79R7392 KCR-D

By:  Lucio                                                        S.B. No. 1288


A BILL TO BE ENTITLED
AN ACT
relating to the duration of a hunting or fishing license, stamp, tag, or permit and to the fees paid by veterans for certain hunting or fishing licenses, stamps, tags, or permits. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Section 42.012(b), Parks and Wildlife Code, is amended to read as follows: (b) The commission may set a lower fee or waive the fee or license requirement for a resident who is under 17 years old, 65 years old or older, or participating in an event that is sponsored or co-sponsored by the Texas Parks and Wildlife Department with the approval of the executive director. The commission shall waive the fee for a resident who is a [qualified disabled] veteran. SECTION 2. Section 42.014, Parks and Wildlife Code, is amended to read as follows: Sec. 42.014. NONRESIDENT SPECIAL HUNTING LICENSE FEE. The fee for a nonresident special hunting license is $37.75 or an amount set by the commission, whichever amount is more. The commission shall waive the fee for a nonresident who is a veteran. SECTION 3. Section 42.0141, Parks and Wildlife Code, is amended to read as follows: Sec. 42.0141. GENERAL NONRESIDENT HUNTING LICENSE FEE. (a) Except as provided by Subsection (b), the [The] fee for a general nonresident hunting license is $100.75 or an amount set by the commission, whichever amount is more. (b) The commission shall waive the fee for a general nonresident hunting license for a nonresident who is a veteran. SECTION 4. Section 42.0142(b), Parks and Wildlife Code, is amended to read as follows: (b) The fee for a nonresident banded bird hunting license is an amount set by the commission. The commission shall waive the fee for a nonresident who is a veteran. SECTION 5. Section 42.0143, Parks and Wildlife Code, is amended to read as follows: Sec. 42.0143. NONRESIDENT FIVE-DAY SPECIAL HUNTING LICENSE. A nonresident five-day special hunting license is valid for five consecutive days. The fee for the license is set by the commission in an amount not to exceed 50 percent of the amount of the fee set for a nonresident special hunting license. The commission shall waive the fee for a nonresident who is a veteran. SECTION 6. Section 42.0144, Parks and Wildlife Code, is amended to read as follows: Sec. 42.0144. NONRESIDENT SPRING TURKEY HUNTING LICENSE FEE. The fee for a nonresident spring turkey hunting license is $75 or an amount set by the commission, whichever amount is more. The commission shall waive the fee for a nonresident who is a veteran. SECTION 7. Section 42.0175(a), Parks and Wildlife Code, is amended to read as follows: (a) A license issued under this chapter, other than a lifetime resident hunting license or a nonresident five-day special hunting license, is valid from the date of issuance through the day before the first anniversary of the date of issuance [only during the yearly period for which the license is issued without regard to the date on which a license is acquired. Each yearly period begins on September 1 or on another date set by the commission and extends through August 31 of the next year or another date set by the commission. A license issued under this chapter other than a nonresident five-day special hunting license that is issued before September 1 or another date set by the commission and 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 following year or another date set by the commission. The commission by rule may set the amount of a license fee for a license issued during a transition period at an amount lower than prescribed in this chapter and provide for a license term for a transition period that is shorter or longer than a year]. SECTION 8. Section 42.022(d), Parks and Wildlife Code, is amended to read as follows: (d) For purposes of this section, a license year begins on the date the license is issued [September 1 or another date set by the commission] and extends through the day before the first anniversary of that date [August 31 of the next year or another date set by the commission]. SECTION 9. Chapter 43, Parks and Wildlife Code, is amended by adding Subchapter A to read as follows:
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 43.001. EXEMPTIONS. A stamp required under this chapter is not required of a resident or nonresident who is a veteran. SECTION 10. Section 43.012(d), Parks and Wildlife Code, is amended to read as follows: (d) A stamp issued under this subchapter is valid for hunting from the date of issuance through the day before the first anniversary of the date of issuance [only during the yearly period for which the stamp is issued without regard to the date on which the stamp is acquired. A yearly period begins on September 1 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]. SECTION 11. Section 43.045, Parks and Wildlife Code, is amended to read as follows: Sec. 43.045. DURATION OF LICENSE. A hunting lease license is valid from the date of issuance through the day before the first anniversary of the date of issuance [for the period from September 1 or another date set by the commission through August 31 of the next year or another date set by the commission. The commission by rule may set the amount of a license fee for a license issued during a transition period at an amount lower than prescribed in this subchapter and provide for a license term for a transition period that is shorter or longer than a year]. SECTION 12. Section 43.0722(f), Parks and Wildlife Code, is amended to read as follows: (f) The private bird hunting area license is valid from the date of issuance through the day before the first anniversary of the date of issuance [from September 1 or another date set by the commission through August 31 of the next year or another date set by the commission. The commission by rule may set the amount of a license fee for a license issued during a transition period at an amount lower than prescribed in this subchapter and provide for a license term for a transition period that is shorter or longer than a year]. SECTION 13. Section 43.201(e), Parks and Wildlife Code, is amended to read as follows: (e) A stamp issued under this subchapter is valid for hunting from the date of issuance through the day before the first anniversary of the date of issuance [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 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]. SECTION 14. Section 43.252(e), Parks and Wildlife Code, is amended to read as follows: (e) A stamp issued under this subchapter is valid for hunting from the date of issuance through the day before the first anniversary of the date of issuance [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 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 for 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]. SECTION 15. Section 43.303(e), Parks and Wildlife Code, is amended to read as follows: (e) A stamp issued under this subchapter is valid for hunting from the date of issuance through the day before the first anniversary of the date of issuance [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 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 that is shorter or longer than a year]. SECTION 16. Section 43.355(b), Parks and Wildlife Code, is amended to read as follows: (b) A scientific breeder's permit is valid from the date of issuance through the day before the first anniversary of the date of issuance [only during the yearly period for which the permit is issued without regard to the date on which the permit is acquired. Each yearly period begins on September 1 or on another date set by the commission and extends through August 31 of the next year or another date set by the commission]. SECTION 17. Section 43.4035, Parks and Wildlife Code, is amended to read as follows: Sec. 43.4035. EXPIRATION OF STAMP. (a) Except as provided by Subsection (b) [or (c)], a stamp issued under this subchapter is valid for fishing from the date of issuance through the day before the first anniversary of the date of issuance [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 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 saltwater sportfishing stamp issued before September 1 or another date set by the commission that does not expire until August 31 of the following year or another date set by the commission is valid from the date of issuance through August 31 of the following year or another date set by the commission. [(c)] A saltwater sportfishing stamp issued in conjunction with a license issued under Section 46.005 or 46.0051 of this code expires at the same time the license expires or on the first anniversary of the date of issuance of [expiration date printed on] the stamp, whichever is later. SECTION 18. Section 43.806, Parks and Wildlife Code, is amended to read as follows: Sec. 43.806. EXPIRATION OF STAMP. (a) Except as provided by Subsection (b) [or (c)], a freshwater fishing stamp is valid for fishing from the date of issuance through the day before the first anniversary of the date of issuance [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 one 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 first anniversary of the date of issuance of [date printed on] the stamp. SECTION 19. Section 44.003, Parks and Wildlife Code, is amended to read as follows: Sec. 44.003. GAME BREEDER'S LICENSE. The department shall issue a game breeder's license on payment of a license fee of $10 or an amount set by the commission, whichever amount is more. The license is valid from the date of issuance through the day before the first anniversary of the date of issuance [for a yearly period. Each yearly period begins on September 1 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 license fee for a license issued during a transition period at an amount lower than prescribed in this section and provide for a license term for a transition period that is shorter or longer than a year]. SECTION 20. Section 45.002(c), Parks and Wildlife Code, is amended to read as follows: (c) A license is valid from the date of issuance through the day before the first anniversary of the date of issuance [for a yearly period. Each yearly period begins on September 1 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 license fee for a license issued during a transition period at an amount lower than prescribed in this section and provide for a license term for a transition period that is shorter or longer than a year]. SECTION 21. Sections 46.004(c) and (e), Parks and Wildlife Code, are amended to read as follows: (c) The commission shall waive the fee for a resident who is a [qualified disabled] veteran [as defined by Section 42.012]. (e) The nonresident fishing license fee is $15 or an amount set by the commission, whichever amount is more. The commission shall waive the fee for a nonresident who is a veteran. SECTION 22. Sections 46.007(a), (d), (e), and (f), Parks and Wildlife Code, are amended to read as follows: (a) Except as provided by Subsections (b), (c), (d), and (e)[, and (f) of this section], a license required or authorized by this subchapter is valid from the date of issuance through the day before the first anniversary of the date of issuance [only during the yearly period for which it is issued without regard to the date on which the license is acquired. Each yearly period begins on September 1 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 license fee for a license issued during a transition period at an amount lower than prescribed in this section and provide for a license term for a transition period that is shorter or longer than a year]. (d) [A license issued under Section 46.004 of this code that is issued before September 1 or another date set by the commission and does not expire until August 31 of the following year or another date set by the commission is valid from the date of issuance through August 31 of the following year or another date set by the commission. [(e)] A lifetime resident fishing license is valid for the lifetime of the license holder. (e) [(f)] A duplicate license is valid for the period of validity of the original license only. SECTION 23. Section 46.104, Parks and Wildlife Code, is amended to read as follows: Sec. 46.104. LICENSE: PERIOD OF VALIDITY AND FEE. (a) A Lake Texoma fishing license is valid from the date of issuance through the day before the first anniversary of the [until December 31 following its] date of issuance. (b) Except as provided by this subsection, the [The] fee for the license is $5.75 or an amount set by the commission, whichever amount is more. The commission shall waive the fee for a resident or nonresident who is a veteran. SECTION 24. Section 46.105(b), Parks and Wildlife Code, is amended to read as follows: (b) Except as provided by this subsection, the [The] fee for the license is $1.25 or an amount set by the commission, whichever amount is more. The commission shall waive the fee for a resident or nonresident who is a veteran. SECTION 25. Section 47.031(a), Parks and Wildlife Code, is amended to read as follows: (a) All licenses and permits issued under the authority of Chapter 47 of this code are valid from the date of issuance through the day before the first anniversary of the date of issuance [only during the yearly period for which they are issued without regard to the date on which the licenses are acquired. Each yearly period begins on September 1 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 license fee for a license issued during a transition period at an amount lower than prescribed in this chapter and provide for a license term for a transition period that is shorter or longer than a year]. SECTION 26. Section 47.078, Parks and Wildlife Code, is amended to read as follows: Sec. 47.078. EXPIRATION OF LICENSE. A license required by this subchapter is valid from the date of issuance through the day before the first anniversary of the date of issuance [only during the period for which it is issued without regard to the date on which the license is acquired. Each period is one year beginning on September 1 or another date set by the commission]. SECTION 27. Section 50.001(c), Parks and Wildlife Code, is amended to read as follows: (c) The commission shall establish combination licenses or license packages for hunting, fishing, and other activities. The commission may set fees for those combination licenses or license packages. The fees set for combination licenses or license packages shall be less than the fees for the individual licenses, permits, or stamps that are combined in the combination licenses or license packages. The commission shall waive the fees for combination licenses or license packages for residents and nonresidents who are veterans. SECTION 28. Section 50.0021, Parks and Wildlife Code, is amended to read as follows: Sec. 50.0021. EXPIRATION OF LICENSES. (a) Except as provided by Subsection [Subsections] (b) [and (c) of this section], a license required or authorized by this chapter is valid from the date of issuance through the day before the first anniversary of the date of issuance [only during the yearly period for which the license is issued without regard to the date on which the license is acquired. Each yearly period begins on September 1 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 license fee for a license issued during a transition period at an amount lower than prescribed in this chapter and provide for a license term for a transition period that is shorter or longer than a year]. (b) [A license issued under the authority of this chapter that is issued before September 1 or another date set by the commission and does not expire until August 31 or another date set by the commission of the following year is valid from the date of issuance through August 31 of the following year or another date set by the commission. [(c)] A lifetime resident combination hunting and fishing license is valid for the lifetime of the license holder. SECTION 29. Section 62.064, Parks and Wildlife Code, is amended to read as follows: Sec. 62.064. FEE FOR HUNTING. The commission may set a reasonable fee to be collected for hunting in state parks, forts, and sites. The commission shall waive the fee for a person who is a veteran. SECTION 30. Section 65.007, Parks and Wildlife Code, is amended to read as follows: Sec. 65.007. LICENSE FEES. (a) The fees for the licenses issued under this chapter are in the following amounts or in amounts set by the commission, whichever amounts are more: (1) $25 for a resident alligator hunter's license; and (2) $50 for a nonresident alligator hunter's license. (b) The commission shall waive the fee for a license issued under this chapter for a resident or nonresident who is a veteran. SECTION 31. Section 65.0071, Parks and Wildlife Code, is amended to read as follows: Sec. 65.0071. EXPIRATION OF LICENSES. A license issued under this chapter is valid from the date of issuance through the day before the first anniversary of the date of issuance [only during the yearly period for which the license is issued without regard to the date on which the license is acquired. Each yearly period begins on September 1 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 license fee for a license issued during a transition period at an amount lower than prescribed in this chapter and provide for a license term for a transition period that is shorter or longer than a year]. SECTION 32. Section 66.017(a), Parks and Wildlife Code, is amended to read as follows: (a) All licenses, tags, and permits issued under the authority of Chapter 66 [of this code] are valid from the date of issuance through the day before the first anniversary of the date of issuance [only during the yearly period for which they are issued without regard to the date on which the licenses are acquired. Each yearly period begins on September 1 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 license fee for a license issued during a transition period at an amount lower than prescribed in this chapter and provide for a license term for a transition period that is shorter or longer than a year]. SECTION 33. Section 66.206(c), Parks and Wildlife Code, is amended to read as follows: (c) A trotline tag shall be attached to each 300 feet of trotline or fractional part of 300 feet. The department shall collect a fee of $2 for each tag issued or an amount set by the commission, whichever amount is more. The commission shall waive the fee for a person who is a veteran. SECTION 34. Section 71.009, Parks and Wildlife Code, is amended to read as follows: Sec. 71.009. LICENSE FEES. (a) Except as provided by Subsection (b), the [The] fee for a license authorized by this chapter is in the following amount or an amount set by the commission, whichever amount is more: (1) $10.75 for a resident trapper's license; (2) $200.75 for a nonresident trapper's license; (3) $50.75 for a resident retail fur buyer's license; (4) $200.75 for a nonresident retail fur buyer's license; (5) $100.75 for a resident wholesale fur dealer's license; (6) $400.75 for a nonresident wholesale fur dealer's license; and (7) $50.75 for a fur-bearing animal propagation permit. (b) The commission shall waive the fee under Subsection (a)(1) or (2) for a resident or nonresident who is a veteran. SECTION 35. Section 71.010, Parks and Wildlife Code, is amended to read as follows: Sec. 71.010. LICENSE PERIOD. The license period for licenses issued under this chapter is from the date of issuance through the day before the first anniversary of the date of issuance [September 1 or another date set by the commission through August 31 of the next year or another date set by the commission, and a license is current and valid only for the license period for which it is issued. The commission by rule may set the amount of a license fee for a license issued during a transition period at an amount lower than prescribed in this chapter and provide for a license term for a transition period that is shorter or longer than a year]. SECTION 36. Section 76.1031(a), Parks and Wildlife Code, is amended to read as follows: (a) All licenses issued under the authority of Chapter 76 [of this code] are valid from the date of issuance through the day before the first anniversary of the date of issuance [only during the yearly period for which they are issued without regard to the date on which the licenses are acquired. Each yearly period begins on September 1 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 license fee for a license issued during a transition period at an amount lower than prescribed in this chapter and provide for a license term for a transition period that is shorter or longer than a year]. SECTION 37. Sections 76.104(b) and (f), Parks and Wildlife Code, are amended to read as follows: (b) Except as provided by Subsection (f) of this section, the fee for a sport oyster boat license is $10 or an amount set by the commission, whichever amount is more. The commission shall waive the fee for a person who is a veteran. (f) The fee for a sport oyster boat license for a boat that is not numbered under Chapter 31 of this code or does not have a certificate of documentation issued by the United States Coast Guard that lists an address in Texas for the boat owner or other criteria established by the commission is $40 or an amount set by the commission, whichever amount is more. The commission shall waive the fee for a person who is a veteran. SECTION 38. Section 77.0361(a), Parks and Wildlife Code, is amended to read as follows: (a) All licenses issued under the authority of Chapter 77 [of this code] are valid from the date of issuance through the day before the first anniversary of the date of issuance [only during the yearly period for which they are issued without regard to the date on which the licenses are acquired. Each yearly period begins on September 1 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 license fee for a license issued during a transition period at an amount lower than prescribed in this chapter and provide for a license term for a transition period that is shorter or longer than a year]. SECTION 39. Sections 77.048(b) and (c), Parks and Wildlife Code, are amended to read as follows: (b) The fee for the individual bait-shrimp trawl license is $15 or an amount set by the commission, whichever amount is more. The commission shall waive the fee for a person who is a veteran. (c) The individual bait-shrimp trawl license expires on the first anniversary of [August 31 following] the date of issuance. SECTION 40. Section 78.002(b), Parks and Wildlife Code, is amended to read as follows: (b) The license form shall be prescribed by the department and shall designate the water in which the licensee may operate. All licenses issued under the authority of Chapter 78 [of this code] are valid from the date of issuance through the day before the first anniversary of the date of issuance [only during the yearly period for which they are issued without regard to the date on which the licenses are acquired. Each yearly period begins on September 1 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 license fee for a license issued during a transition period at an amount lower than prescribed in this chapter and provide for a license term for a transition period that is shorter or longer than a year]. SECTION 41. Section 78.108, Parks and Wildlife Code, is amended to read as follows: Sec. 78.108. EXPIRATION OF LICENSE. A license required by this subchapter is valid from the date of issuance through the day before the first anniversary of the date of issuance [only during the period for which it is issued without regard to the date on which the license is acquired. Each period is one year beginning on September 1 or another date set by the commission]. SECTION 42. Section 42.012(c), Parks and Wildlife Code, is repealed. SECTION 43. The changes in law made by this Act apply only to a license, stamp, tag, or permit issued by the Parks and Wildlife Department on or after September 1, 2006. SECTION 44. This Act takes effect September 1, 2005.