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.