76R10583 WP-D                           
         By Turner of Coleman, West                             H.B. No. 857
         Substitute the following for H.B. No. 857:
         By Cook                                            C.S.H.B. No. 857
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to allowing for release and recapture of pen-reared game
 1-3     birds for training hunting dogs; providing a penalty.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1.  Chapter 64, Parks and Wildlife Code, is amended
 1-6     by adding Subchapter D to read as follows:
 1-7                  SUBCHAPTER D.  TRAINING BIRD HUNTING DOGS
 1-8           Sec. 64.031.  DEFINITION.  In this subchapter, "pen-reared
 1-9     quail" means all varieties of quail listed in Section 64.001 that
1-10     may be hunted as provided by this code and that are propagated or
1-11     acquired under Chapter 45.
1-12           Sec. 64.032.  QUAIL IN CAPTIVITY; BANDING.  (a)  All
1-13     pen-reared quail released for the purpose of training bird hunting
1-14     dogs shall be banded with a metal or plastic band before release.
1-15           (b)  The department may not by rule prescribe any requirement
1-16     for the banding of pen-reared quail.
1-17           (c)  The band must permanently remain on each bird used under
1-18     this subchapter.
1-19           (d)  The department may require a person who releases
1-20     pen-reared quail under this subchapter to provide proof of purchase
1-21     of the pen-reared quail to a game warden.
1-22           Sec. 64.033.  RELEASE AND RECAPTURE.  (a)  A person may
1-23     release pen-reared quail under this subchapter to train bird
1-24     hunting dogs.
 2-1           (b)  The release of pen-reared quail to train bird hunting
 2-2     dogs may take place only on private property.
 2-3           (c)  Pen-reared quail released to train bird hunting dogs may
 2-4     be recaptured.
 2-5           (d)  No person may release and recapture pen-reared quail
 2-6     under this subchapter unless the person holds a bird dog trainer
 2-7     license.
 2-8           (e)  Any nonbanded quail that is captured must be immediately
 2-9     released into the wild.
2-10           (f)  A device used to recapture banded pen-reared quail must
2-11     have a tag attached to it that is constructed of material that is
2-12     as durable as the device.  The tag must be legible and contain the
2-13     name, physical address, phone number, and bird dog trainer license
2-14     number of the licensee.
2-15           Sec. 64.034.  ISSUANCE OF LICENSE; FEE; VALIDITY.  (a)  The
2-16     department shall issue a license for training bird hunting dogs
2-17     with pen-reared quail under this subchapter.
2-18           (b)  The license shall be issued in the name of the person
2-19     who will train bird hunting dogs.
2-20           (c)  The commission shall set the fee for a bird dog trainer
2-21     license at an amount necessary to recover the administrative costs
2-22     incurred by the department in issuing the license.
2-23           (d)  A bird dog trainer license is valid in any county in the
2-24     state.
2-25           (e)  The bird dog trainer license is valid from September 1
2-26     or another date set by the commission through August 31 of the next
2-27     year or another date set by the commission.  The commission by rule
 3-1     may set the amount of a license fee for a license issued during a
 3-2     transition period at an amount lower than the amount prescribed
 3-3     under Subsection (c) and provide for a license term for a
 3-4     transition period that is shorter or longer than a year.
 3-5           (f)  An application for a bird dog trainer license must be on
 3-6     a form supplied by the department and must include the name and
 3-7     address of the applicant.
 3-8           (g)  A bird dog trainer license must be on a form prescribed
 3-9     by the department.
3-10           Sec. 64.035.  HARMING PEN-REARED QUAIL.  No person may
3-11     intentionally harm or kill pen-reared quail released under this
3-12     subchapter.
3-13           Sec. 64.036.  PENALTY.  A person who violates this subchapter
3-14     or a rule adopted under this subchapter commits an offense that is
3-15     a Class C Parks and Wildlife Code misdemeanor.
3-16           SECTION 2.  This Act takes effect September 1, 1999.
3-17           SECTION 3.  The importance of this legislation and the
3-18     crowded condition of the calendars in both houses create an
3-19     emergency and an imperative public necessity that the
3-20     constitutional rule requiring bills to be read on three several
3-21     days in each house be suspended, and this rule is hereby suspended.