SRC-TAG, VRA H.B. 1989 78(R) BILL ANALYSIS
Senate Research CenterH.B. 1989
78R10119 KCR-DBy: Ellis, Dan (Staples)
Natural Resources
5/11/2003
Engrossed
DIGEST AND PURPOSE
In order to fund maintenance and construction of state freshwater fish
hatcheries, the Texas Parks and Wildlife Department (TPWD) has proposed
raising funds through the creation of a freshwater fishing stamp. H.B.
1989 creates an annual freshwater fishing stamp. This bill provides for
TPWD to set a $5 fee for the stamps, to be used to repair, maintain,
renovate, or replace hatcheries, as well as to purchase stock fish.
RULEMAKING AUTHORITY
Rulemaking authority is expressly granted to the Texas Parks and Wildlife
Commission in SECTION 1 (Section 43.802, 43.804, and 43.806, Parks and
Wildlife Code) of this bill.
SECTION BY SECTION ANALYSIS
SECTION 1. Amends Chapter 43, Parks and Wildlife Code, by adding
Subchapter U, as follows:
SUBCHAPTER U. FRESHWATER FISHING STAMP
Sec. 43.801. DEFINITIONS. Defines "fresh water."
Sec. 43.802. FRESHWATER FISHING STAMP REQUIRED. (a) Prohibits a person
from engaging in fishing in fresh water for sporting purposes in this
state unless the person has acquired a freshwater fishing stamp issued to
the person by the Texas Parks and Wildlife Department (TPWD), except as
provided by Subsection (b) or (c). Authorizes the Parks and Wildlife
Commission (commission) by rule to adopt requirements relating to
possessing the freshwater fishing stamp required by this subchapter.
(b) Provides that a person who is exempted from obtaining a fishing
license under Chapter 46 is not required to obtain a freshwater fishing
stamp.
(c) Authorizes the commission by rule to exempt a person from the
freshwater fishing stamp requirement of this section.
Sec. 43.803. FISHING LICENSE REQUIRED. Provides that the acquisition of
a freshwater fishing stamp does not authorize a person to fish in fresh
water for sporting purposes without having acquired a fishing license as
provided by Chapter 46. Provides that the acquisition of a freshwater
fishing stamp does not authorize a person to fish at any time or by any
means not otherwise authorized by this code.
Sec. 43.804. DESIGN AND ISSUANCE OF STAMPS. (a) Authorizes TPWD to
issue a freshwater fishing stamp to any person on the payment to TPWD of
$5. Provides that Subsection (e) is an exception to the requirement that
a stamp be signed on its face by the person using it for the stamp to be
valid for fishing purposes.
(b) Authorizes TPWD to issue a collectible freshwater stamp to any person
on the payment to the TPWD of $5. Provides that a collectible freshwater
stamp does not authorize a person to fish and is not valid for fishing
purposes.
(c) Requires the commission by rule to prescribe the form, design, and
manner of issuance of the freshwater fishing stamp. Provides that TPWD
retains all reproduction rights to the design.
(d) Authorizes the commission to contract with and pay a person for
designing and producing the freshwater fishing stamp or the collectible
freshwater fishing stamp.
(e) Authorizes the commission by rule to prescribe alternate requirements
for identifying the purchaser of a freshwater fishing stamp issued in
automated manner.
Sec. 43.805. DISPOSITION OF STAMP FEES. (a) Requires the net receipts
from freshwater fishing stamp sales, after deduction of any collection
fee, to be sent to TPWD.
(b) Authorizes the net receipts from freshwater fishing stamp sales to be
spent only for certain items.
Sec. 43.806. EXPIRATION OF STAMP. (a) Provides that a freshwater
fishing stamp is valid for fishing only during the yearly period for which
the stamp is issued, without regard to the date on which the stamp is
acquired, except as provided by Subsection (b) or (c). Provides that each
yearly period begins on September 1 of the year in which the stamp is
issued or another date set by the commission and extends through August 31
of the next year or another date set by the commission. Authorizes the
commission by rule to set the amount of a stamp fee for a stamp issued
during a transition period at an amount lower than prescribed in this
subchapter and provide for a stamp term for a transition period that is
shorter or longer than one year.
(b) Provides that a freshwater fishing stamp issued before September 1 or
another date set by the commission that does not expire until August 31 of
the next year or another date set by the commission is valid from the date
of issuance through August 31 of the next year or another date set by the
commission.
(c) Provides that a freshwater fishing stamp issued in conjunction with a
license issued under Section 46.005 or 46.0051 expires on the later of the
license expiration date or the date printed on the stamp.
Sec. 43.807. REFUSAL TO SHOW STAMP. Provides that a person fishing in
fresh water for sporting purposes who refuses on demand of any game
management officer or peace officer to show a freshwater fishing stamp or
proof that the person is exempt under Section 43.802(b) or a rule adopted
under that section is presumed to be in violation of Section 43.802.
Sec. 43.808. PENALTY. Provides that a person who violates Section 43.802
of this code is guilty of a Class C Parks and Wildlife Code misdemeanor.
Sec. 43.809. EXPIRATION OF SUBCHAPTER. Provides that this subchapter
expires September 1, 2014.
SECTION 2. Repealers: Subchapter N, Chapter 43, Parks and Wildlife Code
(Freshwater Trout Stamp), and Subchapter Q, Chapter 43, Parks and Wildlife
Code (Muzzleloader Hunting Stamp).
SECTION 3. Effective date: September 1, 2004.