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.