By: O'Day, Garcia Senate Sponsor-Hegar H.B. No. 3765
       (In the Senate - Received from the House April 27, 2007;
May 1, 2007, read first time and referred to Subcommittee on
Agriculture, Rural Affairs and Coastal Resources; May 19, 2007,
reported favorably from Committee on Natural Resources by the
following vote:  Yeas 11, Nays 0; May 19, 2007, sent to printer.)
 
 
A BILL TO BE ENTITLED
AN ACT
relating to the taking or unloading of fish in this state.
       BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
       SECTION 1.  Section 12.013, Parks and Wildlife Code, is
amended to read as follows:
       Sec. 12.013.  POWER TO TAKE WILDLIFE; FISH.  (a)  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.
       (b)  A person who is not an employee of the department who is
participating under the supervision of a department employee in a
program or event designated by the director as being conducted for
research or species propagation and as exempt from the normally
applicable size or bag limits may possess, take, transport, or
release any fish in this state to accomplish the intent of the
program or event.
       SECTION 2.  Sections 43.402(a) and (b), Parks and Wildlife
Code, are amended to read as follows:
       (a)  Except as provided by Subsection (b) or (c) of this
section, no person may engage in fishing in saltwater for sporting
purposes in this state, or unload in this state fish or other
aquatic life taken for sporting purposes from waters managed by the
Gulf of Mexico Fishery Management Council established under the
Fishery Conservation and Management Act of 1976 (16 U.S.C. Section
1801 et seq.), unless the person has acquired a saltwater
sportfishing stamp endorsement issued to the person by the
department. The commission by rule may prescribe requirements
relating to possessing a stamp endorsement required by this
subchapter.
       (b)  A person who is exempted from obtaining a fishing
license under Chapter 46 [of this code] is not required to obtain a
saltwater sportfishing stamp endorsement.
       SECTION 3.  Section 46.001, Parks and Wildlife Code, is
amended to read as follows:
       Sec. 46.001.  PROHIBITED ACTS.  No person may fish in the
public water of this state, or unload in this state fish or other
aquatic life taken for sporting purposes from waters managed by the
Gulf of Mexico Fishery Management Council established under the
Fishery Conservation and Management Act of 1976 (16 U.S.C. Section
1801 et seq.), unless he has acquired a fishing license issued under
this subchapter, except as provided by Sections 46.0012 and 46.002
[of this code]. The commission by rule may prescribe requirements
relating to possessing a license required by this subchapter.
       SECTION 4.  This Act takes effect September 1, 2007.
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