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79R2885 KCR-F
By: Hilderbran H.B. No. 2940
A BILL TO BE ENTITLED
AN ACT
relating to stamps for migratory and upland game bird hunting.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 43, Parks and Wildlife Code, is amended
by adding Subchapter S to read as follows:
SUBCHAPTER S. MIGRATORY AND UPLAND GAME BIRD STAMPS
Sec. 43.651. DEFINITIONS. In this subchapter:
(1) "Migratory game bird" means:
(A) a wild duck of any species;
(B) a wild goose of any species;
(C) a wild brant of any species;
(D) a wild coot;
(E) a mourning dove;
(F) a white-winged dove;
(G) a white-tipped dove;
(H) a Wilson's snipe;
(I) an American woodcock;
(J) a sandhill crane;
(K) a gallinule;
(L) a moorhen;
(M) a king rail;
(N) a clapper rail;
(O) a sora rail;
(P) a Virginia rail; or
(Q) any other species of bird that the commission
by rule designates as a migratory game bird.
(2) "Upland game bird" means:
(A) a wild turkey of any species or sub-species;
(B) a northern bobwhite;
(C) a scaled or blue quail;
(D) a Gambel's quail;
(E) a Montezuma quail;
(F) a ring-necked pheasant;
(G) a lesser prairie chicken; or
(H) a chachalaca.
Sec. 43.652. MIGRATORY OR UPLAND GAME BIRD STAMP REQUIRED.
(a) Except as provided by Subsection (b), a person may not hunt a
migratory or upland game bird in this state unless the person has
acquired a migratory or upland game bird stamp, as applicable,
issued to the person by the department. The commission by rule may
adopt requirements relating to possessing a stamp required by this
subchapter.
(b) The commission by rule may exempt a person or class of
persons from the stamp requirement of this section.
Sec. 43.653. HUNTING LICENSE REQUIRED. The acquisition of
a migratory or upland game bird stamp does not authorize a person to
hunt a migratory or upland game bird without having acquired a
hunting license as provided by Chapter 42 or to hunt a migratory or
upland game bird at any time or by means not otherwise authorized by
this code.
Sec. 43.654. DESIGN AND ISSUANCE OF STAMPS. (a) The
department may issue a migratory or upland game bird stamp to any
person on payment to the department of $7, or an amount set by the
commission, whichever amount is greater.
(b) The commission may issue and sell a collectors edition
of migratory or upland game bird stamps that does not authorize
hunting. The commission shall set the fee for a stamp issued under
this subsection.
(c) The department may authorize the use of the image of a
stamp issued under this subchapter for products offered to the
public for sale and not for the purpose of authorizing hunting. The
department shall receive a reasonable royalty payment for the sale
of any stamp products sold under this subsection.
(d) The commission by rule shall prescribe the form, design,
and manner of issuance of a stamp under this subchapter. The
department retains all rights to the design.
(e) The commission may contract with and pay a person for
designing, producing, and marketing a stamp.
(f) The commission by rule may prescribe alternate
requirements for identifying the purchaser of a stamp issued in an
automated manner.
(g) A stamp issued under this subchapter is valid for
hunting 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.
Sec. 43.655. MIGRATORY GAME BIRD STAMP FUND. (a) The
migratory game bird stamp fund is a dedicated account in the general
revenue fund.
(b) The fund consists of the net proceeds from:
(1) the issuance of migratory game bird stamps;
(2) the amount allocated by the department to the fund
if migratory game bird stamps are issued as part of a combination
license under Chapter 50;
(3) the sale of collectors editions of migratory game
bird stamps, if issued under Section 43.654(b);
(4) payments, including royalty payments, received
for the use of the migratory game bird stamp image authorized under
Section 43.654(c); and
(5) interest and other earnings from the investment of
money in the fund under Subsection (c).
(c) The comptroller shall invest money in the fund in
accordance with state law.
(d) Any money in the fund not used in a fiscal year remains
in the fund. The fund is exempt from the application of Section
403.095, Government Code.
Sec. 43.656. USES OF MONEY IN THE MIGRATORY GAME BIRD STAMP
FUND. (a) Money in the fund may be used only for:
(1) management of and research concerning migratory
game birds;
(2) acquisition, lease, or development of migratory
game bird habitats; and
(3) contracts, donations, and grants under Section
43.659.
(b) The department may not spend more than one-third of the
amount credited to the fund during the fiscal year on salaries and
benefits of employees working on species-related projects.
(c) The department shall allocate money in the migratory
game bird stamp fund in a manner that addresses the needs of
migratory birds in this state.
Sec. 43.657. UPLAND GAME BIRD STAMP FUND. (a) The upland
game bird stamp fund is a dedicated account in the general revenue
fund.
(b) The fund consists of the net proceeds from:
(1) the issuance of upland game bird stamps;
(2) the amount allocated by the department to the fund
if upland game bird stamps are issued as part of a combination
license under Chapter 50;
(3) the sale of collectors editions of upland game
bird stamps, if issued under Section 43.654(b);
(4) payments, including royalty payments, received
for the use of the upland game bird stamp image authorized under
Section 43.654(c); and
(5) interest and other earnings from the investment of
money in the fund under Subsection (c).
(c) The comptroller shall invest money in the fund in
accordance with state law.
(d) Any money in the fund not used in a fiscal year remains
in the fund. The fund is exempt from the application of Section
403.095, Government Code.
Sec. 43.658. USES OF MONEY IN THE UPLAND GAME BIRD STAMP
FUND. (a) Money in the fund may be used only for:
(1) management of and research concerning upland game
birds; and
(2) acquisition, lease, or development of upland game
bird habitats.
(b) The department may not spend more than one-third of the
amount credited to the fund during the fiscal year on salaries and
benefits of employees working on species-related projects.
(c) The department shall allocate money in the upland game
bird stamp fund in a manner that addresses the needs of upland game
birds in this state.
Sec. 43.659. CONTRACTS, DONATIONS, AND GRANTS. As allowed
under state and federal law, the department may make money
available to appropriate state, regional, national, and
international governmental and nonprofit organizations through
contracts, donations, and grants. The money may be used to acquire,
develop, and maintain migratory game bird propagation areas in the
United States, Canada, Mexico, or another country that provides
migratory habitat for the Central Flyway.
Sec. 43.660. REFUSAL TO SHOW STAMP OR PROOF OF EXEMPTION
ELIGIBILITY. A person hunting a migratory or upland game bird who
refuses on demand of any game warden or other peace officer to show
the applicable stamp, or proof that the person is exempt under
Section 43.652(b), is presumed to be in violation of Section
43.652.
Sec. 43.661. RECIPROCAL AGREEMENTS RELATING TO MIGRATORY
BIRDS. As provided by Chapter 41, the department may negotiate a
reciprocal agreement with a state that shares a common boundary
with this state if the neighboring state has a similar migratory
game bird stamp requirement and fee. The reciprocal agreement may
permit a resident of the state with which the reciprocal agreement
is made to hunt a migratory game bird in this state without a stamp
issued under this subchapter if the person possesses a stamp issued
by the other state.
Sec. 43.662. USE OF MONEY FROM ISSUANCE OF WHITE-WINGED
DOVE STAMP. (a) Any money deposited from the net receipts from
white-winged dove stamp sales under former Subchapter B deposited
in the game, fish, and water safety account under Section 11.032
shall remain in that account and be used only for:
(1) research, including surveys, and management for
the protection of white-winged doves; and
(2) the acquisition, lease, or development of
white-winged dove habitats in this state.
(b) This section expires September 1, 2009.
Sec. 43.663. USE OF MONEY FROM ISSUANCE OF WATERFOWL STAMP.
(a) Any money deposited from the net receipts from waterfowl stamp
sales under former Subchapter K deposited in the game, fish, and
water safety account under Section 11.032 shall remain in that
account and be used only for:
(1) research, management, and protection of
waterfowl;
(2) the acquisition, lease, or development of
waterfowl habitats in this state; and
(3) grants under Section 43.659.
(b) This section expires September 1, 2009.
Sec. 43.664. USE OF MONEY FROM ISSUANCE OF TURKEY STAMP.
(a) Any money deposited from the net receipts from turkey stamp
sales under former Subchapter J deposited in the game, fish, and
water safety account under Section 11.032 shall remain in that
account and be used only for:
(1) research, management, and protection of turkeys;
and
(2) the acquisition, lease, or development of turkey
habitats in this state.
(b) This section expires September 1, 2009.
Sec. 43.665. PENALTY. A person who violates Section 43.652
commits an offense that is a Class C Parks and Wildlife Code
misdemeanor.
SECTION 2. Section 11.032(b), Parks and Wildlife Code, is
amended to read as follows:
(b) The department shall deposit to the credit of the game,
fish, and water safety account all revenue, less allowable costs,
from the following sources:
(1) all types of fishing licenses and stamps and
shrimping licenses, except as provided by Section 77.120;
(2) all types of hunting licenses and stamps, except
as provided by Subchapter S, Chapter 43;
(3) trapping licenses and other licenses relating to
the taking, propagation, and sale of fur-bearing animals or their
pelts;
(4) sale of marl, sand, gravel, shell, and mudshell;
(5) oyster bed rentals and permits;
(6) federal funds received for fish and wildlife
research, management, development and conservation, resource
protection, and law enforcement, unless the funds are received for
the specific purposes of Subchapter F, Chapter 77;
(7) sale of property, less advertising costs,
purchased from this account or a special fund or account that is now
part of this account;
(8) fines and penalties collected for violations of a
law pertaining to the protection and conservation of wild birds,
wild fowl, wild animals, fish, shrimp, oysters, game birds and
animals, fur-bearing animals, alligators, and any other wildlife
resources of this state;
(9) sale of rough fish by the department;
(10) fees for importation permits;
(11) fees from supplying fish for or placing fish in
water located on private property;
(12) sale of seized pelts;
(13) sale or lease of grazing rights to and the
products from game preserves, sanctuaries, and management areas;
(14) contracts for the removal of fur-bearing animals
and reptiles from wildlife management areas;
(15) vessel registration fees;
(16) vessel manufacturer or dealer licensing fees;
(17) fines or penalties imposed by a court for
violation of water safety laws contained in Chapter 31 of this code;
(18) alligator hunter's or alligator buyer's licenses;
(19) sale of alligators or any part of an alligator by
the department;
(20) fees and revenue collected under Section
11.027(b) or (c) of this code that are associated with the
conservation of fish and wildlife;
(21) any other source provided by law; and
(22) vessel and outboard motor titling fees.
SECTION 3. Subchapters B, J, and K, Chapter 43, Parks and
Wildlife Code, are repealed.
SECTION 4. 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.