By Brown S.B. No. 1322
75R3690 MI-F
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the regulation of parks and wildlife; providing
1-3 penalties.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 1.012, Parks and Wildlife Code, is
1-6 amended to read as follows:
1-7 Sec. 1.012. PUBLIC [PRIVATE] FRESH WATER. Any public
1-8 freshwater lake, river, creek, or bayou in this state contained in
1-9 any survey of private land may not be sold but shall remain open to
1-10 the public. The [If the] Parks and Wildlife Department [stocks the
1-11 water with fish, it] is authorized to protect the fish in public
1-12 waters under rules as it may prescribe.
1-13 SECTION 2. Section 1.101(1), Parks and Wildlife Code, is
1-14 amended to read as follows:
1-15 (1) "Hunt" means capture, trap, [seek or pursue with
1-16 intent to] take, or kill, or [and includes take, kill, and] an
1-17 attempt to capture, trap, take, or kill.
1-18 SECTION 3. Subchapter B, Chapter 11, Parks and Wildlife
1-19 Code, is amended by adding Section 11.0181 to read as follows:
1-20 Sec. 11.0181. EMPLOYEES AS EDUCATORS AND OUTREACH
1-21 PROPONENTS. (a) Employees of the department through education and
1-22 outreach shall:
1-23 (1) expand the wise use and conservation of fish and
1-24 wildlife resources; and
2-1 (2) increase the participation in outdoor recreation.
2-2 (b) The department may use money from any of the
2-3 department's special accounts to pay for education and outreach
2-4 activities performed by department employees or to provide grants
2-5 for education and outreach activities to be performed by other
2-6 entities.
2-7 SECTION 4. Section 11.027, Parks and Wildlife Code, is
2-8 amended by adding Subsection (e) to read as follows:
2-9 (e) The commission by rule may establish and provide for the
2-10 collection of a fee for entering, reserving, or using a facility or
2-11 property owned or managed by the department.
2-12 SECTION 5. Subchapter B, Chapter 11, Parks and Wildlife
2-13 Code, is amended by adding Section 11.0272 to read as follows:
2-14 Sec. 11.0272. PUBLIC FISHING AND SPECIAL EVENTS DRAWING;
2-15 FEES. (a) The department may conduct public drawings to select
2-16 applicants for public fishing or other special events privileges.
2-17 The department may charge each person who participates in the
2-18 drawing a nonrefundable participation fee in addition to any fee
2-19 for issuing a permit or fishing license. The participation fee
2-20 shall be set by the commission in an amount sufficient to pay the
2-21 costs of operating the drawing.
2-22 (b) The commission may approve participation fees, not to
2-23 exceed $25 per species or event for each participant on an
2-24 application, in drawings for special fishing or other special
2-25 programs, packages, or events the costs of which exceed the costs
2-26 of operating the drawing only if the receipts from fees charged are
2-27 designated for use in the management and restoration efforts of the
3-1 specific fishery or resource program implementing each special
3-2 fishing or other special program, package, or event.
3-3 SECTION 6. Section 11.033, Parks and Wildlife Code, is
3-4 amended to read as follows:
3-5 Sec. 11.033. Use of Game, Fish, and Water Safety Account.
3-6 Money in the game, fish, and water safety account may be used for
3-7 the following purposes:
3-8 (1) enforcement of fish, shrimp, and oyster laws, game
3-9 laws, and laws pertaining to sand, shell, and gravel;
3-10 (2) dissemination of information pertaining to marine
3-11 life, wild animal life, wildlife values, and wildlife management;
3-12 (3) scientific investigation and survey of marine life
3-13 for the better protection and conservation of marine life;
3-14 (4) establishment and maintenance of fish hatcheries,
3-15 fish sanctuaries, tidal water fish passes, wildlife management
3-16 areas, and public hunting grounds;
3-17 (5) propagation and distribution of marine life, game
3-18 animals, and wild birds;
3-19 (6) protection of wild birds, fish, and game;
3-20 (7) purchase, repair, and operation of boats and
3-21 dredges;
3-22 (8) research, management, and protection of the fish
3-23 and wildlife resources of this state, including alligators and
3-24 fur-bearing animals;
3-25 (9) salaries of employees and other expenses necessary
3-26 to carry out the duties of the department under laws relating to
3-27 fish, shrimp, oysters, game, water safety, and sand, shell, and
4-1 gravel;
4-2 (10) expansion and development of additional
4-3 opportunities of hunting and fishing in state-owned land and water;
4-4 (11) removing rough fish from public water;
4-5 (12) [construction and maintenance of artificial reefs
4-6 under Section 12.016 of this code;]
4-7 [(13)] administration and enforcement of the water
4-8 safety laws as set out in Chapter 31 [of this code];
4-9 (13) [(14)] purchasing all necessary forms and
4-10 supplies, including reimbursement of the department for any
4-11 material produced by its existing facilities or work performed by
4-12 other divisions of the department;
4-13 (14) [(15)] purchase, construction, and maintenance of
4-14 boat ramps on or near public waters as provided in Chapter 31 [of
4-15 this code];
4-16 (15) [(16)] resource protection activities; and
4-17 (16) [(17)] any other use provided by law.
4-18 SECTION 7. Section 12.010, Parks and Wildlife Code, is
4-19 amended to read as follows:
4-20 Sec. 12.010. NOXIOUS VEGETATION PROGRAM. The department may
4-21 contract with a person not employed by the department or use the
4-22 services of department personnel for the control [eradication] of
4-23 noxious vegetation in [from] the water of this state.
4-24 SECTION 8. Section 12.013, Parks and Wildlife Code, is
4-25 amended to read as follows:
4-26 Sec. 12.013. POWER TO TAKE WILDLIFE. An employee of the
4-27 [The] department acting within the scope of the employee's
5-1 authority may take, transport, release, and manage any of the
5-2 wildlife and fish in this state for investigation, propagation,
5-3 distribution, education, or scientific purposes. [It is a defense
5-4 in any prosecution of an employee of the department for a
5-5 violation of any law for the protection of wildlife or fish that
5-6 the employee was acting within the scope of this authority.]
5-7 SECTION 9. Sections 12.114(b) and (c), Parks and Wildlife
5-8 Code, are amended to read as follows:
5-9 (b) If the person is a resident as defined by Subdivision
5-10 (1) of Section 42.001 of this code, "driver's license" and
5-11 "personal identification certificate" have the meanings assigned
5-12 [provided] by Chapter 521, Transportation Code [Subdivisions (1)
5-13 and (4), Section 1, Chapter 173, Acts of the 47th Legislature,
5-14 Regular Session, 1941 (Article 6687b, Vernon's Texas Civil
5-15 Statutes)].
5-16 (c) If the person is a nonresident as defined by
5-17 [Subdivision (3) of] Section 42.001 [of this code], "driver's
5-18 license" and "personal identification certificate" mean those
5-19 documents that are similar to those defined in Subsection (b) [of
5-20 this section] and that are issued by the agency in the state or
5-21 country of which the person is a resident that is authorized to
5-22 issue driver's licenses or personal identification certificates.
5-23 SECTION 10. Section 12.404, Parks and Wildlife Code, is
5-24 amended to read as follows:
5-25 Sec. 12.404. CLASS A PARKS AND WILDLIFE CODE MISDEMEANOR.
5-26 An individual adjudged guilty of a Class A Parks and Wildlife Code
5-27 misdemeanor shall be punished by:
6-1 (1) a fine of not less than $500 nor more than $4,000
6-2 [$2,000];
6-3 (2) confinement in jail for a term not to exceed one
6-4 year; or
6-5 (3) both such fine and imprisonment.
6-6 SECTION 11. Section 12.405, Parks and Wildlife Code, is
6-7 amended to read as follows:
6-8 Sec. 12.405. CLASS B PARKS AND WILDLIFE CODE MISDEMEANOR.
6-9 An individual adjudged guilty of a Class B Parks and Wildlife Code
6-10 misdemeanor shall be punished by:
6-11 (1) a fine of not less than $200 nor more than $2,000
6-12 [$1,000];
6-13 (2) confinement in jail for a term not to exceed 180
6-14 days; or
6-15 (3) both such fine and imprisonment.
6-16 SECTION 12. Section 12.407, Parks and Wildlife Code, is
6-17 amended to read as follows:
6-18 Sec. 12.407. PARKS AND WILDLIFE CODE FELONY. (a) An
6-19 individual adjudged guilty of a Parks and Wildlife Code felony
6-20 shall be punished by confinement in the institutional division of
6-21 the Texas Department of Criminal Justice [Corrections] for any term
6-22 of not more than 10 years or less than two years.
6-23 (b) In addition to imprisonment, an individual adjudged
6-24 guilty of a Parks and Wildlife Code felony may be punished by a
6-25 fine of not less than $2,000 nor more than $10,000 [$5,000].
6-26 SECTION 13. Section 12.409, Parks and Wildlife Code, is
6-27 amended to read as follows:
7-1 Sec. 12.409. SEPARATE OFFENSES. Each fish, bird, animal,
7-2 reptile, or amphibian or part of a fish, bird, animal, reptile, or
7-3 amphibian taken, possessed, killed, left to die, imported,
7-4 exported, offered for sale, sold, purchased, attempted to be
7-5 purchased, or retained in violation of any provision of this code
7-6 or a proclamation or regulation adopted under this code constitutes
7-7 a separate offense.
7-8 SECTION 14. Section 12.505, Parks and Wildlife Code, is
7-9 amended to read as follows:
7-10 Sec. 12.505. VIOLATION OF SUSPENSION OR REVOCATION. A
7-11 person who engages in an activity requiring a permit or license
7-12 during the time for which such license or permit has been suspended
7-13 or revoked commits an offense that is a Class A Parks and Wildlife
7-14 Code misdemeanor.
7-15 SECTION 15. Section 13.001(b), Parks and Wildlife Code, is
7-16 amended to read as follows:
7-17 (b) The commission shall establish a classification system
7-18 for state parks and wildlife management areas that categorizes
7-19 wildlife management areas, parks, or a portion of parks as wildlife
7-20 [game] management areas, recreational areas, natural areas, or
7-21 historical areas.
7-22 SECTION 16. Section 13.016(b), Parks and Wildlife Code, is
7-23 amended to read as follows:
7-24 (b) Convicts working in connection with lands under the
7-25 control or jurisdiction of the department [a state park] remain
7-26 under the control of the Texas Department [Board] of Criminal
7-27 Justice [Corrections] and are considered as serving their terms in
8-1 the penitentiary.
8-2 SECTION 17. Section 13.019, Parks and Wildlife Code, is
8-3 amended to read as follows:
8-4 Sec. 13.019. FACILITY [CAMPSITE] RESERVATION FEE. The
8-5 department may permit the advance reservation of a facility,
8-6 lodging, or campsite at a state park and require the payment of a
8-7 fee by a person making the reservation. [If the reservation is
8-8 cancelled by 72 hours prior to the day the site is first to be
8-9 occupied under the reservation, the reservation fee shall be
8-10 refunded. If the reservation is confirmed by the person's arriving
8-11 at the park, the reservation fee shall be applied to the first
8-12 day's user fee. No user fee may be required in advance as part of
8-13 the reservation procedure.]
8-14 SECTION 18. Section 13.106, Parks and Wildlife Code, is
8-15 amended to read as follows:
8-16 Sec. 13.106. PUBLIC AVAILABILITY [POSTING] OF REGULATIONS.
8-17 All specific or general regulations applying to a state park,
8-18 historic site, scientific area, or fort [must be posted in a
8-19 conspicuous place at the park, site, or fort. A copy of the
8-20 regulations] shall be made available on request to persons using
8-21 the park, site, area, or fort.
8-22 SECTION 19. The heading to Chapter 23, Parks and Wildlife
8-23 Code, is amended to read as follows:
8-24 CHAPTER 23. NATIONAL PARKS, NATIONAL SEASHORES, AND
8-25 OTHER FEDERAL LANDS [FORESTS]
8-26 SECTION 20. Subchapter D, Chapter 23, Parks and Wildlife
8-27 Code, is amended to read as follows:
9-1 SUBCHAPTER D. FEDERAL LANDS [DAVY CROCKETT NATIONAL FOREST]
9-2 Sec. 23.041. AGREEMENTS FOR WILDLIFE MANAGEMENT. [(a)] The
9-3 department may agree with the proper agency of the United States
9-4 for the protection and management of wildlife resources and for
9-5 restocking desirable species of wildlife on federal lands in the
9-6 state [in portions of the Davy Crockett National Forest, in Houston
9-7 and Trinity counties, that can be designated by a natural
9-8 boundary. A natural boundary may be a road, lake, stream, canyon,
9-9 rock, bluff, island, or other natural feature].
9-10 [(b) No agreement under this section may cover more than
9-11 40,000 acres at any one time during any five-year period.]
9-12 Sec. 23.042. WILDLIFE RESOURCES DEFINED. In this
9-13 subchapter, "wildlife resources" means all wild [kinds of] birds,
9-14 wild animals, and aquatic animal life [fish].
9-15 Sec. 23.043. HUNTING AND FISHING REGULATIONS. The
9-16 commission, under Chapter 61 or Subchapter E, Chapter 81, may
9-17 provide for open seasons for hunting and fishing on federal lands
9-18 for which the department has entered into a wildlife management
9-19 agreement under this subchapter [promulgate regulations applicable
9-20 to the Davy Crockett National Forest, in Houston and Trinity
9-21 counties, to:]
9-22 [(1) prohibit hunting and fishing for periods of time
9-23 as necessary to protect wildlife;]
9-24 [(2) provide open seasons for hunting and fishing;]
9-25 [(3) provide limitations on the number, size, kind,
9-26 and sex of wildlife that may be taken; and]
9-27 [(4) prescribe the conditions under which wildlife may
10-1 be taken].
10-2 Sec. 23.044. PENALTY. A person who violates any rule or
10-3 regulation of the commission adopted under this subchapter or who
10-4 hunts or fishes on federal lands included in a wildlife management
10-5 agreement under this subchapter [in the Davy Crockett National
10-6 Forest] at any time other than the open season commits an offense
10-7 that is a Class C Parks and Wildlife Code misdemeanor.
10-8 SECTION 21. Section 31.003(1), Parks and Wildlife Code, is
10-9 amended and Section 31.003(14), Parks and Wildlife Code, as amended
10-10 by Chapters 450 and 739, Acts of the 73rd Legislature, Regular
10-11 Session, 1993, is amended and reenacted to read as follows:
10-12 (1) "Boat" means a vessel not more than 65 feet in
10-13 length, measured from end to end over the deck, excluding sheer[,
10-14 and manufactured or used primarily for noncommercial use].
10-15 (14) "Personal watercraft" means [a vessel of] a type
10-16 of motorboat that [which] is specifically designed to be operated
10-17 by a person or persons sitting, standing, or kneeling on the vessel
10-18 rather than in the conventional manner of sitting or standing
10-19 inside the vessel.
10-20 SECTION 22. Section 31.004, Parks and Wildlife Code, is
10-21 amended to read as follows:
10-22 Sec. 31.004. APPLICATION OF CHAPTER. The provisions of this
10-23 chapter apply to all public water of this state and to all
10-24 watercraft [navigated or moving] on the public water. Privately
10-25 owned water is not subject to the provisions of this chapter.
10-26 SECTION 23. Section 31.021(b), Parks and Wildlife Code, is
10-27 amended to read as follows:
11-1 (b) No person may operate or give permission for the
11-2 operation of any vessel, or dock, moor, or store a vessel owned by
11-3 the person, on the water of this state unless:
11-4 (1) the vessel is numbered as required by this
11-5 chapter;
11-6 (2) [, unless] the certificate of number awarded to
11-7 the vessel is in full force and effect;[,] and
11-8 (3) [unless] the identifying number set forth in the
11-9 certificate is properly displayed on each side of the bow of the
11-10 vessel.
11-11 SECTION 24. Section 31.129(a), Parks and Wildlife Code, is
11-12 amended to read as follows:
11-13 (a) A person who violates or fails to comply with a rule of
11-14 the Texas Natural Resource Conservation Commission [Department of
11-15 Water Resources] concerning the disposal of sewage from boats
11-16 commits an offense that is a Class C Parks and Wildlife Code
11-17 misdemeanor. A separate offense is committed each day a violation
11-18 continues.
11-19 SECTION 25. Section 41.003(b), Parks and Wildlife Code, is
11-20 amended to read as follows:
11-21 (b) An agreement must provide that a resident [residents] of
11-22 the border state who has [have] a [commercial or] sport fishing
11-23 license or a hunting license issued by the border state may fish or
11-24 hunt migratory waterfowl on rivers and lakes of the common border,
11-25 and a Texas resident [residents] holding a Texas license is
11-26 [licenses are] extended equal privileges. A person who holds a
11-27 nonresident sport fishing license or a nonresident hunting license
12-1 issued by this state or a border state may be extended the same
12-2 privileges as those extended a resident license holder under this
12-3 subsection.
12-4 SECTION 26. Section 41.004, Parks and Wildlife Code, is
12-5 amended to read as follows:
12-6 Sec. 41.004. RECIPROCAL AGREEMENTS PROCLAIMED. An [The
12-7 commission may approve any] agreement under Section 41.003 is not
12-8 effective until the commission [of this code] by proclamation has
12-9 approved it. [A proclamation becomes effective 30 days after the
12-10 day it is issued or 30 days after the agreement has been lawfully
12-11 accepted by the bordering state, whichever is later.]
12-12 SECTION 27. Section 41.006(c), Parks and Wildlife Code, is
12-13 amended to read as follows:
12-14 (c) Regulations adopted by the commission or issued by the
12-15 director, when authorized by the commission to issue regulations,
12-16 take effect 20 [30] days after their adoption or issuance or as
12-17 otherwise specified in the regulations.
12-18 SECTION 28. Section 42.001, Parks and Wildlife Code, is
12-19 amended to read as follows:
12-20 Sec. 42.001. DEFINITIONS. In this chapter:
12-21 (1) "Resident" means:
12-22 (A) an individual who has resided continuously
12-23 in this state for more than six months immediately before applying
12-24 for a hunting license;
12-25 (B) a member of the United States armed forces
12-26 on active duty;
12-27 (C) a dependent of a member of the United States
13-1 armed forces on active duty; or
13-2 (D) a member of any other category of
13-3 individuals that the commission by regulation designates as
13-4 residents.
13-5 (2) "Nonresident" means an individual who is not a
13-6 resident.
13-7 (3) "Carcass" means the [dead] body of a dead deer or
13-8 antelope, as listed in Section 63.001(a), that has not been
13-9 processed more than by quartering [minus the offal and inedible
13-10 organs, or the trunk with the limbs and head attached, with or
13-11 without the hide].
13-12 (4) "Final destination, [destination]" for a carcass
13-13 or wild turkey or any part of a carcass or wild turkey, means:
13-14 (A) the permanent residence of the hunter;
13-15 (B) [,] the permanent residence of any other
13-16 person receiving the carcass or wild turkey or the part of a
13-17 carcass or wild turkey; [a dead wild turkey, deer carcass, or any
13-18 part of a deer carcass,] or
13-19 (C) a cold storage or [commercial] processing
13-20 facility [plant after the carcass or turkey has been finally
13-21 processed].
13-22 (5) "Final processing," for a carcass or wild turkey,
13-23 means the cleaning of the dead animal for cooking or storage
13-24 purposes. For a carcass, the term also includes the processing of
13-25 the animal more than by quartering.
13-26 (6) "Cold storage or processing facility" means a
13-27 stationary facility designed and constructed to store or process
14-1 game animals and game birds.
14-2 (7) "Wildlife resource document" means a document
14-3 issued by the department, other than a tag or permit, that allows a
14-4 person to give, leave, receive, or possess any species of legally
14-5 taken game bird or game animal, or part of a legally taken game
14-6 bird or game animal, if the game bird or game animal is otherwise
14-7 required to have a tag or permit attached or is protected by a bag
14-8 or possession limit.
14-9 (8) "Quartering" means the division of an animal into
14-10 not more two hindquarters each having the leg bone attached to the
14-11 hock and two forequarters each having the leg portion to the knee
14-12 attached to the shoulder blade. The term also includes removal of
14-13 two back straps and trimmings from the neck and rib cage.
14-14 SECTION 29. Section 42.018, Parks and Wildlife Code, is
14-15 amended by amending Subsections (a) and (c) and adding Subsections
14-16 (d)-(g) to read as follows:
14-17 (a) Except as provided by Subsection (d), no [No] person may
14-18 possess the carcass or any part of the carcass of a [wild] deer [at
14-19 any time] before the carcass has been finally processed at a [and
14-20 delivered to the] final destination unless there is attached to
14-21 the carcass or part of the carcass a properly executed deer tag
14-22 from a hunting license provided by the department and issued to the
14-23 person who killed the deer.
14-24 (c) If the deer's head is severed from the carcass, the
14-25 properly executed tag must remain with the carcass.
14-26 (d) A wildlife resource document completed by the person who
14-27 killed the deer must accompany the head or other part of the deer
15-1 not accompanied by a tag if at any time before the carcass is
15-2 finally processed the head or other part of the deer no longer
15-3 accompanies the carcass. If a portion of the carcass is divided
15-4 among persons and separated and the person who killed the deer
15-5 retains a portion of the carcass, that person shall retain the tag
15-6 with the portion of the carcass retained by that person. If the
15-7 person does not retain a portion of the carcass, the tag may remain
15-8 with any of the portions of the carcass. A wildlife resource
15-9 document shall be retained with the head of a deer that is not kept
15-10 with the carcass until the head is delivered to the owner after
15-11 taxidermy or, if not treated by a taxidermist, until delivered to a
15-12 final destination.
15-13 (e) Final processing for a deer carcass may occur only at a
15-14 final destination.
15-15 (f) This section does not prohibit a person before
15-16 delivering a deer carcass to a final destination from removing and
15-17 preparing a part of the deer if the removal and preparation occur
15-18 immediately before the part is cooked or consumed and the part of
15-19 the carcass from which the part is removed remains with the person.
15-20 (g) A landowner or the landowner's [his] agent operating
15-21 under a wildlife management plan approved by the department is, if
15-22 authorized by the commission, exempt from the tag and wildlife
15-23 resource document requirements of this section.
15-24 SECTION 30. Section 42.0185, Parks and Wildlife Code, is
15-25 amended by amending Subsection (a) and adding Subsections (c)-(e)
15-26 to read as follows:
15-27 (a) No person may possess a [dead] wild turkey at any time
16-1 after the turkey is killed and before it has been finally processed
16-2 at a [and delivered to the] final destination unless there is
16-3 attached to the [dead wild] turkey a properly executed turkey tag
16-4 from a hunting license provided by the department and issued to the
16-5 person who killed the turkey.
16-6 (c) A wildlife resource document completed by the person who
16-7 killed the turkey must accompany a part of the turkey if at any
16-8 time before the turkey is finally processed the part of the turkey
16-9 no longer accompanies the tagged turkey and is possessed by the
16-10 person who killed the turkey or is given to, left with, or
16-11 possessed by another person, including a taxidermist.
16-12 (d) Final processing for a turkey may occur only at a final
16-13 destination.
16-14 (e) This section does not prohibit a person before
16-15 delivering a wild turkey to a final destination from preparing part
16-16 of the turkey immediately before cooking and consuming the part.
16-17 SECTION 31. Section 42.019, Parks and Wildlife Code, is
16-18 amended to read as follows:
16-19 Sec. 42.019. POSSESSION OF CERTAIN PARTS OF ANTELOPE [DEER].
16-20 (a) Except as provided by Subsection (c), no [No] person may
16-21 possess the carcass or any part of the carcass of an antelope
16-22 before it has been finally processed at a final destination unless
16-23 there is attached to the carcass or part of the carcass an antelope
16-24 permit provided by the department that is executed legibly,
16-25 accurately, and completely by the person who killed the antelope [a
16-26 wild deer with the head removed unless the carcass has been finally
16-27 processed and delivered to the final destination].
17-1 (b) If the antelope's head is severed from the carcass, the
17-2 properly executed permit must remain with the carcass. [No person,
17-3 other than the person who killed the deer, may receive or possess
17-4 any part of a deer without a legible hunter's document attached to
17-5 the carcass or part of the deer.]
17-6 (c) A wildlife resource document completed by the person who
17-7 killed the antelope must accompany the head or other part of the
17-8 antelope not accompanied by a permit if at any time before the
17-9 carcass is finally processed the head or other part of the antelope
17-10 no longer accompanies the carcass. If a portion of the carcass is
17-11 divided among persons and separated and the person who killed the
17-12 antelope retains a portion of the carcass, that person shall retain
17-13 the permit with the portion of the carcass retained by that person.
17-14 If the person does not retain a portion of the carcass, the permit
17-15 may remain with any of the portions of the carcass. A wildlife
17-16 resource document shall be retained with the head of an antelope
17-17 that is not kept with the carcass until the head is delivered to
17-18 the owner after taxidermy or, if not treated by a taxidermist,
17-19 until delivered to a final destination. [A hunter's document is an
17-20 instrument signed and executed by the person who killed the deer
17-21 and must contain:]
17-22 [(1) the name and address of the person who killed the
17-23 deer;]
17-24 [(2) the number of the hunting license of the person
17-25 who killed the deer;]
17-26 [(3) the date on which the deer was killed; and]
17-27 [(4) the name of the ranch and the county where the
18-1 deer was killed.]
18-2 (d) Final processing for an antelope carcass may occur only
18-3 at a final destination.
18-4 (e) This section does not prohibit a person before
18-5 delivering an antelope carcass to a final destination from removing
18-6 and preparing a part of the antelope if the removal and preparation
18-7 occur immediately before the part is cooked and consumed and the
18-8 part of the carcass from which the part is removed remains with the
18-9 person. [A hunter's document shall remain with any part of the
18-10 deer until it is finally processed and delivered to the final
18-11 destination.]
18-12 SECTION 32. Section 43.0721, Parks and Wildlife Code, is
18-13 amended by amending Subsection (a) and adding Subsection (c) to
18-14 read as follows:
18-15 (a) No person may release banded pen-reared birds under this
18-16 subchapter [and receive as a guest for pay or other consideration
18-17 an individual engaged in hunting,] unless the person holds a valid
18-18 private bird hunting area license.
18-19 (c) A person is not required to hold a hunting lease license
18-20 issued under Subchapter D to hunt banded pen-reared birds released
18-21 under the authority of this subchapter.
18-22 SECTION 33. Section 43.075(d), Parks and Wildlife Code, is
18-23 amended to read as follows:
18-24 (d) The band must remain on each bird killed until the bird
18-25 is taken to the permanent residence of the hunter, the permanent
18-26 residence of another person receiving the bird, or a cold storage
18-27 or processing facility unless [a final destination. It is a
19-1 defense to prosecution under this subsection if] the name and
19-2 identification number of the licensee has been stamped or printed
19-3 on the box, wrapping, or package containing the carcass of a bird
19-4 that has been processed and possessed, shipped, or transported
19-5 without the band attached.
19-6 SECTION 34. Section 43.154(d), Parks and Wildlife Code, is
19-7 amended to read as follows:
19-8 (d) No state permit is required to authorize a person to
19-9 kill [authorizing the killing of] migratory [game] birds protected
19-10 by the Federal Migratory Bird Treaty Act if the person has obtained
19-11 [may be issued unless the applicant has received] a permit
19-12 authorizing that activity from the United States Department of the
19-13 Interior or the United States Department of Agriculture[, Fish and
19-14 Wildlife Service. No permit may be issued for the taking of
19-15 wildlife protected under Chapter 68 of this code (Endangered
19-16 Species)].
19-17 SECTION 35. Section 43.201(a), Parks and Wildlife Code, is
19-18 amended to read as follows:
19-19 (a) Except as provided by Subsection (c) or (d) [of this
19-20 section], no person may hunt [wild] deer, [bear,] turkey, or
19-21 javelina (collared peccary) during an open archery season provided
19-22 by law or by the proclamations of the commission and during which
19-23 season only crossbows used by hunters with upper limb disabilities
19-24 and longbows, recurved bows, and compound bows [and arrows] may be
19-25 used unless the person has acquired an archery hunting stamp issued
19-26 to the person by the department. The commission by rule may
19-27 prescribe requirements relating to possessing a stamp required by
20-1 this subchapter.
20-2 SECTION 36. Section 43.203, Parks and Wildlife Code, is
20-3 amended to read as follows:
20-4 Sec. 43.203. HUNTING LICENSE REQUIRED. The purchase or
20-5 possession of an archery hunting stamp does not permit a person to
20-6 hunt [wild] deer, [bear,] turkey, or javelina without the license
20-7 required by Chapter 42 [of this code] or by any means or methods
20-8 not allowed by law.
20-9 SECTION 37. Section 43.522(a), Parks and Wildlife Code, is
20-10 amended to read as follows:
20-11 (a) The department or its agent may issue a conservation
20-12 permit to any person on the payment to the department or agent of a
20-13 fee in an amount set by the commission. [The fee charged for a
20-14 conservation permit may not exceed the amount charged by the
20-15 department for a combination hunting and fishing license under
20-16 Section 50.002 of this code.]
20-17 SECTION 38. Subchapter P, Chapter 43, Parks and Wildlife
20-18 Code, is amended by adding Section 43.555 to read as follows:
20-19 Sec. 43.555. PENALTIES. A person who violates this
20-20 subchapter or a commission rule issued under this subchapter
20-21 commits an offense that is a Class C Parks and Wildlife Code
20-22 misdemeanor.
20-23 SECTION 39. Section 44.012, Parks and Wildlife Code, is
20-24 amended to read as follows:
20-25 Sec. 44.012. SALE DURING OPEN SEASON. A game animal held
20-26 under the authority of a license issued under this subchapter may
20-27 not be sold, traded, transferred, or shipped to any person in any
21-1 county [No game breeder may sell or ship to another person in this
21-2 state any antelope or collared peccary, and no person in this state
21-3 may purchase from a game breeder in this state or any other state
21-4 any antelope or collared peccary] during an open season in the
21-5 county of destination for taking the game animal or during a period
21-6 of 10 days before the [and after an] open season.
21-7 SECTION 40. Section 45.001, Parks and Wildlife Code, is
21-8 amended to read as follows:
21-9 Sec. 45.001. LICENSE REQUIRED. No [(a) Except as provided
21-10 in Subsection (b) of this section, no] person may possess game
21-11 birds in captivity for the purpose of propagation or sale [engage
21-12 in the business of propagating game birds] without first acquiring
21-13 the proper license authorized to be issued under this chapter.
21-14 [(b) A person is not required to have a license issued under
21-15 this chapter if he possesses not more than 12 game birds for
21-16 personal use only.]
21-17 SECTION 41. Section 45.003, Parks and Wildlife Code, is
21-18 amended to read as follows:
21-19 Sec. 45.003. TYPES OF LICENSES; FEES. (a) A class 1
21-20 commercial game bird breeder's license entitles the holder to
21-21 possess [engage in the business of propagating game birds for sale
21-22 or holding game birds] in captivity more than 1,000 game birds.
21-23 The fee for a class 1 [commercial game bird breeder's] license is
21-24 $100 or an amount set by the commission, whichever amount is more.
21-25 (b) A class 2 commercial game bird breeder's license
21-26 entitles the holder to [engage in the business of propagating game
21-27 birds for sale or holding game birds in captivity, except that the
22-1 holder of a class 2 license may not] possess in captivity not more
22-2 than 1,000 game birds during any calendar year. The fee for a
22-3 class 2 [commercial game bird breeder's] license is $10 or an
22-4 amount set by the commission, whichever amount is more.
22-5 SECTION 42. Section 45.006, Parks and Wildlife Code, is
22-6 amended to read as follows:
22-7 Sec. 45.006. SALES OF GAME BIRD CARCASSES OR PARTS OF A GAME
22-8 BIRD. (a) No person may sell, offer for sale, or purchase the
22-9 carcass or any part of a dead pen-raised game bird unless:
22-10 (1) the carcass or part is clearly stamped and marked
22-11 by the stamp authorized by Subsection (b) [of this section]; or
22-12 (2) the carcass or part is delivered to the purchaser
22-13 and is accompanied by a document [in a box, wrapping, or other
22-14 container] on which is printed or written the name and the
22-15 identification [serial] number of the game bird breeder.
22-16 (b) Each holder of a license required by this chapter who
22-17 offers for sale the carcass of a pen-raised game bird may acquire a
22-18 rubber stamp which, when used, shows the identification [serial]
22-19 number of the holder of the license.
22-20 SECTION 43. Section 45.0061, Parks and Wildlife Code, is
22-21 amended to read as follows:
22-22 Sec. 45.0061. SOURCE OF GAME BIRDS. A person who is not
22-23 required to possess a commercial game bird breeder's license and
22-24 who is in possession of a live game bird [under Subsection (b) of
22-25 Section 45.001] shall, on the request of a game warden commissioned
22-26 by the department, furnish to the warden a receipt showing the name
22-27 and street address of the person and the name and street address of
23-1 [information as to] the source from which any game bird [birds] in
23-2 the possession of the person was [were] derived. The receipt must
23-3 also show the date of sale and the species and number of game
23-4 birds acquired. The failure or refusal to comply with this section
23-5 is a violation of this chapter.
23-6 SECTION 44. Section 45.009, Parks and Wildlife Code, is
23-7 amended to read as follows:
23-8 Sec. 45.009. EXCEPTIONS. (a) [A person may purchase live
23-9 pheasant from a commercial game bird breeder for any purpose.]
23-10 [(b)] A commercial game bird breeder may process [slaughter]
23-11 game birds for [his] personal consumption at any time.
23-12 (b) [(c)] This chapter does not apply to a person holding a
23-13 permit under Section 43.022 [of this code].
23-14 (c) [(d)] Any person owning or operating a [restaurant,
23-15 hotel, boarding house, club, or other] business where food is sold
23-16 for consumption, including a restaurant, hotel, boarding house, or
23-17 club, may sell game birds for consumption on the premises of the
23-18 business if the birds were lawfully obtained by the person who
23-19 supplied the birds and the business obtained the birds in a lawful
23-20 transaction.
23-21 SECTION 45. Sections 47.001(3)-(6), (9), and (16), Parks and
23-22 Wildlife Code, are amended to read as follows:
23-23 (3) "Wholesale fish dealer" means a person who
23-24 operates a place of business [and buys] for [the purpose of]
23-25 selling, offering for sale, canning, preserving, processing, or
23-26 handling for shipments or sale aquatic products to retail fish
23-27 dealers, hotels, restaurants, cafes, consumers, or other wholesale
24-1 fish dealers. The term does not include the holder of a bait
24-2 shrimp dealer's license.
24-3 (4) "Retail fish dealer" means a person who operates a
24-4 place of business [and buys] for selling [the purpose of sale or
24-5 sells] or offering [offers] for sale to a consumer aquatic
24-6 products, other than aquatic products that are sold by restaurants
24-7 for and ready for immediate consumption in individual portion
24-8 servings and that [which] are subject to the limited sales or use
24-9 tax. For purposes of this subsection, "consumer" does not include
24-10 a wholesale fish dealer or a hotel, restaurant, cafe, or other
24-11 retail fish dealer.
24-12 (5) "Bait dealer" means a person who catches and sells
24-13 minnows, fish, shrimp, or other aquatic products for bait [or
24-14 transports for sale,] or a place of [who is engaged in the]
24-15 business where [of selling] minnows, fish, shrimp, or other aquatic
24-16 products are sold, offered for sale, handled, or transported for
24-17 sale for [fish] bait.
24-18 (6) "Fishing guide" means a person who [operates a
24-19 boat] for compensation accompanies [to accompany] or transports [to
24-20 transport] a person or persons for the purpose of [engaged in]
24-21 fishing in the water of this state.
24-22 (9) "Place of business" means a permanent structure on
24-23 land or a motor vehicle required to be registered under Section
24-24 502.002, Transportation Code [2, Chapter 88, General Laws, Acts of
24-25 the 41st Legislature, 2nd Called Session, 1929 (Article 6675a-2,
24-26 Vernon's Texas Civil Statutes)], where aquatic products or orders
24-27 for aquatic products are received or where aquatic products are
25-1 sold or purchased but does not include a boat or any type of
25-2 floating device, a public cold storage vault, the portion of a
25-3 structure that is used as a residence, or a vehicle from which no
25-4 orders are taken or no shipments or deliveries are made other than
25-5 to the place of business of a licensee in this state.
25-6 (16) "Aquatic product" means any live or dead,
25-7 uncooked, fresh or frozen aquatic animal life.
25-8 SECTION 46. Section 47.003(d), Parks and Wildlife Code, is
25-9 amended to read as follows:
25-10 (d) No person may be issued a commercial finfish fisherman's
25-11 license unless the person files with the department at the time the
25-12 person [he] applies for the license an affidavit containing
25-13 statements that:
25-14 (1) [not less than 50 percent of the applicant's
25-15 gainful employment is devoted to commercial fishing;]
25-16 [(2)] the applicant is not employed at any full-time
25-17 occupation other than commercial fishing; and
25-18 (2) [(3)] during the period of validity of the
25-19 commercial finfish fisherman's license the applicant does not
25-20 intend to engage in any full-time occupation other than commercial
25-21 fishing.
25-22 SECTION 47. Section 47.004, Parks and Wildlife Code, is
25-23 amended by adding Subsection (c) to read as follows:
25-24 (c) The commission may adopt rules governing the issuance
25-25 and use of a fishing guide license.
25-26 SECTION 48. Section 47.009(c), Parks and Wildlife Code, is
25-27 amended to read as follows:
26-1 (c) A resident [person] who has an aquaculture [a fish
26-2 farming] license under Section 134.011, Agriculture Code, is not
26-3 required to obtain or possess a wholesale fish dealer's license if
26-4 the person's business activities with regard to the sale of fish
26-5 involve fish raised on the person's fish farm only.
26-6 SECTION 49. Section 47.014(a), Parks and Wildlife Code, is
26-7 amended to read as follows:
26-8 (a) No person may engage in business [act] as a bait dealer
26-9 unless the person [he] has obtained the appropriate [a] bait
26-10 dealer's license.
26-11 SECTION 50. Section 47.018(a), Parks and Wildlife Code, is
26-12 amended to read as follows:
26-13 (a) No person may bring into this state and deliver aquatic
26-14 products for any commercial purpose unless the person [he] has
26-15 obtained a wholesale fish dealer's license, [or] a retail fish
26-16 dealer's license, or a bait dealer's license issued under this
26-17 subchapter.
26-18 SECTION 51. Section 47.0181(a), Parks and Wildlife Code, is
26-19 amended to read as follows:
26-20 (a) No person, except a commercial fisherman licensed to
26-21 take aquatic products from Texas waters transporting the
26-22 fisherman's own catch within this state, may transport aquatic
26-23 products for commercial purposes, regardless of origin or
26-24 destination, without an invoice containing the following
26-25 information correctly stated and legibly written:
26-26 (1) the invoice number;
26-27 (2) the date of shipment;
27-1 (3) the name and physical address of shipper;
27-2 (4) the name and physical address of receiver;
27-3 (5) the license number of shipper; and
27-4 (6) the quantity of aquatic products contained in the
27-5 shipment; finfish by species and by [,] number or [and] weight,
27-6 oysters by volume, and all other aquatic products by weight.
27-7 SECTION 52. Section 47.031(b), Parks and Wildlife Code, is
27-8 amended to read as follows:
27-9 (b) All licenses and permits issued under the authority of
27-10 Chapter 47 [of this code] may not be transferred to another person
27-11 except that a license issued in the name of a business shall remain
27-12 valid for the business location specified on the license or permit
27-13 if a change of ownership and/or business name occurs. A license
27-14 issued under the authority of Section 47.009, [or] 47.011, [or]
27-15 47.014, or 47.016 may be transferred to a new address if the
27-16 business moves to another location. A license issued under the
27-17 authority of Section 47.007, 47.010, or 47.013 may be transferred
27-18 to another vehicle or vessel or to a new owner of the same vehicle
27-19 or vessel. The commission, by regulation, may prescribe
27-20 requirements necessary to clarify license and permit transfer
27-21 procedures and may prescribe, by regulation, forms to be used and
27-22 fees to be charged for transfer of licenses and permits in this
27-23 chapter and for duplicate license plates and duplicate or
27-24 replacement licenses and permits.
27-25 SECTION 53. Section 49.001, Parks and Wildlife Code, is
27-26 amended by adding Subdivision (3) to read as follows:
27-27 (3) "Falconry" means the practice of trapping,
28-1 possessing, training, or flying a raptor for hunting purposes and
28-2 includes the act of hunting by the use of a trained raptor.
28-3 SECTION 54. Section 49.002, Parks and Wildlife Code, is
28-4 amended to read as follows:
28-5 Sec. 49.002. PROHIBITED ACTS. (a) Except as provided in
28-6 Subsection (b) [of this section], no person may take, capture, or
28-7 possess, or attempt to take or capture, any native raptors unless
28-8 the person [he] has obtained a permit issued by the department
28-9 [under this chapter].
28-10 (b) A nonresident may temporarily possess in this state or
28-11 transport through this state any raptor if the person is authorized
28-12 by state and federal permits to possess the raptor in the person's
28-13 state of residence or has been issued a permit under Chapter 43
28-14 [person may collect and hold protected species of wildlife for
28-15 scientific, zoological, and propagation purposes if he holds a
28-16 permit issued by the department for that purpose].
28-17 SECTION 55. Section 49.003, Parks and Wildlife Code, is
28-18 amended to read as follows:
28-19 Sec. 49.003. RECIPROCITY [APPRENTICE FALCONER'S PERMIT]. A
28-20 person in possession of a raptor under a license issued by another
28-21 state who intends to establish residency in this state must apply
28-22 to the department for a falconry permit not later than the 10th day
28-23 after the date the person first moves a raptor into this state. A
28-24 signed and notarized affidavit stating the person's intent to
28-25 establish residency in this state must accompany the application.
28-26 [The department may issue an apprentice falconer's permit to any
28-27 person who:]
29-1 [(1) is at least 14 years of age;]
29-2 [(2) is sponsored by the holder of a general
29-3 falconer's or a master falconer's permit;]
29-4 [(3) submits an application on forms prescribed by the
29-5 department; and]
29-6 [(4) submits an original permit fee of $30 or an
29-7 amount set by the commission, whichever amount is more.]
29-8 SECTION 56. Section 49.010, Parks and Wildlife Code, is
29-9 amended to read as follows:
29-10 Sec. 49.010. HUNTING. (a) A resident possessing [The
29-11 holder of] a falconry [valid] permit [issued under this chapter]
29-12 and a [valid] hunting license may hunt by means of falconry
29-13 [native species of wild birds, wild animals, and migratory game
29-14 birds during the open season and may hunt unprotected species of
29-15 wildlife].
29-16 (b) A nonresident may hunt by means of falconry if the
29-17 nonresident possesses on the nonresident's person:
29-18 (1) a federal falconry permit;
29-19 (2) a falconry permit issued in the person's state of
29-20 residence; and
29-21 (3) a nonresident hunting license and any applicable
29-22 stamps.
29-23 (c) A person may hunt a bird or animal by means of falconry
29-24 only during an open season provided for that bird or animal.
29-25 SECTION 57. Section 49.011, Parks and Wildlife Code, is
29-26 amended to read as follows:
29-27 Sec. 49.011. TRANSFER OR SALE OF RAPTORS. (a) Except as
30-1 permitted in Subsections (b) and (c) [of this section], no person
30-2 may buy, sell, barter, or exchange, or offer to buy, sell, barter,
30-3 or exchange, a raptor in this state.
30-4 (b) The holder of a falconer's permit may transfer [, with
30-5 approval of the department, exchange] a raptor to [with] another
30-6 holder of a falconer's permit or receive a raptor from another
30-7 holder of a falconer's permit [if there is no consideration for the
30-8 exchange other than the raptors exchanged].
30-9 (c) A [The] holder of a [general or master] falconer's
30-10 permit who qualifies as prescribed by commission rule may [arrange
30-11 for the] purchase [of legal] raptors [by correspondence or
30-12 telephone] from any legal source and may sell captive-bred raptors
30-13 to any person permitted to purchase captive-bred raptors [a
30-14 lawfully permitted person in another state where the sale of
30-15 raptors is lawful, provided, however, such raptors may not be
30-16 resold in this state].
30-17 SECTION 58. Section 49.014, Parks and Wildlife Code, is
30-18 amended to read as follows:
30-19 Sec. 49.014. POWERS OF DEPARTMENT. The department may:
30-20 (1) prescribe [reasonable] rules [and regulations] for
30-21 the taking, capture, possession, propagation, transportation,
30-22 export, and sale of [taking and possessing] raptors, time and area
30-23 from which raptors may be taken or captured, and species that may
30-24 be taken or captured;
30-25 (2) provide standards for possessing and housing
30-26 raptors held under a permit;
30-27 (3) prescribe annual reporting requirements and
31-1 procedures;
31-2 (4) prescribe eligibility requirements and fees for
31-3 and issue any falconry, raptor propagation, or nonresident trapping
31-4 permit; and
31-5 (5) require and regulate the identification of raptors
31-6 held by permit holders.
31-7 SECTION 59. Section 61.003, Parks and Wildlife Code, is
31-8 amended to read as follows:
31-9 Sec. 61.003. APPLICABILITY OF CHAPTER. This [Title 7 of
31-10 this code prescribes the counties, places, and wildlife resources
31-11 to which this] chapter applies to every county, place, and wildlife
31-12 resource in the state, except as otherwise provided by this code.
31-13 SECTION 60. Section 61.005, Parks and Wildlife Code, is
31-14 amended to read as follows:
31-15 Sec. 61.005. DEFINITIONS. In this chapter:
31-16 (1) ["Hunt" includes take, kill, pursue, trap, and the
31-17 attempt to take, kill, or trap.]
31-18 [(2)] "Wildlife resources" means all wild [game]
31-19 animals, wild [game] birds, and [marine animals, fish, and other]
31-20 aquatic animal life.
31-21 (2) [(3)] "Depletion" means the reduction of a species
31-22 below its immediate recuperative potential by any [deleterious]
31-23 cause.
31-24 (3) [(4)] "Waste" means the failure to provide for the
31-25 regulated harvest of surplus wildlife resources when that harvest
31-26 would allow, promote, or optimize a healthy and self-sustaining
31-27 population of a [supply of a species or one sex of a species in
32-1 sufficient numbers that a seasonal harvest will aid in the
32-2 reestablishment of a normal number of the] species.
32-3 [(5) "Daily bag limit" means the quantity of a species
32-4 of game that may be taken in one day.]
32-5 [(6) "Possession limit" means the maximum number of a
32-6 species of game that may be possessed at one time.]
32-7 SECTION 61. Section 61.022, Parks and Wildlife Code, is
32-8 amended to read as follows:
32-9 Sec. 61.022. TAKING WILDLIFE RESOURCES WITHOUT CONSENT OF
32-10 LANDOWNER PROHIBITED. No person may hunt or [,] catch by any means
32-11 or method [,] or possess a wildlife resource [game animal or game
32-12 bird, fish, marine animal, or other aquatic life] at any time and
32-13 at any place covered by this chapter unless the owner of the land
32-14 or water, or the owner's agent, consents.
32-15 SECTION 62. Subchapter B, Chapter 61, Parks and Wildlife
32-16 Code, is amended by adding Section 61.023 to read as follows:
32-17 Sec. 61.023. APPLYING CONTRACEPTIVES TO WILDLIFE RESOURCES.
32-18 No person may intentionally apply contraceptives to any vertebrate
32-19 wildlife resource unless the person first obtains written
32-20 authorization from the department.
32-21 SECTION 63. Section 61.051, Parks and Wildlife Code, is
32-22 amended to read as follows:
32-23 Sec. 61.051. DUTY TO INVESTIGATE AND STUDY CERTAIN WILDLIFE
32-24 RESOURCES. (a) The department shall conduct scientific studies
32-25 and investigations of all species of game animals, game birds, and
32-26 aquatic animal life [wildlife resources] to determine:
32-27 (1) supply;
33-1 (2) economic value;
33-2 (3) environments;
33-3 (4) breeding habits;
33-4 (5) sex ratios; and
33-5 (6) effects of [hunting, trapping, fishing, disease,
33-6 infestation, predation, agricultural pressure, and overpopulation;
33-7 and]
33-8 [(7)] any [other] factors or conditions causing
33-9 increases or decreases in supply.
33-10 (b) The studies and investigations may be made periodically
33-11 or continuously.
33-12 (c) The commission shall make findings of fact based on the
33-13 studies and investigations of the department.
33-14 SECTION 64. Section 61.052, Parks and Wildlife Code, is
33-15 amended to read as follows:
33-16 Sec. 61.052. GENERAL REGULATORY DUTY. (a) The commission
33-17 shall regulate the periods of time when it is lawful to take or
33-18 possess game animals, game birds, or aquatic animal life [wildlife
33-19 resources] in or from the places covered by this chapter.
33-20 (b) The commission shall regulate the means, methods,
33-21 [manners,] and places in which it is lawful to take or possess game
33-22 animals, game birds, or aquatic animal life [wildlife resources] in
33-23 or from the places covered by this chapter.
33-24 SECTION 65. Section 61.053, Parks and Wildlife Code, is
33-25 amended to read as follows:
33-26 Sec. 61.053. OPEN SEASONS. The commission shall provide
33-27 open seasons for the taking or possession of game animals, game
34-1 birds, or aquatic animal life [wildlife resources] if its
34-2 investigations and findings of fact reveal that open seasons may
34-3 be safely provided or if the threat of waste requires an open
34-4 season to conserve game animals, game birds, or aquatic animal life
34-5 [wildlife resources].
34-6 SECTION 66. Section 61.054, Parks and Wildlife Code, is
34-7 amended to read as follows:
34-8 Sec. 61.054. PROCLAMATIONS OF THE COMMISSION. (a)
34-9 Regulation of the taking or possession of game animals, game birds,
34-10 or aquatic animal life [wildlife resources] under this chapter
34-11 shall be by proclamation of the commission.
34-12 (b) A proclamation of the commission authorizing the taking
34-13 or possession of game animals, game birds, or aquatic animal life
34-14 [wildlife resources] must specify:
34-15 (1) the species, quantity, age or size, and, to the
34-16 extent possible, the sex of the game animals, game birds, or
34-17 aquatic animal life [wildlife resources] authorized to be taken or
34-18 possessed;
34-19 (2) the means or [,] method[, or manner] that may be
34-20 used to take or possess the game animals, game birds, or aquatic
34-21 animal life [wildlife resources]; and
34-22 (3) the region, county, area, body of water, or
34-23 portion of a county where the game animals, game birds, or aquatic
34-24 animal life [wildlife resources] may be taken or possessed.
34-25 SECTION 67. Section 61.055(a), Parks and Wildlife Code, is
34-26 amended to read as follows:
34-27 (a) If the commission finds that there is a danger of
35-1 depletion or waste, it shall amend or revoke its proclamations to
35-2 prevent the depletion or waste and to provide to the people the
35-3 most equitable and reasonable privilege to hunt game animals or
35-4 game birds or catch aquatic animal life [pursue, take, possess, and
35-5 kill wildlife resources].
35-6 SECTION 68. Subchapter C, Chapter 61, Parks and Wildlife
35-7 Code, is amended by adding Section 61.058 to read as follows:
35-8 Sec. 61.058. YOUTH HUNTING AND FISHING. (a) The commission
35-9 may provide for special open seasons during which the taking and
35-10 possession of game animals and game birds are restricted to persons
35-11 under 17 years old.
35-12 (b) The commission may provide for special means and methods
35-13 for the taking and possession of aquatic animal life by persons
35-14 under 17 years old.
35-15 SECTION 69. Section 61.101(a), Parks and Wildlife Code, is
35-16 amended to read as follows:
35-17 (a) Before a proclamation of the commission may be adopted,
35-18 the department shall hold public hearings[:]
35-19 [(1)] in the county to be affected by the proclamation
35-20 if the director or the director's [his] designee receives a
35-21 petition for a public hearing signed by not less than 25 persons
35-22 who reside in the county[; and]
35-23 [(2) in at least five locations the director or his
35-24 designee considers necessary to ensure public participation].
35-25 SECTION 70. Section 61.205(d), Parks and Wildlife Code, is
35-26 amended to read as follows:
35-27 (d) The department may authorize the sale, trade, auction,
36-1 or donation of [A person may not sell or trade] a bighorn sheep
36-2 hunting permit if the proceeds of the sale, trade, auction, or
36-3 donation are used to restore, protect, or manage bighorn sheep [for
36-4 anything of value].
36-5 SECTION 71. Section 62.005, Parks and Wildlife Code, is
36-6 amended to read as follows:
36-7 Sec. 62.005. HUNTING WITH LIGHT. [(a)] No person may hunt
36-8 a game [an] animal or bird protected by this code with the aid of
36-9 [a headlight, hunting lamp, or other artificial light, including]
36-10 an artificial light that casts or reflects a beam of light onto or
36-11 otherwise illuminates the game animal or bird, including the
36-12 headlights of [attached to] a motor vehicle.
36-13 [(b) The possession of a headlight or hunting lamp used on
36-14 or about the head when hunting at night between sunset and one-half
36-15 hour before sunrise by a person hunting in an area where deer are
36-16 known to range constitutes prima facie evidence that the person was
36-17 violating this section.]
36-18 SECTION 72. Section 62.014(a)(2), Parks and Wildlife Code,
36-19 is amended to read as follows:
36-20 (2) "Archery equipment" means a long bow, recurved
36-21 bow, compound bow, or crossbow [that is capable of shooting a
36-22 hunting arrow equipped with a broadhead hunting point for a
36-23 distance of 130 yards].
36-24 SECTION 73. Section 62.021, Parks and Wildlife Code, is
36-25 amended to read as follows:
36-26 Sec. 62.021. SALE OR PURCHASE OF CERTAIN GAME. (a) Except
36-27 as provided by Subsection (c), no [No] person may sell, offer for
37-1 sale, purchase, offer to purchase, or possess after purchase a wild
37-2 bird, [wild] game bird, or [wild] game animal, dead or alive, or
37-3 part of the bird or animal.
37-4 (b) This section applies only to a bird or animal protected
37-5 by this code without regard to whether the bird or animal is taken
37-6 or killed in this state.
37-7 (c) This section does not prohibit the sale of:
37-8 (1) a live game animal, a dead or live game bird, or
37-9 the feathers of a game bird if the sale is conducted under
37-10 authority of a license or permit issued under this code; or
37-11 (2) an inedible part, including the hide, antlers,
37-12 bones, hooves, or sinew of a deer. [Subsection (a) of this section
37-13 does not apply to deer hides.]
37-14 [(d) The commission by proclamation shall authorize and
37-15 regulate the sale, purchase, and possession after purchase of deer
37-16 antlers.]
37-17 SECTION 74. Section 62.029, Parks and Wildlife Code, is
37-18 amended to read as follows:
37-19 Sec. 62.029. RECORDS OF GAME IN COLD STORAGE OR PROCESSING
37-20 FACILITY. (a) As used in this section, "cold storage or
37-21 processing facility" has the meaning assigned by Section 42.001 [a
37-22 "public cold storage plant" is any plant in which game is stored
37-23 for a person other than the owner of the plant].
37-24 (b) The owner, [or] operator, or lessee of a [public] cold
37-25 storage or processing facility [plant] shall maintain a book
37-26 containing a record of:
37-27 (1) the name, address, and hunting license number of
38-1 each person who killed [placing] a game bird or game animal that is
38-2 placed in the facility [storage];
38-3 (2) the name and address of each person who places a
38-4 game bird or game animal in the facility, if different from the
38-5 person who killed the bird or animal;
38-6 (3) the number and kind of game birds or game animals
38-7 placed in the facility [storage]; and
38-8 (4) [(3)] the date on which each game bird or game
38-9 animal is placed in the facility [storage].
38-10 (c) The owner, operator, or lessee shall enter all
38-11 information into the book as required by this section before
38-12 placing in storage or processing any game animal or game bird.
38-13 (d) The cold storage or processing facility record book
38-14 shall be kept at the facility and [by the owner or operator of a
38-15 public cold storage plant] may be inspected by an authorized
38-16 employee of the department during business hours or at any other
38-17 reasonable time.
38-18 (e) Each cold storage or processing facility record book
38-19 shall be kept at the facility until the first anniversary of the
38-20 date of the last entry in the book.
38-21 SECTION 75. Section 62.030, Parks and Wildlife Code, is
38-22 amended to read as follows:
38-23 Sec. 62.030. POSSESSION OF GAME IN COLD STORAGE OR
38-24 PROCESSING FACILITY. A person may place and maintain, or possess,
38-25 in a cold storage or processing facility [public or private storage
38-26 plant, refrigerator, or locker] lawfully [taken or] killed game
38-27 birds and [,] game animals[, waterfowl, or migratory waterfowl] not
39-1 in excess of the number permitted to be possessed by law.
39-2 SECTION 76. Section 62.031, Parks and Wildlife Code, is
39-3 amended to read as follows:
39-4 Sec. 62.031. INSPECTIONS OF [STORAGE] FACILITIES. (a)
39-5 Authorized employees of the department may enter and inspect a
39-6 [public] cold storage or processing facility [plant] or other
39-7 place, including taxidermist shops and tanneries, where protected
39-8 wildlife are stored.
39-9 (b) In this section "protected wildlife" means game animals,
39-10 [and] game birds, [and] nongame animals, and nongame birds that
39-11 are the subject of any protective law or regulation of this state
39-12 or the United States.
39-13 (c) Inspections under this section may be made during normal
39-14 business hours or at any other reasonable time [when the facilities
39-15 are open to the public generally but may include areas within a
39-16 facility not generally open to the public].
39-17 SECTION 77. Section 62.082, Parks and Wildlife Code, is
39-18 amended to read as follows:
39-19 Sec. 62.082. TARGET RANGES AND MANAGED HUNTS. (a) The
39-20 Board of Directors of the Lower Colorado River Authority may lease
39-21 river authority land to be used on a nonprofit basis for a target
39-22 rifle or archery range [only and not for hunting].
39-23 (b) A member of the boy scouts or the girl scouts or other
39-24 nonprofit public service group or organization may possess and
39-25 shoot a firearm, bow, and crossbow for target or instructional
39-26 purposes under the supervision of a qualified instructor registered
39-27 with and approved by the Lower Colorado River Authority on ranges
40-1 designated by the Lower Colorado River Authority. [This subsection
40-2 does not permit hunting by any person.]
40-3 (c) The Board of Directors of the Lower Colorado River
40-4 Authority may authorize lawful hunting on Lower Colorado River
40-5 Authority lands, consistent with sound biological management
40-6 practices.
40-7 (d) Section 62.081 does not apply to an employee of the
40-8 Lower Colorado River Authority, a person authorized to hunt under
40-9 Subsection (c), or a peace officer as defined by Article 2.12, Code
40-10 of Criminal Procedure.
40-11 SECTION 78. Subchapter A, Chapter 63, Parks and Wildlife
40-12 Code, is amended by adding Section 63.002 to read as follows:
40-13 Sec. 63.002. POSSESSION OF LIVE GAME ANIMALS. No person may
40-14 possess a live game animal in this state for any purpose not
40-15 authorized by this code.
40-16 SECTION 79. Section 64.002, Parks and Wildlife Code, is
40-17 amended to read as follows:
40-18 Sec. 64.002. PROTECTION OF NONGAME BIRDS. (a) Except as
40-19 provided by [in this section, Chapter 67, or Section 12.013 of]
40-20 this code, no person may:
40-21 (1) catch, kill, injure, pursue, or possess, dead or
40-22 alive, or purchase, sell, expose for sale, transport, ship, or
40-23 receive or deliver for transportation, a bird that is not a game
40-24 bird;
40-25 (2) possess any part of the plumage, skin, or body of
40-26 a bird that is not a game bird; or
40-27 (3) disturb or destroy the eggs, nest, or young of a
41-1 bird that is not a game bird.
41-2 (b) European starlings, English sparrows, and [grackles,
41-3 ravens, red-winged blackbirds, cowbirds,] feral rock doves (Columba
41-4 livia)[, and crows] may be killed at any time and their nests or
41-5 eggs may be destroyed.
41-6 (c) A permit is not required to control yellow-headed,
41-7 red-winged, rusty, or Brewer's blackbirds or all grackles,
41-8 cowbirds, crows, or magpies when found committing or about to
41-9 commit depredations on ornamental or shade trees, agricultural
41-10 crops, livestock, or wildlife, or when concentrated in numbers and
41-11 in a manner that constitutes a health hazard or other nuisance.
41-12 (d) Canaries, parrots, and other exotic nongame birds may be
41-13 sold, purchased, and kept as domestic pets.
41-14 SECTION 80. Subchapter A, Chapter 64, Parks and Wildlife
41-15 Code, is amended by adding Section 64.007 to read as follows:
41-16 Sec. 64.007. POSSESSION OF LIVE GAME BIRDS. No person may
41-17 possess a live game bird in this state except as authorized by this
41-18 code.
41-19 SECTION 81. Section 64.022, Parks and Wildlife Code, is
41-20 amended to read as follows:
41-21 Sec. 64.022. AUTHORITY OF COMMISSION [DEPARTMENT]. The
41-22 commission [department] shall provide the open season[,] and means,
41-23 methods, and devices for the taking and possessing of migratory
41-24 game birds and may delegate that authority to the executive
41-25 director.
41-26 SECTION 82. Sections 64.024(b) and (c), Parks and Wildlife
41-27 Code, are amended to read as follows:
42-1 (b) [A regulation issued by the department must be
42-2 incorporated in the minutes of the meeting at which it was adopted,
42-3 and a copy of the regulation must be filed with the secretary of
42-4 state and each county clerk and county attorney.]
42-5 [(c)] The commission may adopt an emergency regulation
42-6 governing the taking or possession of migratory game birds if the
42-7 commission finds that an emergency condition affecting the supply
42-8 or condition of migratory game birds exists.
42-9 SECTION 83. Section 64.026, Parks and Wildlife Code, is
42-10 amended to read as follows:
42-11 Sec. 64.026. PROHIBITED ACTS. No person may hunt or possess
42-12 a migratory game bird by any means or method [or device] except as
42-13 provided by regulation issued under this code [subchapter].
42-14 SECTION 84. Section 65.001, Parks and Wildlife Code, is
42-15 amended to read as follows:
42-16 Sec. 65.001. DEFINITIONS. In this chapter:
42-17 (1) "Alligator" means a living or dead American
42-18 alligator (Alligator mississippiensis).
42-19 (2) ["Alligator buyer" means a person who buys
42-20 alligators, alligator hides, or any part of an alligator.]
42-21 [(3)] "Alligator hunter" means a person who takes an
42-22 alligator, an alligator egg, [dead or live alligators] or any part
42-23 of an alligator.
42-24 (3) [(4)] "Possess" means the act of having in
42-25 possession or control, keeping, detaining, restraining, or holding
42-26 as owner or as agent, bailee, or custodian for another.
42-27 (4) [(5)] "Take" means the act of hooking, netting,
43-1 snaring, trapping, pursuing, shooting, killing, or capturing by any
43-2 means or device and includes the attempt to take by the use of any
43-3 method.
43-4 (5) [(6)] "Resident" means an individual who has
43-5 resided continuously in this state during the [for more than] six
43-6 months preceding the individual's application [immediately before
43-7 applying] for any [an alligator hunter's or alligator buyer's]
43-8 license or permit issued under this chapter.
43-9 (6) [(7)] "Nonresident" means an individual who is not
43-10 a resident.
43-11 SECTION 85. Section 65.003, Parks and Wildlife Code, is
43-12 amended to read as follows:
43-13 Sec. 65.003. REGULATIONS. (a) The commission may regulate
43-14 by proclamation the taking, possession, propagation,
43-15 transportation, exportation, importation, sale, and offering for
43-16 sale of alligators, alligator eggs, or any part of an alligator
43-17 that the commission considers necessary to manage this species.
43-18 (b) The regulations of the commission under this chapter may
43-19 provide for:
43-20 (1) permit application forms, fees, and procedures;
43-21 (2) hearing procedures;
43-22 (3) the periods of time when it is lawful to take,
43-23 possess, sell, or purchase alligators, alligator hides, alligator
43-24 eggs, or any part of an alligator; [and]
43-25 (4) limits, size, means, methods, [manner,] and places
43-26 in which it is lawful to take or possess alligators, alligator
43-27 hides, alligator eggs, or any part of an alligator; and
44-1 (5) control of nuisance alligators.
44-2 SECTION 86. Section 65.005, Parks and Wildlife Code, is
44-3 amended to read as follows:
44-4 Sec. 65.005. POSSESSION. [(a)] No person may take, sell,
44-5 purchase, or possess an alligator, [the egg of] an alligator egg,
44-6 or any part of an alligator in this state except as permitted by
44-7 the regulations of the commission.
44-8 [(b) This chapter does not prohibit consumers from
44-9 purchasing or possessing goods processed or manufactured from
44-10 alligators that have been taken in accordance with the law.]
44-11 SECTION 87. Section 65.006, Parks and Wildlife Code, is
44-12 amended to read as follows:
44-13 Sec. 65.006. LICENSE REQUIRED. (a) No person may take,
44-14 attempt to take, possess, or assist [accompany] another person who
44-15 is attempting to take an alligator in this state [during the open
44-16 season established by the commission for taking alligators] unless
44-17 the person [he] has acquired and possesses an alligator hunter's
44-18 license.
44-19 (b) No [Except as provided by Section 65.005(b) of this
44-20 code, no] person for any purpose may possess, purchase, or possess
44-21 after purchase an alligator, an alligator hide, an alligator egg,
44-22 or any part of an alligator taken in this state unless:
44-23 (1) the person [he] has acquired and possesses a
44-24 permit issued by the department for that purpose; or
44-25 (2) a regulation of the commission otherwise allows
44-26 the possession or purchase without a permit [an alligator buyer's
44-27 license].
45-1 SECTION 88. Section 65.007, Parks and Wildlife Code, is
45-2 amended to read as follows:
45-3 Sec. 65.007. LICENSE FEES. The fees for the licenses issued
45-4 under this chapter are in the following amounts or in amounts set
45-5 by the commission, whichever amounts are more:
45-6 (1) $25 for a resident alligator hunter's license; and
45-7 (2) [$150 for a resident alligator buyer's license;]
45-8 [(3)] $50 for a nonresident alligator hunter's
45-9 license[; and]
45-10 [(4) $300 for a nonresident alligator buyer's
45-11 license].
45-12 SECTION 89. Section 66.002(a), Parks and Wildlife Code, is
45-13 amended to read as follows:
45-14 (a) No person may catch, take, or attempt to catch or take
45-15 any aquatic animal life [fish] by any means or method from [the use
45-16 of a net or seine or explosive or by poisoning, polluting,
45-17 muddying, ditching, or draining in] any privately owned waters
45-18 [lake, pool, or pond] without the consent of the landowner or the
45-19 landowner's agent [owner].
45-20 SECTION 90. Section 66.003(b), Parks and Wildlife Code, is
45-21 amended to read as follows:
45-22 (b) Subsection (a) of this section does not apply to the use
45-23 of explosives necessary for construction purposes when the use is
45-24 authorized in writing by the department [county judge of the county
45-25 where the work is to be done].
45-26 SECTION 91. Section 66.014(a), Parks and Wildlife Code, is
45-27 amended to read as follows:
46-1 (a) No person may transport any aquatic product for
46-2 commercial purposes unless the person clearly identifies the motor
46-3 vehicle, trailer, or semitrailer as a vehicle that carries aquatic
46-4 products. The commission shall prescribe by proclamation the
46-5 identification requirements for a motor vehicle, trailer, or
46-6 semitrailer transporting aquatic products, and the commission may
46-7 prescribe that the identification shall list the state of origin of
46-8 the aquatic products. In this subsection, "motor vehicle,"
46-9 "trailer," and "semitrailer" ["semitrailer,"] have the meanings
46-10 assigned [meaning given those terms] by Section 541.201,
46-11 Transportation Code [the Uniform Act Regulating Traffic on Highways
46-12 (Article 6701d, Vernon's Texas Civil Statutes)].
46-13 SECTION 92. Section 66.109(a), Parks and Wildlife Code, is
46-14 amended to read as follows:
46-15 (a) The department [commissioners court of each county], by
46-16 written order, may require the owner of a public or private dam or
46-17 other obstruction on a regularly flowing public freshwater stream
46-18 to construct or repair fishways or fish ladders sufficient to allow
46-19 fish in all seasons to ascend or descend the dam or other
46-20 obstruction for the purpose of depositing spawn.
46-21 SECTION 93. Section 66.2011, Parks and Wildlife Code, is
46-22 amended to read as follows:
46-23 Sec. 66.2011. RED DRUM AND SPECKLED SEA TROUT: PENALTIES
46-24 [DAILY CATCH AND RETENTION LIMITS]. [(a) No person may:]
46-25 [(1) catch and retain in one day more than 10 red
46-26 drum;]
46-27 [(2) possess at one time more than 20 red drum;]
47-1 [(3) possess at one time more than two red drum longer
47-2 than 35 inches; or]
47-3 [(4) catch and retain a red drum shorter than 14
47-4 inches.]
47-5 [(b) No person may:]
47-6 [(1) catch and retain in one day more than 20 speckled
47-7 sea trout;]
47-8 [(2) possess at one time more than 40 speckled sea
47-9 trout; or]
47-10 [(3) catch and retain a speckled sea trout shorter
47-11 than 12 inches.]
47-12 [(c) Daily catch, retention, and size limits for redfish and
47-13 speckled sea trout set by the commission under the Wildlife
47-14 Conservation Act of 1983 (Chapter 61 of this code) prevail over the
47-15 limits under this section. If the commission does not set catch,
47-16 retention, and size limits for redfish and speckled sea trout under
47-17 the conservation Act, this section applies.]
47-18 [(d)] In addition to the penalty provided in Section 66.218
47-19 [of this code], a person who violates [this section or] a
47-20 proclamation issued under [this section or under] Chapter 61 shall
47-21 have all equipment, other than vessels, in the person's [his]
47-22 possession used for the taking of red drum or speckled sea trout
47-23 confiscated. A person who violates [this section or] a
47-24 proclamation issued under [this section or under] Chapter 61 three
47-25 or more times within a five-year period shall have all equipment,
47-26 including vessels, in the person's [his] possession used for the
47-27 taking of redfish or speckled sea trout confiscated.
48-1 SECTION 94. Sections 66.2012(d)-(f), Parks and Wildlife
48-2 Code, are amended to read as follows:
48-3 (d) A proclamation of the commission under this section
48-4 prevails over any conflicting provision of Section 66.020 [Sections
48-5 66.201 and 66.2011 of this code] to the extent of the conflict and
48-6 only during the period that the proclamation is in effect.
48-7 (e) This section does not apply to activities that are
48-8 regulated under the exceptions provided by Subdivisions (1), (2),
48-9 and (3) of Section 66.020(b) [66.201(e) of this code] or under
48-10 Subsections (f) and (g) of that section.
48-11 (f) A person who violates a proclamation issued under
48-12 Subsection (a) [of this section] is guilty of an offense and is
48-13 punishable for the first and subsequent offenses by the penalties
48-14 prescribed by Sections 66.2011 [66.2011(d)] and 66.218 [of this
48-15 code].
48-16 SECTION 95. Section 67.001, Parks and Wildlife Code, is
48-17 amended to read as follows:
48-18 Sec. 67.001. DEFINITION[; REGULATIONS]. [(a)] In this
48-19 chapter, "nongame" means those species of vertebrate and
48-20 invertebrate wildlife indigenous to Texas[, and elk east of the
48-21 Pecos,] that are not classified as game animals, game birds, game
48-22 fish, fur-bearing animals, endangered species, alligators, marine
48-23 penaeid shrimp, or oysters.
48-24 [(b) The commission by regulation shall establish any
48-25 limitations on the taking, possession, transportation, exportation,
48-26 sale, and offering for sale of nongame fish and wildlife that the
48-27 department considers necessary to manage these species.]
49-1 SECTION 96. Section 67.004, Parks and Wildlife Code, is
49-2 amended to read as follows:
49-3 Sec. 67.004. ISSUANCE OF REGULATIONS. (a) The commission
49-4 by regulation shall establish any limits on the taking, possession,
49-5 propagation, transportation, exportation, sale, or offering for
49-6 sale of nongame fish or wildlife that the department considers
49-7 necessary to manage the species.
49-8 (b) The regulations shall state the name of the species or
49-9 subspecies, by common and scientific name, that the department
49-10 determines to be in need of management under this chapter.
49-11 [(b) The department shall conduct a public hearing on all
49-12 proposed regulations and shall publish notice of the hearing in at
49-13 least three major newspapers of general circulation in this state
49-14 at least one week before the date of the hearing.]
49-15 [(c) The department shall solicit comments on the proposed
49-16 regulations at the public hearing and by other means.]
49-17 [(d) On the basis of the information received at the hearing
49-18 or by other means, the department may modify a proposed regulation.]
49-19 [(e) Regulations become effective 60 days after the date
49-20 they are proposed unless withdrawn by the department.]
49-21 SECTION 97. Section 67.0041, Parks and Wildlife Code, is
49-22 amended to read as follows:
49-23 Sec. 67.0041. REGULATIONS AND PERMITS. (a) The department
49-24 may issue permits for the taking, possession, propagation,
49-25 transportation, sale, importation, or exportation of a nongame
49-26 species of fish or wildlife if necessary to properly manage that
49-27 species.
50-1 (b) The department may charge a fee for a permit issued
50-2 under this section [for a commercial activity]. The fee shall be
50-3 set by the commission.
50-4 SECTION 98. Sections 71.005(b)-(d), Parks and Wildlife Code,
50-5 are amended to read as follows:
50-6 (b) Except as provided by commission regulation, no [No]
50-7 person may purchase, [or] possess after purchase, or transport for
50-8 commercial purposes a pelt or carcass taken in this state unless
50-9 the person [he] has acquired and possesses a retail fur buyer's or
50-10 wholesale fur dealer's license.
50-11 (c) No person may capture [take] or possess a live
50-12 fur-bearing animal for any [the] purpose, except as otherwise
50-13 authorized by this code, [of propagation or sale] unless he has
50-14 acquired and possesses a fur-bearing animal propagation license.
50-15 (d) A person who possesses a hunting license [and is engaged
50-16 in a lawful hunting activity for any species other than fur-bearing
50-17 animals] may take and possess a fur-bearing animal if:
50-18 (1) neither the fur-bearing animal nor any part of
50-19 that animal is taken for the purpose of sale, barter, or exchange;
50-20 and
50-21 (2) the number of fur-bearing animals taken does not
50-22 exceed the daily bag limit or possession limit set by commission
50-23 regulation.
50-24 SECTION 99. Section 76.1031(b), Parks and Wildlife Code, is
50-25 amended to read as follows:
50-26 (b) All licenses issued under the authority of this chapter
50-27 [Chapter 76 of this code] may not be transferred to another person
51-1 or vessel except as provided by this subsection. A license issued
51-2 under the authority of Section 76.101(c) may be transferred to
51-3 another vessel or to a new owner of the same vessel. The
51-4 commission, by regulation, may prescribe requirements necessary to
51-5 clarify license transfer procedures and may prescribe, by
51-6 regulation, forms to be used and fees to be charged for transfer of
51-7 licenses in this chapter and for duplicate license plates or
51-8 duplicate or replacement licenses.
51-9 SECTION 100. Section 77.020, Parks and Wildlife Code, is
51-10 amended to read as follows:
51-11 Sec. 77.020. PENALTY. (a) A person who violates a provision
51-12 of this chapter except Section 77.024 or 77.061(a)(1) or who
51-13 violates a regulation adopted under this chapter [of this code]
51-14 commits an offense that is a Class C Parks and Wildlife Code
51-15 misdemeanor.
51-16 (b) If it is shown at the trial of the defendant that the
51-17 person [he] has been convicted once within five years before the
51-18 trial date of a violation of a provision of this chapter except
51-19 Section 77.024 or 77.061(a)(1) [of this code], or of a regulation
51-20 adopted under this chapter, the person [he] is guilty of a Class B
51-21 Parks and Wildlife Code misdemeanor.
51-22 (c) If it is shown at the trial of the defendant that the
51-23 person [he] has been convicted two or more times within five years
51-24 before the trial date of a violation of a provision of this
51-25 chapter except Section 77.024 or 77.061(a)(1) [of this code], or of
51-26 a regulation adopted under this chapter, the person [he] is guilty
51-27 of a Class A Parks and Wildlife Code misdemeanor.
52-1 SECTION 101. Section 77.0361, Parks and Wildlife Code, is
52-2 amended by amending Subsection (b) and adding Subsection (c) to
52-3 read as follows:
52-4 (b) All licenses issued under the authority of this chapter
52-5 [Chapter 77 of this code] may not be transferred to another person
52-6 or vessel except as provided by Subsection (c) [this subsection] or
52-7 by Section 77.113. A license issued under the authority of
52-8 Section 77.043 in the name of a business remains valid for the
52-9 business location specified on the license if a change of ownership
52-10 or business name occurs. A license issued under the authority of
52-11 Section 77.035 may be transferred to another vessel or to the new
52-12 owner of the same vessel.
52-13 (c) The commission, by regulation [rule], may prescribe
52-14 requirements necessary for license transfers and may prescribe, by
52-15 regulation [rule], forms to be used and fees to be charged for
52-16 transfers of licenses in this chapter, [and] for duplicate license
52-17 plates, or for [and/or] duplicate or replacement licenses.
52-18 SECTION 102. Section 77.037, Parks and Wildlife Code, is
52-19 amended to read as follows:
52-20 Sec. 77.037. TRANSFER OF LICENSE. A commercial gulf shrimp
52-21 boat license issued under this subchapter may be transferred on the
52-22 application of the licensee from a boat that has been destroyed or
52-23 lost to a boat acquired by the licensee as a replacement. The
52-24 commission, by regulation, may prescribe requirements necessary to
52-25 clarify license transfer procedures and may prescribe, by
52-26 regulation, forms to be used and fees to be charged for transfer of
52-27 licenses authorized by this subsection.
53-1 SECTION 103. Section 77.044(b), Parks and Wildlife Code, is
53-2 amended to read as follows:
53-3 (b) A bait-shrimp dealer's license may not be issued to a
53-4 place of business for which a wholesale fish dealer's license has
53-5 been issued [held by a person who also holds a shrimp house
53-6 operator's license].
53-7 SECTION 104. The heading to Subchapter E, Chapter 81, Parks
53-8 and Wildlife Code, is amended to read as follows:
53-9 SUBCHAPTER E. WILDLIFE MANAGEMENT AREAS AND PUBLIC HUNTING LANDS
53-10 SECTION 105. Section 81.402, Parks and Wildlife Code, is
53-11 amended to read as follows:
53-12 Sec. 81.402. REGULATION OF HUNTING AND FISHING. (a) The
53-13 executive director [department] may prohibit hunting and fishing in
53-14 wildlife [game] management areas or public hunting lands to protect
53-15 any species of wildlife or fish.
53-16 (b) [The department from time to time, as sound biological
53-17 management permits, and until August 31, 1995, may allow open
53-18 seasons for hunting and fishing.]
53-19 [(c)] During an open season in wildlife management areas or
53-20 public hunting lands, the executive director [department] may
53-21 prescribe the number, kind, sex, and size of game or fish that may
53-22 be taken.
53-23 (c) [(d)] The executive director [department] may prescribe
53-24 the means, methods, and conditions for the taking of game or fish
53-25 during an open season in wildlife management areas or public
53-26 hunting lands.
53-27 (d) As [(e) After August 31, 1995, and as] sound biological
54-1 management permits, the commission may [only] prescribe an open
54-2 season for hunting after it has established a classification system
54-3 for such areas in accordance with Section 13.001(b) [of this code].
54-4 SECTION 106. Section 81.403, Parks and Wildlife Code, is
54-5 amended by amending Subsection (a) and adding Subsection (e) to
54-6 read as follows:
54-7 (a) Except as provided in Subsections [Subsection] (b) and
54-8 (e) [of this section], permits for hunting of wildlife or for any
54-9 other use in wildlife [on game] management areas shall be issued
54-10 by the department to applicants by means of a fair method of
54-11 distribution subject to limitations on the maximum number of
54-12 permits to be issued.
54-13 (e) The department may authorize and accept multiple
54-14 applications for special hunting permits, programs, packages, or
54-15 events.
54-16 SECTION 107. Section 47.02(c), Penal Code, is amended to
54-17 read as follows:
54-18 (c) It is a defense to prosecution under this section that
54-19 the actor reasonably believed that the conduct:
54-20 (1) was permitted under the Bingo Enabling Act
54-21 (Article 179d, Vernon's Texas Civil Statutes);
54-22 (2) was permitted under the Charitable Raffle Enabling
54-23 Act (Article 179f, Revised Statutes);
54-24 (3) consisted entirely of participation in the state
54-25 lottery authorized by the State Lottery Act (Chapter 466,
54-26 Government Code);
54-27 (4) was permitted under the Texas Racing Act (Article
55-1 179e, Vernon's Texas Civil Statutes); or
55-2 (5) consisted entirely of participation in a drawing
55-3 for the opportunity to participate in a hunting, fishing, or other
55-4 recreational event conducted by [privileges authorized under] the
55-5 Parks and Wildlife Department [Code].
55-6 SECTION 108. The following provisions of the Parks and
55-7 Wildlife Code are repealed: Sections 11.0161(b), 12.004(a), 12.007,
55-8 12.012, 12.014, 12.016, 12.022, 12.023, 12.111, 13.0011, 13.0012,
55-9 and 13.111; Subchapter E, Chapter 23; Sections 41.001, 41.002,
55-10 41.007, 43.046, 43.048, 43.0485, 43.0761, 43.0765, 44.0135, 46.107,
55-11 47.036, 49.004, 49.0045, 49.0047, 49.005-49.009, 49.013, 61.004,
55-12 61.105, 61.203, 62.027, 62.028, 66.112, 66.302, 76.010, 76.011,
55-13 76.013, 76.014, 76.017, 76.018, 76.034, 76.105, 76.107, 76.108,
55-14 76.110, 76.111, 76.112(a), 76.113, 77.001, 77.005, 77.012, 77.013,
55-15 77.016-77.019, 77.038, 77.041, 77.047, 77.063(a), 77.064, 77.065,
55-16 77.066, 77.067(b) and (c), 77.068, 77.069, and 77.070; Subchapter
55-17 E, Chapter 77; Sections 81.002 and 81.201-81.205; Subchapter A,
55-18 Chapter 82; Subchapter A, Chapter 114; Subchapter A, Chapter 130;
55-19 Subchapter A, Chapter 131; Subchapter A, Chapter 134; Subchapter A,
55-20 Chapter 136; Subchapter A, Chapter 143; Subchapter A, Chapter 192;
55-21 Subchapter A, Chapter 202; Subchapter A, Chapter 216; Subchapters A
55-22 and B, Chapter 223; Section 223.022; Subchapter A, Chapter 237;
55-23 Subchapters A and D, Chapter 246; Subchapter A, Chapter 258;
55-24 Subchapter A, Chapter 272; Subchapter A, Chapter 283; Section
55-25 355.003; and Chapters 101-113, 115-129, 132, 133, 135, 137-142,
55-26 144-191, 193-201, 203-215, 217-222, 224-236, 238-245, 247-257,
55-27 259-271, 273-282, and 284-354.
56-1 SECTION 109. This Act takes effect September 1, 1997.
56-2 SECTION 110. (a) A change in law made by this Act that
56-3 relates to an offense or penalty applies only to an offense
56-4 committed on or after September 1, 1997. For purposes of this
56-5 section, an offense is committed before September 1, 1997, if any
56-6 element of the offense occurs before that date.
56-7 (b) An offense committed before September 1, 1997, is
56-8 covered by the law in effect when the offense was committed, and
56-9 the former law is continued in effect for that purpose.
56-10 SECTION 111. A rule adopted by the Parks and Wildlife
56-11 Commission before September 1, 1997, is not invalid because the
56-12 rule conflicts with a provision of the Parks and Wildlife Code that
56-13 was in effect at the time the rule was adopted and that is repealed
56-14 by this Act. A rule adopted before September 1, 1997, that
56-15 conflicts with a provision in effect at the time the rule was
56-16 adopted and repealed by this Act may not take effect before
56-17 September 1, 1997.
56-18 SECTION 112. The importance of this legislation and the
56-19 crowded condition of the calendars in both houses create an
56-20 emergency and an imperative public necessity that the
56-21 constitutional rule requiring bills to be read on three several
56-22 days in each house be suspended, and this rule is hereby suspended.