79R7451 KCR-F
By: Hilderbran H.B. No. 2026
A BILL TO BE ENTITLED
AN ACT
relating to the taking and possession of certain wildlife or eggs,
including requirements related to taxidermy and tanning; imposing a
penalty.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 1.101, Parks and Wildlife Code, is
amended by adding Subdivision (5) to read as follows:
(5) "Take," except as otherwise provided by this code,
means collect, hook, hunt, net, shoot, or snare, by any means or
device, and includes an attempt to take or to pursue in order to
take.
SECTION 2. Section 12.013, Parks and Wildlife Code, is
amended to read as follows:
Sec. 12.013. POWER TO TAKE WILDLIFE. An employee of the
department acting within the scope of the employee's authority may
possess, take, transport, release, and manage any of the wildlife
and fish in this state for investigation, propagation,
distribution, education, disease diagnosis or prevention, or
scientific purposes.
SECTION 3. Section 12.110, Parks and Wildlife Code, is
amended to read as follows:
Sec. 12.110. DISPOSITION OF CONFISCATED GAME. (a) The
department shall donate, whenever donation [same] is reasonably
practicable, any wild game animal, bird, fowl, [or] game fish, or
exotic animal that [which] is unlawfully killed, taken, shipped,
held in storage, or found in a public eating place to a charitable
institution, hospital, or person or persons.
(b) The expense of any cold storage or processing that may
be necessary for an unlawfully possessed game bird, fowl, animal,
[or] game fish, or exotic animal shall be assessed against the
violator on the violator's [his] conviction.
(c) The department and an enforcement officer of the
department who acts under this section are not liable in any civil
action for the seizure, sale, or donation of a game bird, other
fowl, animal, [or] game fish, or exotic animal.
(d) In this section, "exotic animal" has the meaning
assigned by Section 62.015.
SECTION 4. Section 12.409, Parks and Wildlife Code, is
amended to read as follows:
Sec. 12.409. SEPARATE OFFENSES. Each fish, bird, animal,
reptile, [or] amphibian, or egg or part of a fish, bird, animal,
reptile, [or] amphibian, or egg taken, possessed, killed, left to
die, imported, exported, offered for sale, sold, purchased,
attempted to be purchased, or retained in violation of any
provision of this code or a proclamation or regulation adopted
under this code constitutes a separate offense.
SECTION 5. Section 42.002(b), Parks and Wildlife Code, is
amended to read as follows:
(b) A resident possessing a valid [resident alligator
hunter's license,] resident trapper's license[,] or fur-bearing
animal propagation permit is not required to have a license issued
under this section to take or possess the species covered by the
license or permit.
SECTION 6. Section 42.005(c), Parks and Wildlife Code, is
amended to read as follows:
(c) A nonresident possessing a valid [nonresident alligator
hunter's license or] nonresident trapper's license is not required
to have a license issued under this section to take or possess the
species governed by the license.
SECTION 7. The heading to Section 43.073, Parks and
Wildlife Code, is amended to read as follows:
Sec. 43.073. [SIZE OF] AREA[;] LIMITATIONS AND[;] MARKINGS.
SECTION 8. Sections 43.073(a) and (c), Parks and Wildlife
Code, are amended to read as follows:
(a) A private bird hunting area must [may] consist of [not
more than 8,000] contiguous acreage owned by an individual,
partnership, firm, or corporation [acres].
(c) Signs must [shall] be placed at each entrance to a
private bird hunting area [and all corners] to identify clearly the
boundaries of each licensed area.
SECTION 9. Section 44.001, Parks and Wildlife Code, is
amended by adding Subdivision (3) to read as follows:
(3) "Game animal" means a pronghorn antelope, a
collared peccary or javelina, or a red or gray squirrel.
SECTION 10. Section 44.002, Parks and Wildlife Code, is
amended to read as follows:
Sec. 44.002. LICENSE REQUIREMENT. No person may sell,
place in captivity, or engage in the business of propagating any
game animal of this state unless the person [he] has obtained a
license issued under this chapter from the department.
SECTION 11. Section 44.005(b), Parks and Wildlife Code, is
amended to read as follows:
(b) The game breeder shall place a suitable permanent
[metal] tag bearing the game breeder's [his] serial number on the
ear of each pronghorn antelope or collared peccary or javelina held
in captivity [or sold] by the game breeder.
SECTION 12. Section 44.006, Parks and Wildlife Code, is
amended to read as follows:
Sec. 44.006. LICENSE PRIVILEGES. The holder of a valid game
breeder's license may:
(1) engage in the business of game breeding in the
immediate locality for which the license was issued; or
(2) sell or hold in captivity for the purpose of
propagation or sale a game animal [antelope, collared peccary, and
wild squirrels].
SECTION 13. Chapter 45, Parks and Wildlife Code, is amended
by adding Section 45.0001 to read as follows:
Sec. 45.0001. DEFINITIONS. In this chapter:
(1) "Game bird" has the meaning assigned by Section
64.001 and includes "migratory game birds."
(2) "Migratory game bird" has the meaning assigned by
Section 64.021.
SECTION 14. Section 45.001, Parks and Wildlife Code, is
amended to read as follows:
Sec. 45.001. LICENSE REQUIRED. No person may possess game
birds in captivity for the purpose of propagation or sale or sell
game bird eggs without first acquiring the proper license
authorized to be issued under this chapter.
SECTION 15. Section 45.003, Parks and Wildlife Code, is
amended by adding Subsection (c) to read as follows:
(c) A class 1 or class 2 commercial game bird breeder's
license is valid for selling game bird eggs in this state,
regardless of the number of eggs sold.
SECTION 16. The heading to Section 45.005, Parks and
Wildlife Code, is amended to read as follows:
Sec. 45.005. RECORDS OF LIVE BIRD AND EGG SALES.
SECTION 17. Section 45.005(a), Parks and Wildlife Code, is
amended to read as follows:
(a) No holder of a commercial game bird breeder's license
may sell a live game bird or game bird egg without issuing a written
document showing the name and serial number of the game bird
breeder, the name and address of the purchaser, and the kind or
species [description] and number of game birds or game bird eggs
sold. The document shall be delivered to the purchaser.
SECTION 18. Section 45.0061, Parks and Wildlife Code, is
amended to read as follows:
Sec. 45.0061. SOURCE OF GAME BIRDS. A person who is not
required to possess a commercial game bird breeder's license and
who is in possession of a live game bird, game bird egg, or part of a
dead game bird shall, on the request of a game warden commissioned
by the department, furnish to the warden a receipt showing the name
and street address of the person and the name and street address of
the source from which any live game bird, game bird egg, or part of a
dead game bird in the possession of the person was derived. The
receipt must also show the date of sale and the kind or species and
number of live game birds, game bird eggs, or parts of dead game
birds acquired. The failure or refusal to comply with this section
is a violation of this chapter.
SECTION 19. Section 45.007(b), Parks and Wildlife Code, is
amended to read as follows:
(b) No person may purchase a live game bird or game bird egg
except from a holder of a game bird breeder's license; however,
this subsection does not prohibit the purchase of live game birds or
game bird eggs [delivered by a common carrier] from a lawful source
outside the state.
SECTION 20. Sections 45.008(a) and (b), Parks and Wildlife
Code, are amended to read as follows:
(a) Each commercial game bird breeder shall maintain
records showing the numbers of game birds and game bird eggs
acquired, propagated, sold, and disposed of in any other manner.
The records must [shall] be on forms provided by the department and
must [shall] contain any other information required by the
department.
(b) During August of each year or another month set by the
commission, but before August 31 or another date established by the
commission, a commercial game bird breeder shall send to the
department a report showing the total number of game birds in the
possession of the breeder during the reporting period and
accounting for the acquisition and disposition of each game bird or
game bird egg purchased or sold. The reporting period is from
August 1 of the preceding year through July 31 of the current year
or another yearly period established by the commission.
SECTION 21. Section 62.003, Parks and Wildlife Code, is
amended by amending Subsection (a) and adding Subsection (c) to
read as follows:
(a) Except as provided in Subsections [Subsection] (b) and
(c) [of this section], no person may hunt from any type of aircraft
or airborne device, motor vehicle, powerboat, or sailboat, or from
any other floating device any wild bird or wild animal.
(c) A person, while on public water, may hunt alligators,
frogs, or turtles from a powerboat, sailboat, or other floating
device if the person has acquired the license or licenses, permits,
or tags required to take alligators, frogs, or turtles.
SECTION 22. Sections 62.023(a) and (c), Parks and Wildlife
Code, are amended to read as follows:
(a) If the owner of a lawfully taken game animal or game
bird, including the head [heads] or hide of a lawfully taken game
animal or game bird [hides] that has [have] been mounted or tanned,
has not claimed the game animal, game bird, head, or hide [them]
within 90 days after notification by a taxidermist or tanner, the
taxidermist or tanner may sell the mounted game animal, game bird,
or head or tanned hide [head or hides] for the amount due for labor
performed.
(c) A taxidermist or tanner selling a mounted game animal,
game bird, or head or tanned hide [heads or hides] under this
section shall maintain, until the second anniversary of the
completion of the taxidermy or tanning, documentation of the
identity of the person who left the game animal, game bird, head, or
hide for taxidermy or tanning. Documentation under this section
may include a hunting tag, wildlife resource document, or cold
storage record [report immediately the sale to the department. The
report must include the name of the person purchasing the head or
hides and a copy of the transportation affidavit regarding the
manner in which the head or hides were obtained].
SECTION 23. Section 62.068, Parks and Wildlife Code, is
amended to read as follows:
Sec. 62.068. ARREST. A peace officer, game warden
[management officer], or commissioned state park employee may
arrest without warrant a person found committing a violation of
this subchapter.
SECTION 24. Section 65.006, Parks and Wildlife Code, is
amended to read as follows:
Sec. 65.006. PERMIT [LICENSE] REQUIRED. [(a) No person may
take, attempt to take, or possess an alligator in this state unless
the person has acquired and possesses an alligator hunter's
license.
[(b)] No person for any purpose may possess, purchase, or
possess after purchase an alligator, an alligator hide, an
alligator egg, or any part of an alligator taken in this state
unless:
(1) the person has acquired and possesses a permit
issued by the department for that purpose; or
(2) a regulation of the commission otherwise allows
the possession or purchase without a permit.
SECTION 25. Section 71.001(1), Parks and Wildlife Code, is
amended to read as follows:
(1) "Fur-bearing animal" means wild beaver, otter,
mink, ring-tailed cat, badger, skunk, raccoon, muskrat, opossum,
fox, or nutria [, or civet cat].
SECTION 26. Section 102.021, Government Code, is amended to
read as follows:
Sec. 102.021. COURT COSTS ON CONVICTION. A person
convicted of an offense shall pay, in addition to all other costs:
(1) court costs on conviction of a felony (Sec.
133.102, Local Government Code) . . . $133;
(2) court costs on conviction of a Class A or Class B
misdemeanor (Sec. 133.102, Local Government Code) . . . $83;
(3) court costs on conviction of a nonjailable
misdemeanor offense, including a criminal violation of a municipal
ordinance, other than a conviction of an offense relating to a
pedestrian or the parking of a motor vehicle (Sec. 133.102, Local
Government Code) . . . $40;
(4) court costs on certain convictions in statutory
county courts (Sec. 51.702, Government Code) . . . $15;
(5) court costs on certain convictions in certain
county courts (Sec. 51.703, Government Code) . . . $15;
(6) a time payment fee if convicted of a felony or
misdemeanor for paying any part of a fine, court costs, or
restitution on or after the 31st day after the date on which a
judgment is entered assessing the fine, court costs, or restitution
(Sec. 133.103, Local Government Code) . . . $25;
(7) a fee for services of prosecutor (Art. 102.008,
Code of Criminal Procedure) . . . $25;
(8) fees for services of peace officer:
(A) issuing a written notice to appear in court
for certain violations (Art. 102.011, Code of Criminal
Procedure) . . . $5;
(B) executing or processing an issued arrest
warrant or capias (Art. 102.011, Code of Criminal
Procedure) . . . $50;
(C) summoning a witness (Art. 102.011, Code of
Criminal Procedure) . . . $5;
(D) serving a writ not otherwise listed (Art.
102.011, Code of Criminal Procedure) . . . $35;
(E) taking and approving a bond and, if
necessary, returning the bond to courthouse (Art. 102.011, Code of
Criminal Procedure) . . . $10;
(F) commitment or release (Art. 102.011, Code of
Criminal Procedure) . . . $5;
(G) summoning a jury (Art. 102.011, Code of
Criminal Procedure) . . . $5;
(H) attendance of a prisoner in habeas corpus
case if prisoner has been remanded to custody or held to bail (Art.
102.011, Code of Criminal Procedure) . . . $8 each day;
(I) mileage for certain services performed (Art.
102.011, Code of Criminal Procedure) . . . $0.29 per mile; and
(J) services of a sheriff or constable who serves
process and attends examining trial in certain cases (Art. 102.011,
Code of Criminal Procedure) . . . not to exceed $5;
(9) services of a peace officer in conveying a witness
outside the county (Art. 102.011, Code of Criminal
Procedure) . . . $10 per day or part of a day, plus actual
necessary travel expenses;
(10) overtime of peace officer for time spent
testifying in the trial or traveling to or from testifying in the
trial (Art. 102.011, Code of Criminal Procedure) . . . actual
cost;
(11) court costs on an offense relating to rules of the
road, when offense occurs within a school crossing zone (Art.
102.014, Code of Criminal Procedure) . . . $25;
(12) court costs on an offense of passing a school bus
(Art. 102.014, Code of Criminal Procedure) . . . $25;
(13) court costs on an offense of truancy or
contributing to truancy (Art. 102.014, Code of Criminal
Procedure) . . . $20;
(14) cost for visual recording of intoxication arrest
before conviction (Art. 102.018, Code of Criminal
Procedure) . . . $15;
(15) cost of certain evaluations (Art. 102.018, Code
of Criminal Procedure) . . . actual cost;
(16) additional costs attendant to certain
intoxication convictions under Chapter 49, Penal Code, for
emergency medical services, trauma facilities, and trauma care
systems (Art. 102.0185, Code of Criminal Procedure) . . . $100;
(17) cost for DNA testing for certain felonies (Art.
102.020, Code of Criminal Procedure) . . . $250;
(18) court cost on an offense of public lewdness or
indecent exposure (Art. 102.020, Code of Criminal
Procedure) . . . $50;
(19) court cost on conviction of a misdemeanor under
Subtitle C, Title 7, Transportation Code (Sec. 542.403,
Transportation Code) . . . $3;
(20) cost for impoundment of vehicle (Sec. 601.263,
Transportation Code) . . . $15 per day; [and]
(21) a civil and criminal enforcement cost on
conviction of an offense of, or related to, the nonpayment of a toll
in certain counties (Sec. 284.2031, Transportation Code) . . . $1;
and
(22) the cost of any cold storage or processing
necessary for an unlawfully possessed game bird, fowl, animal, game
fish, or exotic animal (Sec. 12.110, Parks and Wildlife
Code) . . . actual cost.
SECTION 27. The following laws are repealed:
(1) Section 61.901(c), Parks and Wildlife Code;
(2) Section 62.023(b), Parks and Wildlife Code;
(3) Section 65.007, Parks and Wildlife Code; and
(4) Section 71.004(b), Parks and Wildlife Code.
SECTION 28. (a) The changes in law made by Section 12.409,
Parks and Wildlife Code, as amended by this Act, and the repeal of
Section 61.901(c), Parks and Wildlife Code, by this Act apply only
to an offense committed on or after the effective date of this Act.
An offense committed before the effective date of this Act is
governed by the law in effect at the time the offense was committed,
and the former law is continued in effect for that purpose. For
purposes of this section, an offense was committed before the
effective date of this Act if any element of the offense was
committed before that date.
(b) The repeal of Section 65.007, Parks and Wildlife Code,
by this Act applies only to a license issued on or after September
1, 2006.
SECTION 29. 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.