By Capelo H.B. No. 1915
77R2701 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 by amending Subsection (a) and adding Subsection (c) to
1-7 read as follows:
1-8 (a) A license issued under this chapter is not required of a
1-9 person:
1-10 (1) who is a resident and whose birth date is before
1-11 September 1, 1930;
1-12 (2) who is a nonresident, if the person's birth date
1-13 is before September 1, 1930, and the person's state of residence
1-14 grants a similar age exemption to Texas residents;
1-15 (3) who is mentally disabled and who is engaging in
1-16 recreational fishing as part of medically approved therapy, and who
1-17 is fishing under the immediate supervision of personnel approved or
1-18 employed by a hospital, residence, or school for mentally disabled
1-19 persons; [or]
1-20 (4) who is mentally retarded and lives at home with
1-21 family members and who is engaged in recreational fishing under the
1-22 immediate supervision of a volunteer person who:
1-23 (A) holds a license issued under this chapter;
1-24 (B) is not a member of the family of the
2-1 mentally retarded person; and
2-2 (C) has the permission of the mentally retarded
2-3 person's family head or legal guardian to take the mentally
2-4 retarded person fishing; or
2-5 (5) who is participating in an event that is sponsored
2-6 or co-sponsored by the Texas Parks and Wildlife Department with the
2-7 approval of the Executive Director.
2-8 (c) A mentally retarded person who lives at home and is
2-9 engaged in recreational fishing under this section is not required
2-10 to carry identifying authorization of any kind.
2-11 SECTION 2. This Act takes effect immediately if it receives
2-12 a vote of two-thirds of all the members elected to each house, as
2-13 provided by Section 39, Article III, Texas Constitution. If this
2-14 Act does not receive the vote necessary for immediate effect, this
2-15 Act takes effect September 1, 2001.