H.B. No. 1636




AN ACT

relating to residency in relation to a license or permit or certain 
hunting and catching restrictions of the Parks and Wildlife 
Department; providing a penalty.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Subchapter A, Chapter 11, Parks and Wildlife 
Code, is amended by adding Section 11.004 to read as follows:
	Sec. 11.004.  RULES RELATING TO RESIDENCY FOR HUNTING AND 
OTHER PURPOSES.  (a)  The commission by rule may prescribe the proof 
required to demonstrate residency in this state for the purpose of 
obtaining a license or permit issued by the department.
	(b)  In addition to any other rules adopted under Subsection 
(a), the commission may adopt rules relating to residency for the 
purposes of hunting or catching any animal in this state through the 
use of any device that remotely controls another device used to hunt 
or catch the animal.
	(c)  A rule described by Subsection (b) may prohibit a class 
or classes of persons from hunting or catching an animal in the 
manner described by Subsection (b) if the rule treats a class of 
persons in a substantially similar manner regardless of whether a 
person in the class is a resident or nonresident.  A person who 
violates a rule adopted under Subsection (b) commits an offense 
that is a Class A Parks and Wildlife misdemeanor, and each animal 
the person hunts or catches in violation of the rule is a separate 
offense.
	SECTION 2.  If H.B. No. 391, Acts of the 79th Legislature, 
Regular Session, 2005, or other legislation substantially similar 
to that Act becomes law, Sections 11.004(b) and (c), Parks and 
Wildlife Code, as added by this Act, are void and do not take 
effect.
	SECTION 3.  This Act takes effect immediately if it receives 
a vote of two-thirds of all the members elected to each house, as 
provided by Section 39, Article III, Texas Constitution.  If this 
Act does not receive the vote necessary for immediate effect, this 
Act takes effect September 1, 2005.




______________________________              ______________________________
 
   President of the Senate                               Speaker of the House      

	I certify that H.B. No. 1636 was passed by the House on May 
13, 2005, by the following vote:  Yeas 137, Nays 0, 1 present, not 
voting.

                                                  ______________________________
                                                     Chief Clerk of the House   

	I certify that H.B. No. 1636 was passed by the Senate on May 
25, 2005, by the following vote:  Yeas 31, Nays 0.

                                                  ______________________________
                                                     Secretary of the Senate    



APPROVED:  _____________________                                            
 
                   Date                                                      




 
          _____________________                                          
 
                 Governor