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                                  * * * * *