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                                 * * * * *