78(R) SB 1837 - Introduced version


                                                                                

78R6425 KCR-D

By:  Staples                                                      S.B. No. 1837



A BILL TO BE ENTITLED

AN ACT

relating to hunting and fishing stamps issued by the Parks and 
Wildlife Department; providing a penalty.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Chapter 43, Parks and Wildlife Code, is amended 
by adding Subchapter U to read as follows:

SUBCHAPTER U. FRESHWATER FISHING STAMP
	Sec. 43.801.  DEFINITION.  In this subchapter, "fresh water" 
has the meaning provided by Section 66.001.
	Sec. 43.802.  FRESHWATER FISHING STAMP REQUIRED.  (a)  
Except as provided by Subsection (b) or (c), no person may engage 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 department.  The commission by rule may adopt 
requirements relating to possessing the freshwater fishing stamp 
required by this subchapter.
	(b)  A person who is exempted from obtaining a fishing 
license under Chapter 46 is not required to obtain a freshwater 
fishing stamp.
	(c)  The commission by rule may exempt a person from the 
freshwater fishing stamp requirement of this section.
	Sec. 43.803.  FISHING LICENSE REQUIRED.  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.  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 STAMP.  (a)  The 
department may issue a freshwater fishing stamp to any person on the 
payment to the department of $5 or an amount set by the commission, 
whichever amount is greater.  The department may issue other 
editions of the stamp that are not valid for fishing at an amount 
set by the commission.  Except as provided by Subsection (d), a 
stamp must be signed on its face by the person using it for the stamp 
to be valid for fishing purposes.
	(b)  The commission by rule shall prescribe the form, design, 
and manner of issuance of the freshwater fishing stamp.  The 
department retains all reproduction rights to the design.
	(c)  The commission may contract with and pay a person for 
designing and producing the freshwater fishing stamp.
	(d)  The commission by rule may prescribe alternate 
requirements for identifying the purchaser of a freshwater fishing 
stamp issued in an automated manner.
	Sec. 43.805.  DISPOSITION OF STAMP FEES.  (a)  After 
deduction of any collection fee, the net receipts from freshwater 
fishing stamp sales shall be sent to the department.
	(b)  The net receipts from freshwater fishing stamp sales may 
be spent only for:
		(1)  the repair, maintenance, renovation, or 
replacement of freshwater fish hatcheries in this state; or
		(2)  the purchase of fish that are stocked into the 
public water of this state.
	Sec. 43.806.  EXPIRATION OF STAMP.  (a)  Except as provided 
by Subsection (b) or (c), 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.  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.  
The commission by rule may 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 a year.
	(b)  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)  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.  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.  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.  This subchapter 
expires September 1, 2014.
	SECTION 2.  Subchapters I, N, and Q, Chapter 43, Parks and 
Wildlife Code, are repealed.
	SECTION 3.  This Act takes effect September 1, 2004.