By Capelo                                             H.B. No. 1915
         77R13410 SGA-D                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to an exemption from the requirement to have a fishing
 1-3     license for certain mentally retarded persons.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1. Section 46.002, Parks and Wildlife Code, is
 1-6     amended to read as follows:
 1-7           Sec. 46.002. EXEMPTIONS. (a)  A license issued under this
 1-8     chapter is not required of a person:
 1-9                 (1)  who is a resident and whose birth date is before
1-10     September 1, 1930;
1-11                 (2)  who is a nonresident, if the person's birth date
1-12     is before September 1, 1930, and the person's state of residence
1-13     grants a similar age exemption to Texas residents;
1-14                 (3)  who is mentally disabled and who is engaging in
1-15     recreational fishing as part of medically approved therapy, and who
1-16     is fishing under the immediate supervision of personnel approved or
1-17     employed by a hospital, residence, or school for mentally disabled
1-18     persons; [or]
1-19                 (4)  who is mentally retarded and is engaged in
1-20     recreational fishing under the immediate supervision of a person
1-21     who:
1-22                       (A)  holds a license issued under this chapter;
1-23     and
1-24                       (B)  has the permission of the mentally retarded
 2-1     person's family head or legal guardian to take the mentally
 2-2     retarded person fishing if the person is not a member of the family
 2-3     of the mentally retarded person; or
 2-4                 (5)  who is participating in an event that is sponsored
 2-5     or co-sponsored by the Texas Parks and Wildlife Department with the
 2-6     approval of the Executive Director.
 2-7           (b)  The mentally disabled person recreationally fishing
 2-8     under Subsection (a)(3) [this section] shall carry an authorization
 2-9     identifying the entity supplying the service.  This authorization
2-10     may be in the form of a tag that contains the name of the
2-11     sponsoring entity.
2-12           (c)  A mentally retarded person who is engaged in
2-13     recreational fishing under Subsection (a)(4) must carry a note from
2-14     a doctor stating that the person has been diagnosed as mentally
2-15     retarded.
2-16           SECTION 2.  This Act takes effect immediately if it receives
2-17     a vote of two-thirds of all the members elected to each house, as
2-18     provided by Section 39, Article III, Texas Constitution.  If this
2-19     Act does not receive the vote necessary for immediate effect, this
2-20     Act takes effect September 1, 2001.