By: Estes S.B. No. 1192
A BILL TO BE ENTITLED
AN ACT
relating to stamps for migratory and upland game bird hunting;
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 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 any bird listed in
Section 64.021 and includes any other species of migratory bird
that the commission by rule designates as a migratory game bird.
(2) "Upland game bird" means any bird listed in
Section 64.001.
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
possesses the appropriate 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 possession of
either a migratory or upland game bird stamp does not authorize a
person to hunt a migratory or upland game bird:
(1) without possessing a hunting license as provided
by Chapter 42; or
(2) 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 per stamp.
(b) The commission may issue and sell a collector's edition
of the 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. DISPOSITION OF MIGRATORY GAME BIRD STAMP NET
PROCEEDS. (a) The migratory game bird stamp net proceeds shall be
deposited to the credit of the game, fish, and water safety account
under Section 11.032 and may be used only for the purposes specified
in Section 43.656.
(b) Net proceeds from the migratory game bird stamp consist
of:
(1) proceeds from the issuance of migratory game bird
stamps;
(2) the amount allocated by the department from the
net proceeds of a combination license if migratory game bird stamps
are issued as part of a combination license under Chapter 50;
(3) proceeds from the sale of collector's 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
remaining net proceeds under Subsection (c).
(c) The comptroller shall invest the remaining net
proceeds, if any, in accordance with state law.
(d) Any net proceeds under this section not used in a fiscal
year remain in the game, fish, and water safety account and are
exempt from the application of Section 403.095, Government Code.
Sec. 43.656. USES OF NET PROCEEDS FROM MIGRATORY GAME BIRD
STAMP. (a) Net proceeds from the migratory game bird stamp 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 shall use the net proceeds from the
migratory game bird stamp in a manner that addresses the needs of
migratory birds in this state.
Sec. 43.657. DISPOSITION OF UPLAND GAME BIRD STAMP NET
PROCEEDS. (a) The upland game bird stamp net proceeds shall be
deposited to the credit of the game, fish, and water safety account
under Section 11.032 and may be used only for the purposes specified
in Section 43.658.
(b) Net proceeds from the upland game bird stamp consist of:
(1) proceeds from the issuance of upland game bird
stamps;
(2) the amount allocated by the department from the
net proceeds of a combination license if upland game bird stamps are
issued as part of a combination license under Chapter 50;
(3) proceeds from the sale of collector's 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
remaining net proceeds under Subsection (c).
(c) The comptroller shall invest the remaining net
proceeds, if any, in accordance with state law.
(d) Any net proceeds under this section not used in a fiscal
year remain in the game, fish, and water safety account and are
exempt from the application of Section 403.095, Government Code.
Sec. 43.658. USES OF NET PROCEEDS FROM UPLAND GAME BIRD
STAMP. (a) Net proceeds from the upland game bird stamp may be
used only for:
(1) management of and research concerning upland game
birds;
(2) acquisition, lease, or development of upland game
bird habitats; and
(3) contracts, donations, and grants under Section
43.659.
(b) The department shall use the net proceeds from the
upland game bird stamp 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 in advance or by reimbursement 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 and upland
game bird habitat 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
GAME 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, conservation, surveys, and management
for all species of doves designated as migratory game birds; and
(2) the acquisition, lease, or development of dove
habitats in this state.
(b) This section expires September 1, 2010.
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 conservation 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, 2010.
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 conservation of wild
turkeys; and
(2) the acquisition, lease, or development of wild
turkey habitats in this state.
(b) This section expires September 1, 2010.
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. Subchapters B, J, and K, Chapter 43, Parks and
Wildlife Code, are repealed.
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, 2006.