-1 processed].
6-2 (5) "Final processing," for a carcass or wild turkey,
6-3 means the cleaning of the dead animal for cooking or storage
6-4 purposes. For a carcass, the term also includes the processing of
6-5 the animal more than by quartering.
6-6 (6) "Cold storage or processing facility" means a
6-7 stationary facility designed and constructed to store or process
6-8 game animals and game birds.
6-9 (7) "Wildlife resource document" means a document
6-10 prescribed by the department, other than a tag or permit, that
6-11 allows a person to give, leave, receive, or possess any species of
6-12 legally taken game bird or game animal, or part of a legally taken
6-13 game bird or game animal, if the game bird or game animal is
6-14 otherwise required to have a tag or permit attached or is protected
6-15 by a bag or possession limit.
6-16 (8) "Quartering" means the processing of an animal
6-17 into not more than two hindquarters each having the leg bone
6-18 attached to the hock and two forequarters each having the leg
6-19 portion to the knee attached to the shoulder blade. The term also
6-20 includes removal of two back straps and trimmings from the neck and
6-21 rib cage.
6-22 SECTION 28. Section 42.018, Parks and Wildlife Code, is
6-23 amended by amending Subsections (a) and (c) and adding Subsections
6-24 (d)-(g) to read as follows:
6-25 (a) Except as provided by Subsection (d) or commission rule,
6-26 no [No] person may possess the carcass of a [wild] deer [at any
6-27 time] before the carcass has been finally processed at a [and
6-28 delivered to the] final destination unless there is attached to
6-29 the carcass a properly executed deer tag from a hunting license
6-30 provided by the department and issued to the person who killed the
6-31 deer.
6-32 (c) If the deer's head is severed from the carcass, the
6-33 properly executed tag must remain with the carcass.
6-34 (d) A wildlife resource document completed by the person who
6-35 killed the deer must accompany the head or other part of the deer
6-36 not accompanied by a tag if at any time before the carcass is
6-37 finally processed the head or other part of the deer no longer
6-38 accompanies the carcass. If a portion of the carcass is divided
6-39 among persons and separated and the person who killed the deer
6-40 retains a portion of the carcass, that person shall retain the tag
6-41 with the portion of the carcass retained by that person. A
6-42 wildlife resource document shall be retained with the head of a
6-43 deer that is not kept with the carcass until the head is delivered
6-44 to the owner after taxidermy or, if not treated by a taxidermist,
6-45 until delivered to a final destination.
6-46 (e) Final processing for a deer carcass may occur only at a
6-47 final destination.
6-48 (f) This section does not prohibit a person before
6-49 delivering a deer carcass to a final destination from removing and
6-50 preparing a part of the deer if the removal and preparation occur
6-51 immediately before the part is cooked or consumed.
6-52 (g) A landowner or the landowner's [his] agent operating
6-53 under a wildlife management plan approved by the department is, if
6-54 authorized by the commission, exempt from the tag requirements of
6-55 this section.
6-56 SECTION 29. Section 42.0185, Parks and Wildlife Code, is
6-57 amended by amending Subsection (a) and adding Subsections (c) and
6-58 (d) to read as follows:
6-59 (a) Except as provided by commission rule, no [No] person
6-60 may possess a [dead] wild turkey at any time after the turkey is
6-61 killed and before it has been finally processed at a [and delivered
6-62 to the] final destination unless there is attached to the [dead
6-63 wild] turkey a properly executed turkey tag from a hunting license
6-64 provided by the department and issued to the person who killed the
6-65 turkey.
6-66 (c) A wildlife resource document completed by the person who
6-67 killed the turkey must accompany a part of the turkey if at any
6-68 time before the turkey reaches a final destination the part of the
6-69 turkey no longer accompanies the tagged turkey and is possessed by
7-1 the person who killed the turkey or is given to, left with, or
7-2 possessed by another person, including a taxidermist.
7-3 (d) This section does not prohibit a person before
7-4 delivering a wild turkey to a final destination from preparing part
7-5 of the turkey immediately before cooking and consuming the part.
7-6 SECTION 30. Section 42.019, Parks and Wildlife Code, is
7-7 amended to read as follows:
7-8 Sec. 42.019. POSSESSION OF CERTAIN PARTS OF ANTELOPE [DEER].
7-9 (a) Except as provided by Subsection (c), no [No] person may
7-10 possess the carcass of an antelope before it has been finally
7-11 processed at a final destination unless there is attached to the
7-12 carcass an antelope permit provided by the department that is
7-13 executed legibly, accurately, and completely by the person who
7-14 killed the antelope [a wild deer with the head removed unless the
7-15 carcass has been finally processed and delivered to the final
7-16 destination].
7-17 (b) If the antelope's head is severed from the carcass, the
7-18 properly executed permit must remain with the carcass. [No person,
7-19 other than the person who killed the deer, may receive or possess
7-20 any part of a deer without a legible hunter's document attached to
7-21 the carcass or part of the deer.]
7-22 (c) A wildlife resource document completed by the person who
7-23 killed the antelope must accompany the head or other part of the
7-24 antelope not accompanied by a permit if at any time before the
7-25 carcass is finally processed the head or other part of the antelope
7-26 no longer accompanies the carcass. If a portion of the carcass is
7-27 divided among persons and separated and the person who killed the
7-28 antelope retains a portion of the carcass, that person shall retain
7-29 the permit with the portion of the carcass retained by that person.
7-30 A wildlife resource document shall be retained with the head of an
7-31 antelope that is not kept with the carcass until the head is
7-32 delivered to the owner after taxidermy or, if not treated by a
7-33 taxidermist, until delivered to a final destination. [A hunter's
7-34 document is an instrument signed and executed by the person who
7-35 killed the deer and must contain:]
7-36 [(1) the name and address of the person who killed the
7-37 deer;]
7-38 [(2) the number of the hunting license of the person
7-39 who killed the deer;]
7-40 [(3) the date on which the deer was killed; and]
7-41 [(4) the name of the ranch and the county where the
7-42 deer was killed.]
7-43 (d) Final processing for an antelope carcass may occur only
7-44 at a final destination.
7-45 (e) This section does not prohibit a person before
7-46 delivering an antelope carcass to a final destination from removing
7-47 and preparing a part of the antelope if the removal and preparation
7-48 occur immediately before the part is cooked and consumed. [A
7-49 hunter's document shall remain with any part of the deer until it
7-50 is finally processed and delivered to the final destination.]
7-51 SECTION 31. Section 43.0721, Parks and Wildlife Code, is
7-52 amended by amending Subsection (a) and adding Subsection (c) to
7-53 read as follows:
7-54 (a) No person may release banded pen-reared birds under this
7-55 subchapter [and receive as a guest for pay or other consideration
7-56 an individual engaged in hunting,] unless the person holds a valid
7-57 private bird hunting area license.
7-58 (c) A person is not required to hold a hunting lease license
7-59 issued under Subchapter D to hunt banded pen-reared birds released
7-60 under the authority of this subchapter.
7-61 SECTION 32. Section 43.075(d), Parks and Wildlife Code, is
7-62 amended to read as follows:
7-63 (d) The band must remain on each bird killed until the bird
7-64 is taken to the permanent residence of the hunter, the permanent
7-65 residence of another person receiving the bird, or a cold storage
7-66 or processing facility unless [a final destination. It is a
7-67 defense to prosecution under this subsection if] the name and
7-68 identification number of the licensee has been stamped or printed
7-69 on the box, wrapping, or package containing the carcass of a bird
8-1 that has been processed and possessed, shipped, or transported
8-2 without the band attached.
8-3 SECTION 33. Section 43.154(d), Parks and Wildlife Code, is
8-4 amended to read as follows:
8-5 (d) No state permit is required to authorize a person to
8-6 kill [authorizing the killing of] migratory [game] birds protected
8-7 by the Federal Migratory Bird Treaty Act if the person has obtained
8-8 [may be issued unless the applicant has received] a permit
8-9 authorizing that activity from the United States Department of the
8-10 Interior or the United States Department of Agriculture[, Fish and
8-11 Wildlife Service. No permit may be issued for the taking of
8-12 wildlife protected under Chapter 68 of this code (Endangered
8-13 Species)].
8-14 SECTION 34. Section 43.201(a), Parks and Wildlife Code, is
8-15 amended to read as follows:
8-16 (a) Except as provided by Subsection (c) or (d) [of this
8-17 section], no person may hunt [wild] deer, [bear,] turkey, or
8-18 javelina (collared peccary) during an open archery season provided
8-19 by law or by the proclamations of the commission and during which
8-20 season only crossbows used by hunters with upper limb disabilities
8-21 and longbows, recurved bows, and compound bows [and arrows] may be
8-22 used unless the person has acquired an archery hunting stamp issued
8-23 to the person by the department. The commission by rule may
8-24 prescribe requirements relating to possessing a stamp required by
8-25 this subchapter.
8-26 SECTION 35. Section 43.203, Parks and Wildlife Code, is
8-27 amended to read as follows:
8-28 Sec. 43.203. HUNTING LICENSE REQUIRED. The purchase or
8-29 possession of an archery hunting stamp does not permit a person to
8-30 hunt [wild] deer, [bear,] turkey, or javelina without the license
8-31 required by Chapter 42 [of this code] or by any means or methods
8-32 not allowed by law.
8-33 SECTION 36. Section 43.522(a), Parks and Wildlife Code, is
8-34 amended to read as follows:
8-35 (a) The department or its agent may issue a conservation
8-36 permit to any person on the payment to the department or agent of a
8-37 fee in an amount set by the commission. [The fee charged for a
8-38 conservation permit may not exceed the amount charged by the
8-39 department for a combination hunting and fishing license under
8-40 Section 50.002 of this code.]
8-41 SECTION 37. Subchapter P, Chapter 43, Parks and Wildlife
8-42 Code, is amended by adding Section 43.555 to read as follows:
8-43 Sec. 43.555. PENALTIES. A person who violates this
8-44 subchapter or a commission rule issued under this subchapter
8-45 commits an offense that is a Class C Parks and Wildlife Code
8-46 misdemeanor.
8-47 SECTION 38. Section 44.012, Parks and Wildlife Code, is
8-48 amended to read as follows:
8-49 Sec. 44.012. SALE DURING OPEN SEASON. A game animal held
8-50 under the authority of a license issued under this subchapter may
8-51 not be sold, traded, transferred, or shipped to any person in any
8-52 county [No game breeder may sell or ship to another person in this
8-53 state any antelope or collared peccary, and no person in this state
8-54 may purchase from a game breeder in this state or any other state
8-55 any antelope or collared peccary] during an open season in the
8-56 county of destination for taking the game animal or during a period
8-57 of 10 days before the [and after an] open season.
8-58 SECTION 39. Section 45.001, Parks and Wildlife Code, is
8-59 amended to read as follows:
8-60 Sec. 45.001. LICENSE REQUIRED. No [(a) Except as provided
8-61 in Subsection (b) of this section, no] person may possess game
8-62 birds in captivity for the purpose of propagation or sale [engage
8-63 in the business of propagating game birds] without first acquiring
8-64 the proper license authorized to be issued under this chapter.
8-65 [(b) A person is not required to have a license issued under
8-66 this chapter if he possesses not more than 12 game birds for
8-67 personal use only.]
8-68 SECTION 40. Section 45.003, Parks and Wildlife Code, is
8-69 amended to read as follows:
9-1 Sec. 45.003. TYPES OF LICENSES; FEES. (a) A class 1
9-2 commercial game bird breeder's license entitles the holder to
9-3 possess [engage in the business of propagating game birds for sale
9-4 or holding game birds] in captivity more than 1,000 game birds.
9-5 The fee for a class 1 [commercial game bird breeder's] license is
9-6 $100 or an amount set by the commission, whichever amount is more.
9-7 (b) A class 2 commercial game bird breeder's license
9-8 entitles the holder to [engage in the business of propagating game
9-9 birds for sale or holding game birds in captivity, except that the
9-10 holder of a class 2 license may not] possess in captivity not more
9-11 than 1,000 game birds during any calendar year. The fee for a
9-12 class 2 [commercial game bird breeder's] license is $10 or an
9-13 amount set by the commission, whichever amount is more.
9-14 SECTION 41. Section 45.006, Parks and Wildlife Code, is
9-15 amended to read as follows:
9-16 Sec. 45.006. SALES OF GAME BIRD CARCASSES OR PARTS OF A GAME
9-17 BIRD. (a) No person may sell, offer for sale, or purchase the
9-18 carcass or any part of a dead pen-raised game bird unless:
9-19 (1) the carcass or part is clearly stamped and marked
9-20 by the stamp authorized by Subsection (b) [of this section]; or
9-21 (2) the carcass or part is delivered to the purchaser
9-22 and is accompanied by a document [in a box, wrapping, or other
9-23 container] on which is printed or written the name, street address,
9-24 and identification [the serial] number, if applicable, of the game
9-25 bird breeder.
9-26 (b) Each holder of a license required by this chapter who
9-27 offers for sale the carcass of a pen-raised game bird may acquire a
9-28 rubber stamp which, when used, shows the identification [serial]
9-29 number of the holder of the license.
9-30 SECTION 42. Section 45.0061, Parks and Wildlife Code, is
9-31 amended to read as follows:
9-32 Sec. 45.0061. SOURCE OF GAME BIRDS. A person who is not
9-33 required to possess a commercial game bird breeder's license and
9-34 who is in possession of a live game bird or part of a dead game
9-35 bird [under Subsection (b) of Section 45.001] shall, on the request
9-36 of a game warden commissioned by the department, furnish to the
9-37 warden a receipt showing the name and street address of the person
9-38 and the name and street address of [information as to] the source
9-39 from which any live game bird or part of a dead game bird [birds]
9-40 in the possession of the person was [were] derived. The receipt
9-41 must also show the date of sale and the species and number of live
9-42 game birds or parts of dead game birds acquired. The failure or
9-43 refusal to comply with this section is a violation of this chapter.
9-44 SECTION 43. Section 45.009, Parks and Wildlife Code, is
9-45 amended to read as follows:
9-46 Sec. 45.009. EXCEPTIONS. (a) [A person may purchase live
9-47 pheasant from a commercial game bird breeder for any purpose.]
9-48 [(b)] A commercial game bird breeder may process [slaughter]
9-49 game birds for [his] personal consumption at any time.
9-50 (b) [(c)] This chapter does not apply to a person holding a
9-51 permit under Section 43.022 [of this code].
9-52 (c) [(d)] Any person owning or operating a [restaurant,
9-53 hotel, boarding house, club, or other] business where food is sold
9-54 for consumption, including a restaurant, hotel, boarding house, or
9-55 club, may sell game birds obtained from a legal source for
9-56 consumption on the premises of the business.
9-57 SECTION 44. Sections 47.001(3)-(5), (9), and (16), Parks and
9-58 Wildlife Code, are amended to read as follows:
9-59 (3) "Wholesale fish dealer" means a person who
9-60 operates a place of business [and buys] for [the purpose of]
9-61 selling, offering for sale, canning, preserving, processing, or
9-62 handling for shipments or sale aquatic products to retail fish
9-63 dealers, hotels, restaurants, cafes, consumers, or other wholesale
9-64 fish dealers. The term does not include the holder of a
9-65 bait-shrimp dealer's license.
9-66 (4) "Retail fish dealer" means a person who operates a
9-67 place of business [and buys] for selling [the purpose of sale or
9-68 sells] or offering [offers] for sale to a consumer aquatic
9-69 products, other than aquatic products that are sold by restaurants
10-1 for and ready for immediate consumption in individual portion
10-2 servings and that [which] are subject to the limited sales or use
10-3 tax. For purposes of this subsection, "consumer" does not include
10-4 a wholesale fish dealer or a hotel, restaurant, cafe, or other
10-5 retail fish dealer.
10-6 (5) "Bait dealer" means a person who catches and sells
10-7 minnows, fish, shrimp, or other aquatic products for bait [or
10-8 transports for sale,] or a place of [who is engaged in the]
10-9 business where [of selling] minnows, fish, shrimp, or other aquatic
10-10 products are sold, offered for sale, handled, or transported for
10-11 sale for [fish] bait.
10-12 (9) "Place of business" means a permanent structure on
10-13 land or a motor vehicle required to be registered under Section
10-14 502.002, Transportation Code [2, Chapter 88, General Laws, Acts of
10-15 the 41st Legislature, 2nd Called Session, 1929 (Article 6675a-2,
10-16 Vernon's Texas Civil Statutes)], where aquatic products or orders
10-17 for aquatic products are received or where aquatic products are
10-18 sold or purchased but does not include a boat or any type of
10-19 floating device, a public cold storage vault, the portion of a
10-20 structure that is used as a residence, or a vehicle from which no
10-21 orders are taken or no shipments or deliveries are made other than
10-22 to the place of business of a licensee in this state.
10-23 (16) "Aquatic product" means any live or dead,
10-24 uncooked, fresh or frozen aquatic animal life.
10-25 SECTION 45. Section 47.003(d), Parks and Wildlife Code, is
10-26 amended to read as follows:
10-27 (d) No person may be issued a commercial finfish fisherman's
10-28 license unless the person files with the department at the time the
10-29 person [he] applies for the license an affidavit containing
10-30 statements that:
10-31 (1) [not less than 50 percent of the applicant's
10-32 gainful employment is devoted to commercial fishing;]
10-33 [(2)] the applicant is not employed at any full-time
10-34 occupation other than commercial fishing; and
10-35 (2) [(3)] during the period of validity of the
10-36 commercial finfish fisherman's license the applicant does not
10-37 intend to engage in any full-time occupation other than commercial
10-38 fishing.
10-39 SECTION 46. Section 47.004, Parks and Wildlife Code, is
10-40 amended by adding Subsection (c) to read as follows:
10-41 (c) The commission may adopt rules governing the issuance
10-42 and use of a fishing guide license.
10-43 SECTION 47. Section 47.009(c), Parks and Wildlife Code, is
10-44 amended to read as follows:
10-45 (c) A person who has an aquaculture [a fish farming] license
10-46 for a Texas aquaculture facility under Section 134.011, Agriculture
10-47 Code, is not required to obtain or possess a wholesale fish
10-48 dealer's license if the person's business activities with regard to
10-49 the sale of aquatic products [fish] involve aquatic products [fish]
10-50 raised on the person's aquaculture facility [fish farm] only.
10-51 SECTION 48. Section 47.010, Parks and Wildlife Code, is
10-52 amended to read as follows:
10-53 Sec. 47.010. WHOLESALE TRUCK DEALER'S FISH LICENSE. (a)
10-54 The license fee for a wholesale truck dealer's fish license is $250
10-55 for each truck or an amount set by the commission, whichever amount
10-56 is more.
10-57 (b) A resident who holds a fish farm vehicle license under
10-58 Section 134.012, Agriculture Code, is not required to obtain a
10-59 license for the vehicle under this section if the vehicle is used
10-60 with regard to the sale or transportation of only aquatic products
10-61 raised on a licensed Texas aquaculture facility belonging to the
10-62 owner of the vehicle.
10-63 SECTION 49. Section 47.011(c), Parks and Wildlife Code, is
10-64 amended to read as follows:
10-65 (c) A person with an aquaculture [a fish farming] license
10-66 for a Texas aquaculture facility under Section 134.011, Agriculture
10-67 Code, is not required to obtain or possess a retail fish dealer's
10-68 license if the person's business activities with regard to the sale
10-69 of aquatic products [fish] involve aquatic products [fish] raised
11-1 on the person's aquaculture facility [fish farm] only.
11-2 SECTION 50. Section 47.013(c), Parks and Wildlife Code, is
11-3 amended to read as follows:
11-4 (c) A resident [person] who owns a vehicle licensed under
11-5 Section 134.012, Agriculture Code, is not required to obtain a
11-6 license for the vehicle under this section when the vehicle is used
11-7 with regard to the sale or transportation of only aquatic products
11-8 raised on a licensed Texas aquaculture facility [fish farm]
11-9 belonging to the owner of the vehicle.
11-10 SECTION 51. Section 47.014, Parks and Wildlife Code, is
11-11 amended by amending Subsection (a) and adding Subsection (c) to
11-12 read as follows:
11-13 (a) No person may engage in business [act] as a bait dealer
11-14 unless the person [he] has obtained the appropriate [a] bait
11-15 dealer's license.
11-16 (c) A person who has an aquaculture license for a Texas
11-17 aquaculture facility under Section 134.011, Agriculture Code, is
11-18 not required to obtain or possess a bait dealer's license if the
11-19 person's business activities with regard to the sale of aquatic
11-20 products for bait involve only aquatic products raised on the
11-21 person's aquaculture facility.
11-22 SECTION 52. Section 47.018(a), Parks and Wildlife Code, is
11-23 amended to read as follows:
11-24 (a) No person may bring into this state and deliver aquatic
11-25 products for [any] commercial purposes [purpose] unless the person
11-26 [he] has obtained a wholesale fish dealer's license, [or] a retail
11-27 fish dealer's license, or a bait dealer's license, as applicable,
11-28 issued under this subchapter.
11-29 SECTION 53. Section 47.0181(a), Parks and Wildlife Code, is
11-30 amended to read as follows:
11-31 (a) No person, except a commercial fisherman licensed to
11-32 take aquatic products from Texas waters transporting the
11-33 fisherman's own catch within this state, may transport aquatic
11-34 products for commercial purposes, regardless of origin or
11-35 destination, without an invoice containing the following
11-36 information correctly stated and legibly written:
11-37 (1) the invoice number;
11-38 (2) the date of shipment;
11-39 (3) the name and physical address of shipper;
11-40 (4) the name and physical address of receiver;
11-41 (5) the license number of shipper; and
11-42 (6) the quantity of aquatic products contained in the
11-43 shipment; finfish by species and by [,] number or [and] weight,
11-44 oysters by volume, and all other aquatic products by weight.
11-45 SECTION 54. Section 47.031(b), Parks and Wildlife Code, is
11-46 amended to read as follows:
11-47 (b) All licenses and permits issued under the authority of
11-48 Chapter 47 [of this code] may not be transferred to another person
11-49 except that a license issued in the name of a business shall remain
11-50 valid for the business location specified on the license or permit
11-51 if a change of ownership and/or business name occurs. A license
11-52 issued under the authority of Section 47.009, [or] 47.011, [or]
11-53 47.014, or 47.016 may be transferred to a new address if the
11-54 business moves to another location. A license issued under the
11-55 authority of Section 47.007, 47.010, or 47.013 may be transferred
11-56 to another vehicle or vessel or to a new owner of the same vehicle
11-57 or vessel. The commission, by regulation, may prescribe
11-58 requirements necessary to clarify license and permit transfer
11-59 procedures and may prescribe, by regulation, forms to be used and
11-60 fees to be charged for transfer of licenses and permits in this
11-61 chapter and for duplicate license plates and duplicate or
11-62 replacement licenses and permits.
11-63 SECTION 55. Section 49.001, Parks and Wildlife Code, is
11-64 amended by adding Subdivision (3) to read as follows:
11-65 (3) "Falconry" means the practice of trapping,
11-66 possessing, training, or flying a raptor for hunting purposes and
11-67 includes the act of hunting by the use of a trained raptor.
11-68 SECTION 56. Section 49.002, Parks and Wildlife Code, is
11-69 amended to read as follows:
12-1 Sec. 49.002. PROHIBITED ACTS. (a) Except as provided in
12-2 Subsection (b) [of this section], no person may take, capture, or
12-3 possess, or attempt to take or capture, any native raptors unless
12-4 the person [he] has obtained a permit issued by the department
12-5 [under this chapter].
12-6 (b) A nonresident may temporarily possess in this state or
12-7 transport through this state any raptor if the person is authorized
12-8 by state and federal permits to possess the raptor in the person's
12-9 state of residence or has been issued a permit under Chapter 43
12-10 [person may collect and hold protected species of wildlife for
12-11 scientific, zoological, and propagation purposes if he holds a
12-12 permit issued by the department for that purpose].
12-13 SECTION 57. Section 49.003, Parks and Wildlife Code, is
12-14 amended to read as follows:
12-15 Sec. 49.003. RECIPROCITY [APPRENTICE FALCONER'S PERMIT]. A
12-16 person in possession of a raptor under a license issued by another
12-17 state who intends to establish residency in this state must apply
12-18 to the department for a falconry permit not later than the 10th day
12-19 after the date the person first moves a raptor into this state. A
12-20 signed and notarized affidavit stating the person's intent to
12-21 establish residency in this state must accompany the application.
12-22 [The department may issue an apprentice falconer's permit to any
12-23 person who:]
12-24 [(1) is at least 14 years of age;]
12-25 [(2) is sponsored by the holder of a general
12-26 falconer's or a master falconer's permit;]
12-27 [(3) submits an application on forms prescribed by the
12-28 department; and]
12-29 [(4) submits an original permit fee of $30 or an
12-30 amount set by the commission, whichever amount is more.]
12-31 SECTION 58. Section 49.010, Parks and Wildlife Code, is
12-32 amended to read as follows:
12-33 Sec. 49.010. HUNTING. (a) A resident possessing [The
12-34 holder of] a falconry [valid] permit [issued under this chapter]
12-35 and a [valid] hunting license may hunt by means of falconry
12-36 [native species of wild birds, wild animals, and migratory game
12-37 birds during the open season and may hunt unprotected species of
12-38 wildlife].
12-39 (b) A nonresident may hunt by means of falconry if the
12-40 nonresident possesses on the nonresident's person:
12-41 (1) a federal falconry permit;
12-42 (2) a falconry permit issued in the person's state of
12-43 residence; and
12-44 (3) a nonresident hunting license and any applicable
12-45 stamps.
12-46 (c) A person may hunt a bird or animal by means of falconry
12-47 only during an open season provided for that bird or animal.
12-48 SECTION 59. Section 49.011, Parks and Wildlife Code, is
12-49 amended to read as follows:
12-50 Sec. 49.011. TRANSFER OR SALE OF RAPTORS. (a) Except as
12-51 permitted in Subsections (b) and (c) [of this section], no person
12-52 may buy, sell, barter, or exchange, or offer to buy, sell, barter,
12-53 or exchange, a raptor in this state.
12-54 (b) The holder of a falconer's permit may transfer [, with
12-55 approval of the department, exchange] a raptor to [with] another
12-56 holder of a falconer's permit or receive a raptor from another
12-57 holder of a falconer's permit [if there is no consideration for the
12-58 exchange other than the raptors exchanged].
12-59 (c) A [The] holder of a [general or master] falconer's
12-60 permit who qualifies as prescribed by commission rule may [arrange
12-61 for the] purchase [of legal] raptors [by correspondence or
12-62 telephone] from any legal source and may sell captive-bred raptors
12-63 to any person permitted to purchase captive-bred raptors [a
12-64 lawfully permitted person in another state where the sale of
12-65 raptors is lawful, provided, however, such raptors may not be
12-66 resold in this state].
12-67 SECTION 60. Section 49.014, Parks and Wildlife Code, is
12-68 amended to read as follows:
12-69 Sec. 49.014. POWERS OF DEPARTMENT. The department may:
13-1 (1) prescribe [reasonable] rules [and regulations] for
13-2 the taking, capture, possession, propagation, transportation,
13-3 export, import, and sale of [taking and possessing] raptors, time
13-4 and area from which raptors may be taken or captured, and species
13-5 that may be taken or captured;
13-6 (2) provide standards for possessing and housing
13-7 raptors held under a permit;
13-8 (3) prescribe annual reporting requirements and
13-9 procedures;
13-10 (4) prescribe eligibility requirements and fees for
13-11 and issue any falconry, raptor propagation, or nonresident trapping
13-12 permit; and
13-13 (5) require and regulate the identification of raptors
13-14 held by permit holders.
13-15 SECTION 61. Section 61.003, Parks and Wildlife Code, is
13-16 amended to read as follows:
13-17 Sec. 61.003. APPLICABILITY OF CHAPTER. This [Title 7 of
13-18 this code prescribes the counties, places, and wildlife resources
13-19 to which this] chapter applies to every county, place, and wildlife
13-20 resource in the state, except as otherwise provided by this code.
13-21 SECTION 62. Section 61.005, Parks and Wildlife Code, is
13-22 amended to read as follows:
13-23 Sec. 61.005. DEFINITIONS. In this chapter:
13-24 (1) ["Hunt" includes take, kill, pursue, trap, and the
13-25 attempt to take, kill, or trap.]
13-26 [(2)] "Wildlife resources" means all wild [game]
13-27 animals, wild [game] birds, and [marine animals, fish, and other]
13-28 aquatic animal life.
13-29 (2) [(3)] "Depletion" means the reduction of a species
13-30 below its immediate recuperative potential by any [deleterious]
13-31 cause.
13-32 (3) [(4)] "Waste" means the failure to provide for the
13-33 regulated harvest of surplus wildlife resources when that harvest
13-34 would allow, promote, or optimize a healthy and self-sustaining
13-35 population of a [supply of a species or one sex of a species in
13-36 sufficient numbers that a seasonal harvest will aid in the
13-37 reestablishment of a normal number of the] species.
13-38 [(5) "Daily bag limit" means the quantity of a species
13-39 of game that may be taken in one day.]
13-40 [(6) "Possession limit" means the maximum number of a
13-41 species of game that may be possessed at one time.]
13-42 SECTION 63. Section 61.022, Parks and Wildlife Code, is
13-43 amended to read as follows:
13-44 Sec. 61.022. TAKING WILDLIFE RESOURCES WITHOUT CONSENT OF
13-45 LANDOWNER PROHIBITED. No person may hunt or [,] catch by any means
13-46 or method [,] or possess a wildlife resource [game animal or game
13-47 bird, fish, marine animal, or other aquatic life] at any time and
13-48 at any place covered by this chapter unless the owner of the land
13-49 or water, or the owner's agent, consents.
13-50 SECTION 64. Subchapter B, Chapter 61, Parks and Wildlife
13-51 Code, is amended by adding Section 61.023 to read as follows:
13-52 Sec. 61.023. APPLYING CONTRACEPTIVES TO WILDLIFE RESOURCES.
13-53 No person may intentionally apply contraceptives to any vertebrate
13-54 wildlife resource unless the person first obtains written
13-55 authorization from the department.
13-56 SECTION 65. Section 61.051, Parks and Wildlife Code, is
13-57 amended to read as follows:
13-58 Sec. 61.051. DUTY TO INVESTIGATE AND STUDY CERTAIN WILDLIFE
13-59 RESOURCES. (a) The department shall conduct scientific studies
13-60 and investigations of all species of game animals, game birds, and
13-61 aquatic animal life [wildlife resources] to determine:
13-62 (1) supply;
13-63 (2) economic value;
13-64 (3) environments;
13-65 (4) breeding habits;
13-66 (5) sex ratios; and
13-67 (6) effects of [hunting, trapping, fishing, disease,
13-68 infestation, predation, agricultural pressure, and overpopulation;
13-69 and]
14-1 [(7)] any [other] factors or conditions causing
14-2 increases or decreases in supply.
14-3 (b) The studies and investigations may be made periodically
14-4 or continuously.
14-5 (c) The commission shall make findings of fact based on the
14-6 studies and investigations of the department.
14-7 SECTION 66. Section 61.052, Parks and Wildlife Code, is
14-8 amended to read as follows:
14-9 Sec. 61.052. GENERAL REGULATORY DUTY. (a) The commission
14-10 shall regulate the periods of time when it is lawful to hunt, take,
14-11 or possess game animals, game birds, or aquatic animal life
14-12 [wildlife resources] in or from the places covered by this chapter.
14-13 (b) The commission shall regulate the means, methods,
14-14 [manners,] and places in which it is lawful to hunt, take, or
14-15 possess game animals, game birds, or aquatic animal life [wildlife
14-16 resources] in or from the places covered by this chapter.
14-17 SECTION 67. Section 61.053, Parks and Wildlife Code, is
14-18 amended to read as follows:
14-19 Sec. 61.053. OPEN SEASONS. The commission shall provide
14-20 open seasons for the hunting, taking, or possession of game
14-21 animals, game birds, or aquatic animal life [wildlife resources] if
14-22 its investigations and findings of fact reveal that open seasons
14-23 may be safely provided or if the threat of waste requires an open
14-24 season to conserve game animals, game birds, or aquatic animal life
14-25 [wildlife resources].
14-26 SECTION 68. Section 61.054, Parks and Wildlife Code, is
14-27 amended to read as follows:
14-28 Sec. 61.054. PROCLAMATIONS OF THE COMMISSION. (a)
14-29 Regulation of the hunting, taking, or possession of game animals,
14-30 game birds, or aquatic animal life [wildlife resources] under this
14-31 chapter shall be by proclamation of the commission.
14-32 (b) A proclamation of the commission authorizing the
14-33 hunting, taking, or possession of game animals, game birds, or
14-34 aquatic animal life [wildlife resources] must specify:
14-35 (1) the species, quantity, age or size, and, to the
14-36 extent possible, the sex of the game animals, game birds, or
14-37 aquatic animal life [wildlife resources] authorized to be hunted,
14-38 taken, or possessed;
14-39 (2) the means or [,] method[, or manner] that may be
14-40 used to hunt, take, or possess the game animals, game birds, or
14-41 aquatic animal life [wildlife resources]; and
14-42 (3) the region, county, area, body of water, or
14-43 portion of a county where the game animals, game birds, or aquatic
14-44 animal life [wildlife resources] may be hunted, taken, or
14-45 possessed.
14-46 SECTION 69. Section 61.055(a), Parks and Wildlife Code, is
14-47 amended to read as follows:
14-48 (a) If the commission finds that there is a danger of
14-49 depletion or waste, it shall amend or revoke its proclamations to
14-50 prevent the depletion or waste and to provide to the people the
14-51 most equitable and reasonable privilege to hunt game animals or
14-52 game birds or catch aquatic animal life [pursue, take, possess, and
14-53 kill wildlife resources].
14-54 SECTION 70. Subchapter C, Chapter 61, Parks and Wildlife
14-55 Code, is amended by adding Section 61.058 to read as follows:
14-56 Sec. 61.058. YOUTH HUNTING AND FISHING. (a) The commission
14-57 may provide for special open seasons during which the taking and
14-58 possession of game animals and game birds are restricted to persons
14-59 under 17 years old.
14-60 (b) The commission may provide for special means and methods
14-61 for the taking and possession of aquatic animal life by persons
14-62 under 17 years old.
14-63 SECTION 71. Section 61.101(a), Parks and Wildlife Code, is
14-64 amended to read as follows:
14-65 (a) Before a proclamation of the commission may be adopted,
14-66 the department shall hold public hearings[:]
14-67 [(1)] in the county to be affected by the proclamation
14-68 if the director or the director's [his] designee receives a
14-69 petition for a public hearing signed by not less than 25 persons
15-1 who reside in the county[; and]
15-2 [(2) in at least five locations the director or his
15-3 designee considers necessary to ensure public participation].
15-4 SECTION 72. Section 61.205(d), Parks and Wildlife Code, is
15-5 amended to read as follows:
15-6 (d) The department may authorize the sale, trade, auction,
15-7 or donation of [A person may not sell or trade] a bighorn sheep
15-8 hunting permit if the proceeds of the sale, trade, auction, or
15-9 donation are used to restore, protect, or manage bighorn sheep [for
15-10 anything of value].
15-11 SECTION 73. Section 62.005, Parks and Wildlife Code, is
15-12 amended to read as follows:
15-13 Sec. 62.005. HUNTING WITH LIGHT. [(a)] No person may hunt
15-14 a game [an] animal or bird protected by this code with the aid of
15-15 [a headlight, hunting lamp, or other artificial light, including]
15-16 an artificial light that casts or reflects a beam of light onto or
15-17 otherwise illuminates the game animal or bird, including the
15-18 headlights of [attached to] a motor vehicle.
15-19 [(b) The possession of a headlight or hunting lamp used on
15-20 or about the head when hunting at night between sunset and one-half
15-21 hour before sunrise by a person hunting in an area where deer are
15-22 known to range constitutes prima facie evidence that the person was
15-23 violating this section.]
15-24 SECTION 74. Section 62.014(a)(2), Parks and Wildlife Code,
15-25 is amended to read as follows:
15-26 (2) "Archery equipment" means a long bow, recurved
15-27 bow, or compound bow [that is capable of shooting a hunting arrow
15-28 equipped with a broadhead hunting point for a distance of 130
15-29 yards].
15-30 SECTION 75. Sections 62.014(b), (c), and (d), Parks and
15-31 Wildlife Code, are amended to read as follows:
15-32 (b) The department may establish and administer a statewide
15-33 hunter education program. The program must include but is not
15-34 limited to instruction concerning:
15-35 (1) the safe handling and use of firearms, [and]
15-36 archery equipment, and crossbows;
15-37 (2) wildlife conservation and management;
15-38 (3) hunting laws and applicable rules and regulations;
15-39 and
15-40 (4) hunting safety and ethics, including landowners'
15-41 rights.
15-42 (c) The department shall issue a certificate to a person who
15-43 has successfully completed a hunter education course. The
15-44 department shall prescribe the form of the certificate.
15-45 (d) If funds are available for its implementation the
15-46 commission may establish a mandatory hunter education program and
15-47 may require a person to have successfully completed a training
15-48 course before the person may hunt with firearms, [or] archery
15-49 equipment as defined in Subsection (a) of this section, or
15-50 crossbows in Texas. If the certificate is so required, the person
15-51 must possess the certificate or other evidence of completion of the
15-52 program while hunting with firearms, [or] archery equipment as
15-53 defined in Subsection (a) of this section, or crossbows. The
15-54 commission may provide that residents or nonresidents who have
15-55 successfully completed the same or a comparable hunter education
15-56 course and possess a certificate or other evidence of completion
15-57 have satisfied the requirements imposed under this subsection. The
15-58 commission may establish a minimum age for participation in the
15-59 program. Those persons who cannot participate in the hunter
15-60 education program because they do not meet the minimum age or other
15-61 requirements established by the commission can only hunt with
15-62 firearms, [or] archery equipment as defined in Subsection (a) of
15-63 this section, or crossbows in Texas if they are accompanied by a
15-64 person who is 17 years of age or older and licensed to hunt in
15-65 Texas. Additionally, a person under 17 years of age hunting with a
15-66 person licensed to hunt in Texas who is 17 years of age or older is
15-67 not required to have certification under this Act.
15-68 The commission may implement the program by age group.
15-69 Persons who are 17 years of age or older on September 1, 1988, or
16-1 on the date on which a mandatory hunter education course is
16-2 implemented, whichever is later, are exempt from the requirements
16-3 imposed under this subsection.
16-4 The department is responsible for offering mandatory hunter
16-5 education courses that are accessible to those persons required to
16-6 take this course. To this end, the department shall provide hunter
16-7 education opportunities in each county of the state when a
16-8 substantial number of residents request a class or at least once a
16-9 year.
16-10 SECTION 76. Section 62.021, Parks and Wildlife Code, is
16-11 amended to read as follows:
16-12 Sec. 62.021. SALE OR PURCHASE OF CERTAIN GAME. (a) Except
16-13 as provided by Subsection (c), no [No] person may sell, offer for
16-14 sale, purchase, offer to purchase, or possess after purchase a wild
16-15 bird, [wild] game bird, or [wild] game animal, dead or alive, or
16-16 part of the bird or animal.
16-17 (b) This section applies only to a bird or animal protected
16-18 by this code without regard to whether the bird or animal is taken
16-19 or killed in this state.
16-20 (c) This section does not prohibit the sale of:
16-21 (1) a live game animal, a dead or live game bird, or
16-22 the feathers of a game bird if the sale is conducted under
16-23 authority of a license or permit issued under this code; or
16-24 (2) an inedible part, including the hide, antlers,
16-25 bones, hooves, or sinew of a deer. [Subsection (a) of this section
16-26 does not apply to deer hides.]
16-27 [(d) The commission by proclamation shall authorize and
16-28 regulate the sale, purchase, and possession after purchase of deer
16-29 antlers.]
16-30 SECTION 77. Section 62.029, Parks and Wildlife Code, is
16-31 amended to read as follows:
16-32 Sec. 62.029. RECORDS OF GAME IN COLD STORAGE OR PROCESSING
16-33 FACILITY. (a) As used in this section, "cold storage or
16-34 processing facility" has the meaning assigned by Section 42.001 [a
16-35 "public cold storage plant" is any plant in which game is stored
16-36 for a person other than the owner of the plant].
16-37 (b) The owner, [or] operator, or lessee of a [public] cold
16-38 storage or processing facility [plant] shall maintain a book
16-39 containing a record of:
16-40 (1) the name, address, and hunting license number of
16-41 each person who killed [placing] a game bird or game animal that is
16-42 placed in the facility [storage];
16-43 (2) the name and address of each person who places a
16-44 game bird or game animal in the facility, if different from the
16-45 person who killed the bird or animal;
16-46 (3) the number and kind of game birds or game animals
16-47 placed in the facility [storage]; and
16-48 (4) [(3)] the date on which each game bird or game
16-49 animal is placed in the facility [storage].
16-50 (c) The owner, operator, or lessee shall enter all
16-51 information into the book as required by this section before
16-52 placing in storage or processing any game animal or game bird.
16-53 (d) The cold storage or processing facility record book
16-54 shall be kept at the facility and [by the owner or operator of a
16-55 public cold storage plant] may be inspected by an authorized
16-56 employee of the department during business hours or at any other
16-57 reasonable time.
16-58 (e) Each cold storage or processing facility record book
16-59 shall be kept at the facility until the first anniversary of the
16-60 date of the last entry in the book.
16-61 SECTION 78. Section 62.030, Parks and Wildlife Code, is
16-62 amended to read as follows:
16-63 Sec. 62.030. POSSESSION OF GAME IN COLD STORAGE OR
16-64 PROCESSING FACILITY. A person may place and maintain, or possess,
16-65 in a cold storage or processing facility [public or private storage
16-66 plant, refrigerator, or locker] lawfully [taken or] killed game
16-67 birds and [,] game animals[, waterfowl, or migratory waterfowl] not
16-68 in excess of the number permitted to be possessed by law.
16-69 SECTION 79. Section 62.031, Parks and Wildlife Code, is
17-1 amended to read as follows:
17-2 Sec. 62.031. INSPECTIONS OF [STORAGE] FACILITIES. (a)
17-3 Authorized employees of the department may enter and inspect a
17-4 [public] cold storage or processing facility [plant] or other
17-5 place, including taxidermist shops and tanneries, where protected
17-6 wildlife are stored.
17-7 (b) In this section "protected wildlife" means game animals,
17-8 [and] game birds, [and] nongame animals, and nongame birds that
17-9 are the subject of any protective law or regulation of this state
17-10 or the United States.
17-11 (c) Inspections under this section may be made during normal
17-12 business hours or at any other reasonable time [when the facilities
17-13 are open to the public generally but may include areas within a
17-14 facility not generally open to the public].
17-15 SECTION 80. Section 62.082, Parks and Wildlife Code, is
17-16 amended to read as follows:
17-17 Sec. 62.082. TARGET RANGES AND MANAGED HUNTS. (a) The
17-18 Board of Directors of the Lower Colorado River Authority may lease
17-19 river authority land to be used on a nonprofit basis for a target
17-20 rifle or archery range [only and not for hunting].
17-21 (b) A member of the boy scouts or the girl scouts or other
17-22 nonprofit public service group or organization may possess and
17-23 shoot a firearm, bow, and crossbow for target or instructional
17-24 purposes under the supervision of a qualified instructor registered
17-25 with and approved by the Lower Colorado River Authority on ranges
17-26 designated by the Lower Colorado River Authority. [This subsection
17-27 does not permit hunting by any person.]
17-28 (c) The Board of Directors of the Lower Colorado River
17-29 Authority may authorize lawful hunting on Lower Colorado River
17-30 Authority lands, consistent with sound biological management
17-31 practices.
17-32 (d) Section 62.081 does not apply to an employee of the
17-33 Lower Colorado River Authority, a person authorized to hunt under
17-34 Subsection (c), or a peace officer as defined by Article 2.12, Code
17-35 of Criminal Procedure.
17-36 SECTION 81. Subchapter A, Chapter 63, Parks and Wildlife
17-37 Code, is amended by adding Section 63.002 to read as follows:
17-38 Sec. 63.002. POSSESSION OF LIVE GAME ANIMALS. No person may
17-39 possess a live game animal in this state for any purpose not
17-40 authorized by this code.
17-41 SECTION 82. Section 64.002, Parks and Wildlife Code, is
17-42 amended to read as follows:
17-43 Sec. 64.002. PROTECTION OF NONGAME BIRDS. (a) Except as
17-44 provided by [in this section, Chapter 67, or Section 12.013 of]
17-45 this code, no person may:
17-46 (1) catch, kill, injure, pursue, or possess, dead or
17-47 alive, or purchase, sell, expose for sale, transport, ship, or
17-48 receive or deliver for transportation, a bird that is not a game
17-49 bird;
17-50 (2) possess any part of the plumage, skin, or body of
17-51 a bird that is not a game bird; or
17-52 (3) disturb or destroy the eggs, nest, or young of a
17-53 bird that is not a game bird.
17-54 (b) European starlings, English sparrows, and [grackles,
17-55 ravens, red-winged blackbirds, cowbirds,] feral rock doves (Columba
17-56 livia)[, and crows] may be killed at any time and their nests or
17-57 eggs may be destroyed.
17-58 (c) A permit is not required to control yellow-headed,
17-59 red-winged, rusty, or Brewer's blackbirds or all grackles,
17-60 cowbirds, crows, or magpies when found committing or about to
17-61 commit depredations on ornamental or shade trees, agricultural
17-62 crops, livestock, or wildlife, or when concentrated in numbers and
17-63 in a manner that constitutes a health hazard or other nuisance.
17-64 (d) Canaries, parrots, and other exotic nongame birds may be
17-65 sold, purchased, and kept as domestic pets.
17-66 SECTION 83. Subchapter A, Chapter 64, Parks and Wildlife
17-67 Code, is amended by adding Section 64.007 to read as follows:
17-68 Sec. 64.007. POSSESSION OF LIVE GAME BIRDS. No person may
17-69 possess a live game bird in this state except as authorized by this
18-1 code.
18-2 SECTION 84. Section 64.022, Parks and Wildlife Code, is
18-3 amended to read as follows:
18-4 Sec. 64.022. AUTHORITY OF COMMISSION [DEPARTMENT]. The
18-5 commission [department] shall provide the open season[,] and means,
18-6 methods, and devices for the hunting [taking] and possessing of
18-7 migratory game birds and may delegate that authority to the
18-8 executive director.
18-9 SECTION 85. Sections 64.024(b) and (c), Parks and Wildlife
18-10 Code, are amended to read as follows:
18-11 (b) [A regulation issued by the department must be
18-12 incorporated in the minutes of the meeting at which it was adopted,
18-13 and a copy of the regulation must be filed with the secretary of
18-14 state and each county clerk and county attorney.]
18-15 [(c)] The commission may adopt an emergency regulation
18-16 governing the hunting [taking] or possession of migratory game
18-17 birds if the commission finds that an emergency condition affecting
18-18 the supply or condition of migratory game birds exists.
18-19 SECTION 86. Section 64.026, Parks and Wildlife Code, is
18-20 amended to read as follows:
18-21 Sec. 64.026. PROHIBITED ACTS. No person may hunt or possess
18-22 a migratory game bird by any means or method [or device] except as
18-23 provided by regulation issued under this code [subchapter].
18-24 SECTION 87. Section 65.001, Parks and Wildlife Code, is
18-25 amended to read as follows:
18-26 Sec. 65.001. DEFINITIONS. In this chapter:
18-27 (1) "Alligator" means a living or dead American
18-28 alligator (Alligator mississippiensis).
18-29 (2) ["Alligator buyer" means a person who buys
18-30 alligators, alligator hides, or any part of an alligator.]
18-31 [(3)] "Alligator hunter" means a person who takes an
18-32 alligator, an alligator egg, [dead or live alligators] or any part
18-33 of an alligator.
18-34 (3) [(4)] "Possess" means the act of having in
18-35 possession or control, keeping, detaining, restraining, or holding
18-36 as owner or as agent, bailee, or custodian for another.
18-37 (4) [(5)] "Take" means the act of hooking, netting,
18-38 snaring, trapping, pursuing, shooting, killing, [or] capturing, or
18-39 collecting by any means or device and includes the attempt to take
18-40 by the use of any method.
18-41 (5) [(6)] "Resident" means an individual who has
18-42 resided continuously in this state during the [for more than] six
18-43 months preceding the individual's application [immediately before
18-44 applying] for any [an alligator hunter's or alligator buyer's]
18-45 license or permit issued under this chapter.
18-46 (6) [(7)] "Nonresident" means an individual who is not
18-47 a resident.
18-48 SECTION 88. Section 65.003, Parks and Wildlife Code, is
18-49 amended to read as follows:
18-50 Sec. 65.003. REGULATIONS. (a) The commission may regulate
18-51 by proclamation the taking, possession, propagation,
18-52 transportation, exportation, importation, sale, and offering for
18-53 sale of alligators, alligator eggs, or any part of an alligator
18-54 that the commission considers necessary to manage this species.
18-55 (b) The regulations of the commission under this chapter may
18-56 provide for:
18-57 (1) permit application forms, fees, and procedures;
18-58 (2) hearing procedures;
18-59 (3) the periods of time when it is lawful to take,
18-60 possess, sell, or purchase alligators, alligator hides, alligator
18-61 eggs, or any part of an alligator; [and]
18-62 (4) limits, size, means, methods, [manner,] and places
18-63 in which it is lawful to take or possess alligators, alligator
18-64 hides, alligator eggs, or any part of an alligator; and
18-65 (5) control of nuisance alligators.
18-66 SECTION 89. Section 65.005, Parks and Wildlife Code, is
18-67 amended to read as follows:
18-68 Sec. 65.005. POSSESSION. [(a)] No person may take, sell,
18-69 purchase, or possess an alligator, [the egg of] an alligator egg,
19-1 or any part of an alligator in this state except as permitted by
19-2 the regulations of the commission.
19-3 [(b) This chapter does not prohibit consumers from
19-4 purchasing or possessing goods processed or manufactured from
19-5 alligators that have been taken in accordance with the law.]
19-6 SECTION 90. Section 65.006, Parks and Wildlife Code, is
19-7 amended to read as follows:
19-8 Sec. 65.006. LICENSE REQUIRED. (a) No person may take,
19-9 attempt to take, or possess[, or accompany another person who is
19-10 attempting to take] an alligator in this state [during the open
19-11 season established by the commission for taking alligators] unless
19-12 the person [he] has acquired and possesses an alligator hunter's
19-13 license.
19-14 (b) No [Except as provided by Section 65.005(b) of this
19-15 code, no] person for any purpose may possess, purchase, or possess
19-16 after purchase an alligator, an alligator hide, an alligator egg,
19-17 or any part of an alligator taken in this state unless:
19-18 (1) the person [he] has acquired and possesses a
19-19 permit issued by the department for that purpose; or
19-20 (2) a regulation of the commission otherwise allows
19-21 the possession or purchase without a permit [an alligator buyer's
19-22 license].
19-23 SECTION 91. Section 65.007, Parks and Wildlife Code, is
19-24 amended to read as follows:
19-25 Sec. 65.007. LICENSE FEES. The fees for the licenses issued
19-26 under this chapter are in the following amounts or in amounts set
19-27 by the commission, whichever amounts are more:
19-28 (1) $25 for a resident alligator hunter's license; and
19-29 (2) [$150 for a resident alligator buyer's license;]
19-30 [(3)] $50 for a nonresident alligator hunter's
19-31 license[; and]
19-32 [(4) $300 for a nonresident alligator buyer's
19-33 license].
19-34 SECTION 92. Section 66.002(a), Parks and Wildlife Code, is
19-35 amended to read as follows:
19-36 (a) No person may catch, take, or attempt to catch or take
19-37 any aquatic animal life [fish] by any means or method from [the use
19-38 of a net or seine or explosive or by poisoning, polluting,
19-39 muddying, ditching, or draining in] any privately owned waters
19-40 [lake, pool, or pond] without the consent of the landowner or the
19-41 landowner's agent [owner].
19-42 SECTION 93. Section 66.003(b), Parks and Wildlife Code, is
19-43 amended to read as follows:
19-44 (b) Subsection (a) of this section does not apply to the use
19-45 of explosives necessary for construction purposes when the use is
19-46 authorized in writing by the department [county judge of the county
19-47 where the work is to be done].
19-48 SECTION 94. Section 66.014(a), Parks and Wildlife Code, is
19-49 amended to read as follows:
19-50 (a) No person may transport any aquatic product for
19-51 commercial purposes unless the person clearly identifies the motor
19-52 vehicle, trailer, or semitrailer as a vehicle that carries aquatic
19-53 products. The commission shall prescribe by proclamation the
19-54 identification requirements for a motor vehicle, trailer, or
19-55 semitrailer transporting aquatic products, and the commission may
19-56 prescribe that the identification shall list the state of origin of
19-57 the aquatic products. In this subsection, "motor vehicle,"
19-58 "trailer," and "semitrailer" ["semitrailer,"] have the meanings
19-59 assigned [meaning given those terms] by Section 541.201,
19-60 Transportation Code [the Uniform Act Regulating Traffic on Highways
19-61 (Article 6701d, Vernon's Texas Civil Statutes)].
19-62 SECTION 95. Section 66.015(d), Parks and Wildlife Code, is
19-63 amended to read as follows:
19-64 (d) Subsection (b) of this [This] section does not apply to
19-65 native, nongame fish as defined by the commission, except in waters
19-66 designated by the commission where threatened or endangered fish
19-67 are present.
19-68 SECTION 96. Section 66.109(a), Parks and Wildlife Code, is
19-69 amended to read as follows:
20-1 (a) The department [commissioners court of each county], by
20-2 written order, may require the owner of a public or private dam or
20-3 other obstruction on a regularly flowing public freshwater stream
20-4 to construct or repair fishways or fish ladders sufficient to allow
20-5 fish in all seasons to ascend or descend the dam or other
20-6 obstruction for the purpose of depositing spawn.
20-7 SECTION 97. Section 66.2011, Parks and Wildlife Code, is
20-8 amended to read as follows:
20-9 Sec. 66.2011. RED DRUM AND SPECKLED SEA TROUT: PENALTIES
20-10 [DAILY CATCH AND RETENTION LIMITS]. [(a) No person may:]
20-11 [(1) catch and retain in one day more than 10 red
20-12 drum;]
20-13 [(2) possess at one time more than 20 red drum;]
20-14 [(3) possess at one time more than two red drum longer
20-15 than 35 inches; or]
20-16 [(4) catch and retain a red drum shorter than 14
20-17 inches.]
20-18 [(b) No person may:]
20-19 [(1) catch and retain in one day more than 20 speckled
20-20 sea trout;]
20-21 [(2) possess at one time more than 40 speckled sea
20-22 trout; or]
20-23 [(3) catch and retain a speckled sea trout shorter
20-24 than 12 inches.]
20-25 [(c) Daily catch, retention, and size limits for redfish and
20-26 speckled sea trout set by the commission under the Wildlife
20-27 Conservation Act of 1983 (Chapter 61 of this code) prevail over the
20-28 limits under this section. If the commission does not set catch,
20-29 retention, and size limits for redfish and speckled sea trout under
20-30 the conservation Act, this section applies.]
20-31 [(d)] In addition to the penalty provided in Section 66.218
20-32 [of this code], a person who violates [this section or] a
20-33 proclamation issued under [this section or under] Chapter 61 shall
20-34 have all equipment, other than vessels, in the person's [his]
20-35 possession used for the taking of red drum or speckled sea trout
20-36 confiscated. A person who violates [this section or] a
20-37 proclamation issued under [this section or under] Chapter 61 three
20-38 or more times within a five-year period shall have all equipment,
20-39 including vessels, in the person's [his] possession used for the
20-40 taking of redfish or speckled sea trout confiscated.
20-41 SECTION 98. Sections 66.2012(d)-(f), Parks and Wildlife
20-42 Code, are amended to read as follows:
20-43 (d) A proclamation of the commission under this section
20-44 prevails over any conflicting provision of Section 66.020 [Sections
20-45 66.201 and 66.2011 of this code] to the extent of the conflict and
20-46 only during the period that the proclamation is in effect.
20-47 (e) This section does not apply to activities that are
20-48 regulated under the exceptions provided by Subdivisions (1), (2),
20-49 and (3) of Section 66.020(b) [66.201(e) of this code] or under
20-50 Subsections (f) and (g) of that section.
20-51 (f) A person who violates a proclamation issued under
20-52 Subsection (a) [of this section] is guilty of an offense and is
20-53 punishable for the first and subsequent offenses by the penalties
20-54 prescribed by Sections 66.2011 [66.2011(d)] and 66.218 [of this
20-55 code].
20-56 SECTION 99. Section 67.001, Parks and Wildlife Code, is
20-57 amended to read as follows:
20-58 Sec. 67.001. DEFINITION[; REGULATIONS]. [(a)] In this
20-59 chapter, "nongame" means those species of vertebrate and
20-60 invertebrate wildlife indigenous to Texas[, and elk east of the
20-61 Pecos,] that are not classified as game animals, game birds, game
20-62 fish, fur-bearing animals, endangered species, alligators, marine
20-63 penaeid shrimp, or oysters.
20-64 [(b) The commission by regulation shall establish any
20-65 limitations on the taking, possession, transportation, exportation,
20-66 sale, and offering for sale of nongame fish and wildlife that the
20-67 department considers necessary to manage these species.]
20-68 SECTION 100. Section 67.004, Parks and Wildlife Code, is
20-69 amended to read as follows:
21-1 Sec. 67.004. ISSUANCE OF REGULATIONS. (a) The commission
21-2 by regulation shall establish any limits on the taking, possession,
21-3 propagation, transportation, importation, exportation, sale, or
21-4 offering for sale of nongame fish or wildlife that the department
21-5 considers necessary to manage the species.
21-6 (b) The regulations shall state the name of the species or
21-7 subspecies, by common and scientific name, that the department
21-8 determines to be in need of management under this chapter.
21-9 [(b) The department shall conduct a public hearing on all
21-10 proposed regulations and shall publish notice of the hearing in at
21-11 least three major newspapers of general circulation in this state
21-12 at least one week before the date of the hearing.]
21-13 [(c) The department shall solicit comments on the proposed
21-14 regulations at the public hearing and by other means.]
21-15 [(d) On the basis of the information received at the hearing
21-16 or by other means, the department may modify a proposed regulation.]
21-17 [(e) Regulations become effective 60 days after the date
21-18 they are proposed unless withdrawn by the department.]
21-19 SECTION 101. Section 67.0041, Parks and Wildlife Code, is
21-20 amended to read as follows:
21-21 Sec. 67.0041. REGULATIONS AND PERMITS. (a) The department
21-22 may issue permits for the taking, possession, propagation,
21-23 transportation, sale, importation, or exportation of a nongame
21-24 species of fish or wildlife if necessary to properly manage that
21-25 species.
21-26 (b) The department may charge a fee for a permit issued
21-27 under this section [for a commercial activity]. The fee shall be
21-28 set by the commission.
21-29 SECTION 102. Sections 68.014 and 68.015, Parks and Wildlife
21-30 Code, are amended to read as follows:
21-31 Sec. 68.014. REGULATIONS. The department shall make
21-32 regulations necessary to administer the provisions of this chapter
21-33 and to attain its objectives, including regulations to govern:
21-34 (1) permit application forms, fees, and procedures;
21-35 (2) hearing procedures;
21-36 (3) procedures for identifying endangered fish and
21-37 wildlife or goods made from endangered fish or wildlife which may
21-38 be possessed, propagated, or sold under this chapter; [and]
21-39 (4) publication and distribution of lists of species
21-40 and subspecies of endangered fish or wildlife and their products;
21-41 and
21-42 (5) limitations on the capture, trapping, taking, or
21-43 killing, or attempting to capture, trap, take, or kill, and the
21-44 possession, transportation, exportation, sale, and offering for
21-45 sale of endangered species.
21-46 Sec. 68.015. PROHIBITED ACTS. (a) No person may capture,
21-47 trap, take, or kill, or attempt to capture, trap, take, or kill,
21-48 endangered fish or wildlife.
21-49 (b) No person may possess, sell, distribute, or offer or
21-50 advertise for sale endangered fish or wildlife unless the fish or
21-51 wildlife have been lawfully born and raised in captivity for
21-52 commercial purposes under the provisions of this chapter.
21-53 (c) [(b)] No person may possess, sell, distribute, or offer
21-54 or advertise for sale any goods made from endangered fish or
21-55 wildlife unless:
21-56 (1) the goods were made from fish or wildlife that
21-57 were born and raised in captivity for commercial purposes under the
21-58 provisions of this chapter; or
21-59 (2) the goods were made from fish or wildlife lawfully
21-60 taken in another state and the person presents documented evidence
21-61 to the department to substantiate that fact.
21-62 (d) [(c)] No person may sell, advertise, or offer for sale
21-63 any species of fish or wildlife not classified as endangered under
21-64 the name of any endangered fish or wildlife.
21-65 SECTION 103. Sections 71.005(b)-(d), Parks and Wildlife
21-66 Code, are amended to read as follows:
21-67 (b) Except as provided by commission regulation, no [No]
21-68 person may purchase, [or] possess after purchase, or transport for
21-69 commercial purposes a pelt or carcass taken in this state unless
22-1 the person [he] has acquired and possesses a retail fur buyer's or
22-2 wholesale fur dealer's license.
22-3 (c) No person may capture [take] or possess a live
22-4 fur-bearing animal for any [the] purpose, except as otherwise
22-5 authorized by this code, [of propagation or sale] unless he has
22-6 acquired and possesses a fur-bearing animal propagation license.
22-7 (d) A person who possesses a hunting license [and is engaged
22-8 in a lawful hunting activity for any species other than fur-bearing
22-9 animals] may take and possess a fur-bearing animal if:
22-10 (1) neither the fur-bearing animal nor any part of
22-11 that animal is taken for the purpose of sale, barter, or exchange;
22-12 and
22-13 (2) the number of fur-bearing animals taken does not
22-14 exceed the daily bag limit or possession limit set by commission
22-15 regulation.
22-16 SECTION 104. Section 76.1031(b), Parks and Wildlife Code, is
22-17 amended to read as follows:
22-18 (b) All licenses issued under the authority of this chapter
22-19 [Chapter 76 of this code] may not be transferred to another person
22-20 or vessel except as provided by this subsection. A license issued
22-21 under the authority of Section 76.101(c) may be transferred to
22-22 another vessel or to a new owner of the same vessel. The
22-23 commission, by regulation, may prescribe requirements necessary to
22-24 clarify license transfer procedures and may prescribe, by
22-25 regulation, forms to be used and fees to be charged for transfer of
22-26 licenses in this chapter and for duplicate license plates or
22-27 duplicate or replacement licenses.
22-28 SECTION 105. Section 76.116, Parks and Wildlife Code, is
22-29 amended to read as follows:
22-30 Sec. 76.116. OYSTERS FROM RESTRICTED [POLLUTED] AREAS.
22-31 (a) There is no open season for taking oysters from areas closed
22-32 [declared to be polluted] by the Texas [State] Department of
22-33 Health[, and a person who takes oysters from such an area violates
22-34 Section 76.108(a) of this code].
22-35 (b) The department may authorize by permit the transplanting
22-36 of oysters from restricted areas or other areas designated by the
22-37 department [polluted areas] to private oyster leases.
22-38 (c) A person removing oysters from a restricted area or
22-39 other area designated by the department [polluted areas] without a
22-40 permit shall replace the oysters in the beds from which they were
22-41 taken as directed by authorized employees of the department.
22-42 SECTION 106. Section 77.020, Parks and Wildlife Code, is
22-43 amended to read as follows:
22-44 Sec. 77.020. PENALTY. (a) A person who violates a provision
22-45 of this chapter except Section 77.024 or 77.061(a)(1) or who
22-46 violates a regulation adopted under this chapter [of this code]
22-47 commits an offense that is a Class C Parks and Wildlife Code
22-48 misdemeanor.
22-49 (b) If it is shown at the trial of the defendant that the
22-50 person [he] has been convicted once within five years before the
22-51 trial date of a violation of a provision of this chapter except
22-52 Section 77.024 or 77.061(a)(1) [of this code], or of a regulation
22-53 adopted under this chapter, the person [he] is guilty of a Class B
22-54 Parks and Wildlife Code misdemeanor.
22-55 (c) If it is shown at the trial of the defendant that the
22-56 person [he] has been convicted two or more times within five years
22-57 before the trial date of a violation of a provision of this
22-58 chapter except Section 77.024 or 77.061(a)(1) [of this code], or of
22-59 a regulation adopted under this chapter, the person [he] is guilty
22-60 of a Class A Parks and Wildlife Code misdemeanor.
22-61 SECTION 107. Section 77.0361, Parks and Wildlife Code, is
22-62 amended by amending Subsection (b) and adding Subsection (c) to
22-63 read as follows:
22-64 (b) All licenses issued under the authority of this chapter
22-65 [Chapter 77 of this code] may not be transferred to another person
22-66 or vessel except as provided by Subsection (c) [this subsection] or
22-67 by Section 77.113. A license issued under the authority of
22-68 Section 77.043 in the name of a business remains valid for the
22-69 business location specified on the license if a change of ownership
23-1 or business name occurs. A license issued under the authority of
23-2 Section 77.035 may be transferred to another vessel or to the new
23-3 owner of the same vessel.
23-4 (c) The commission, by regulation [rule], may prescribe
23-5 requirements necessary for license transfers and may prescribe, by
23-6 regulation [rule], forms to be used and fees to be charged for
23-7 transfers of licenses in this chapter, [and] for duplicate license
23-8 plates, or for [and/or] duplicate or replacement licenses.
23-9 SECTION 108. Section 77.037, Parks and Wildlife Code, is
23-10 amended to read as follows:
23-11 Sec. 77.037. TRANSFER OF LICENSE. A commercial gulf shrimp
23-12 boat license issued under this subchapter may be transferred on the
23-13 application of the licensee from a boat that has been destroyed or
23-14 lost to a boat acquired by the licensee as a replacement. The
23-15 commission, by regulation, may prescribe requirements necessary to
23-16 clarify license transfer procedures and may prescribe, by
23-17 regulation, forms to be used and fees to be charged for transfer of
23-18 licenses authorized by this subsection.
23-19 SECTION 109. Section 77.044(b), Parks and Wildlife Code, is
23-20 amended to read as follows:
23-21 (b) A bait-shrimp dealer's license may not be held by a
23-22 person who also holds a wholesale fish dealer's [shrimp house
23-23 operator's] license.
23-24 SECTION 110. The heading to Subchapter E, Chapter 81, Parks
23-25 and Wildlife Code, is amended to read as follows:
23-26 SUBCHAPTER E. WILDLIFE MANAGEMENT AREAS AND PUBLIC HUNTING LANDS
23-27 SECTION 111. Section 81.402, Parks and Wildlife Code, is
23-28 amended to read as follows:
23-29 Sec. 81.402. REGULATION OF HUNTING AND FISHING. (a) The
23-30 executive director [department] may prohibit hunting and fishing in
23-31 wildlife [game] management areas or public hunting lands to protect
23-32 any species of wildlife or fish.
23-33 (b) [The department from time to time, as sound biological
23-34 management permits, and until August 31, 1995, may allow open
23-35 seasons for hunting and fishing.]
23-36 [(c)] During an open season in wildlife management areas or
23-37 public hunting lands, the executive director [department] may
23-38 prescribe the number, kind, sex, and size of game or fish that may
23-39 be taken.
23-40 (c) [(d)] The executive director [department] may prescribe
23-41 the means, methods, and conditions for the taking of game or fish
23-42 during an open season in wildlife management areas or public
23-43 hunting lands.
23-44 (d) As [(e) After August 31, 1995, and as] sound biological
23-45 management permits, the commission may [only] prescribe an open
23-46 season for hunting after it has established a classification system
23-47 for such areas in accordance with Section 13.001(b) [of this code].
23-48 SECTION 112. Section 81.403, Parks and Wildlife Code, is
23-49 amended by amending Subsection (a) and adding Subsection (e) to
23-50 read as follows:
23-51 (a) Except as provided in Subsections [Subsection] (b) and
23-52 (e) [of this section], permits for hunting of wildlife or for any
23-53 other use in wildlife [on game] management areas shall be issued
23-54 by the department to applicants by means of a fair method of
23-55 distribution subject to limitations on the maximum number of
23-56 permits to be issued.
23-57 (e) The department may authorize and accept multiple
23-58 applications for special hunting permits, programs, packages, or
23-59 events.
23-60 SECTION 113. Section 47.02(c), Penal Code, is amended to
23-61 read as follows:
23-62 (c) It is a defense to prosecution under this section that
23-63 the actor reasonably believed that the conduct:
23-64 (1) was permitted under the Bingo Enabling Act
23-65 (Article 179d, Vernon's Texas Civil Statutes);
23-66 (2) was permitted under the Charitable Raffle Enabling
23-67 Act (Article 179f, Revised Statutes);
23-68 (3) consisted entirely of participation in the state
23-69 lottery authorized by the State Lottery Act (Chapter 466,
24-1 Government Code);
24-2 (4) was permitted under the Texas Racing Act (Article
24-3 179e, Vernon's Texas Civil Statutes); or
24-4 (5) consisted entirely of participation in a drawing
24-5 for the opportunity to participate in a hunting, fishing, or other
24-6 recreational event conducted by [privileges authorized under] the
24-7 Parks and Wildlife Department [Code].
24-8 SECTION 114. The following provisions of the Parks and
24-9 Wildlife Code are repealed: Sections 11.0161(b), 12.004(a), 12.007,
24-10 12.012, 12.014, 12.016, 12.022, 12.023, 12.111, 13.0011, 13.0012,
24-11 and 13.111; Subchapter E, Chapter 23; Sections 41.001, 41.002,
24-12 41.007, 43.046, 43.048, 43.0485, 43.0761, 43.0765, 44.0135, 46.107,
24-13 47.036, 49.004, 49.0045, 49.0047, 49.005-49.009, 49.013, 61.004,
24-14 61.105, 61.203, 62.027, 62.028, 66.112, 66.302, 76.010, 76.011,
24-15 76.013, 76.014, 76.018, 76.034, 76.105, 76.108, 76.110, 76.111,
24-16 76.112(a), 76.113, 77.001(9), 77.005, 77.012, 77.013,
24-17 77.016-77.019, 77.038, 77.041, 77.042, 77.047, 77.063(a),
24-18 77.064-77.070; Subchapter E, Chapter 77; Sections 81.002 and
24-19 81.201-81.205; Subchapter A, Chapter 82; Subchapter A, Chapter
24-20 114; Subchapter A, Chapter 130; Subchapter A, Chapter 131;
24-21 Subchapter A, Chapter 134; Subchapter A, Chapter 136; Subchapter A,
24-22 Chapter 143; Subchapter A, Chapter 192; Subchapter A, Chapter 202;
24-23 Subchapter A, Chapter 216; Subchapters A and B, Chapter 223;
24-24 Section 223.022; Subchapter A, Chapter 237; Subchapters A and D,
24-25 Chapter 246; Subchapter A, Chapter 258; Subchapter A, Chapter 272;
24-26 Subchapter A, Chapter 283; Section 355.003; and Chapters 101-113,
24-27 115-129, 132, 133, 135, 137-142, 144-191, 193-201, 203-215,
24-28 217-222, 224-236, 238-245, 247-257, 259-271, 273-282, and 284-354.
24-29 SECTION 115. This Act takes effect September 1, 1997.
24-30 SECTION 116. (a) A change in law made by this Act that
24-31 relates to an offense or penalty applies only to an offense
24-32 committed on or after September 1, 1997. For purposes of this
24-33 section, an offense is committed before September 1, 1997, if any
24-34 element of the offense occurs before that date.
24-35 (b) An offense committed before September 1, 1997, is
24-36 covered by the law in effect when the offense was committed, and
24-37 the former law is continued in effect for that purpose.
24-38 SECTION 117. A rule adopted by the Parks and Wildlife
24-39 Commission before September 1, 1997, is not invalid because the
24-40 rule conflicts with a provision of the Parks and Wildlife Code that
24-41 was in effect at the time the rule was adopted and that is repealed
24-42 by this Act. A rule adopted before September 1, 1997, that
24-43 conflicts with a provision in effect at the time the rule was
24-44 adopted and repealed by this Act may not take effect before
24-45 September 1, 1997.
24-46 SECTION 118. The importance of this legislation and the
24-47 crowded condition of the calendars in both houses create an
24-48 emergency and an imperative public necessity that the
24-49 constitutional rule requiring bills to be read on three several
24-50 days in each house be suspended, and this rule is hereby suspended.
24-51 * * * * *