1-1 By: Capelo (Senate Sponsor - Lucio) H.B. No. 1915
1-2 (In the Senate - Received from the House May 11, 2001;
1-3 May 11, 2001, read first time and referred to Committee on Natural
1-4 Resources; May 11, 2001, reported favorably by the following vote:
1-5 Yeas 6, Nays 0; May 11, 2001, sent to printer.)
1-6 A BILL TO BE ENTITLED
1-7 AN ACT
1-8 relating to an exemption from the requirement to have a fishing
1-9 license for certain mentally retarded persons.
1-10 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-11 SECTION 1. Section 46.002, Parks and Wildlife Code, is
1-12 amended to read as follows:
1-13 Sec. 46.002. EXEMPTIONS. (a) A license issued under this
1-14 chapter is not required of a person:
1-15 (1) who is a resident and whose birth date is before
1-16 September 1, 1930;
1-17 (2) who is a nonresident, if the person's birth date
1-18 is before September 1, 1930, and the person's state of residence
1-19 grants a similar age exemption to Texas residents;
1-20 (3) who is mentally disabled and who is engaging in
1-21 recreational fishing as part of medically approved therapy, and who
1-22 is fishing under the immediate supervision of personnel approved or
1-23 employed by a hospital, residence, or school for mentally disabled
1-24 persons; [or]
1-25 (4) who is mentally retarded and is engaged in
1-26 recreational fishing under the immediate supervision of a person
1-27 who:
1-28 (A) holds a license issued under this chapter;
1-29 and
1-30 (B) has the permission of the mentally retarded
1-31 person's family head or legal guardian to take the mentally
1-32 retarded person fishing if the person is not a member of the family
1-33 of the mentally retarded person; or
1-34 (5) who is participating in an event that is sponsored
1-35 or co-sponsored by the Texas Parks and Wildlife Department with the
1-36 approval of the Executive Director.
1-37 (b) The mentally disabled person recreationally fishing
1-38 under Subsection (a)(3) [this section] shall carry an authorization
1-39 identifying the entity supplying the service. This authorization
1-40 may be in the form of a tag that contains the name of the
1-41 sponsoring entity.
1-42 (c) A mentally retarded person who is engaged in
1-43 recreational fishing under Subsection (a)(4) must carry a note from
1-44 a doctor stating that the person has been diagnosed as mentally
1-45 retarded.
1-46 SECTION 2. This Act takes effect immediately if it receives
1-47 a vote of two-thirds of all the members elected to each house, as
1-48 provided by Section 39, Article III, Texas Constitution. If this
1-49 Act does not receive the vote necessary for immediate effect, this
1-50 Act takes effect September 1, 2001.
1-51 * * * * *