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.