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R E S O L U T I O N
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BE IT RESOLVED by the House of Representatives of the State of |
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Texas, 80th Legislature, Regular Session, 2007, That House Rule 13, |
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Section 9(a), be suspended in part as provided by House Rule 13, |
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Section 9(f), to enable the conference committee appointed to |
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resolve the differences on House Bill No. 12, relating to parks, |
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wildlife, hunting, and historic sites, the funding, powers, and |
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duties of the Parks and Wildlife Department, the Parks and Wildlife |
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Commission, and the Texas Historical Commission, and standards for |
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certain state law enforcement officers, and providing a criminal |
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penalty, to consider and take action on the following matters: |
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(1) House Rule 13, Section 9, is suspended to permit the |
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committee to add Section 614.152(a), Government Code, to read as |
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follows: |
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(a) Out of appropriated funds, each law enforcement agency |
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shall adopt physical fitness standards that a law enforcement |
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officer must meet to continue employment with the agency as a law |
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enforcement officer. The standards as applied to an officer must |
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directly relate to the officer's job duties. A law enforcement |
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agency shall use the services of a consultant to aid the agency in |
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developing the standards. |
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Explanation: The change is necessary to require a law |
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enforcement agency to use the services of a consultant to aid the |
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agency in developing the standards. |
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(2) House Rule 13, Section 9, is suspended to permit the |
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committee to amend Section 12.013, Parks and Wildlife Code, to read |
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as follows: |
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Sec. 12.013. POWER TO TAKE WILDLIFE; FISH. (a) An employee |
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of the department acting within the scope of the employee's |
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authority may possess, take, transport, release, and manage any of |
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the wildlife and fish in this state for investigation, propagation, |
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distribution, education, disease diagnosis or prevention, or |
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scientific purposes. |
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(b) A person who is not an employee of the department who is |
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participating under the supervision of a department employee in a |
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program or event designated by the director as being conducted for |
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research or species propagation and as exempt from the normally |
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applicable size or bag limits may possess, take, transport, or |
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release any fish in this state to accomplish the intent of the |
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program or event. |
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Explanation: The change is necessary to allow certain |
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persons participating in a state program or event related to fish to |
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possess, take, transport, or release any fish to accomplish the |
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intent of the program or event. |
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(3) House Rule 13, Section 9, is suspended to permit the |
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committee to amend Section 13.015, Parks and Wildlife Code, by |
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amending Subsection (b) and adding Subsections (a-1), (a-2), (b-1), |
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(b-2), and (b-3) to read as follows: |
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(a-1) The commission may waive the park entrance fee for a |
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person who is at least 70 years of age. The commission may not waive |
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the fee for use of a park facility, including a hook-up fee for |
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electricity or water. |
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(a-2) The department may promote visits and enhance revenue |
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at parks, including amounts necessary for salaries, advertising, |
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consumable supplies and materials, promotional products, fees, and |
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related expenses. |
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(b) The department may operate or grant contracts to operate |
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concessions in state parks or on causeways, beach drives, or other |
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improvements in connection with state park sites. The department |
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may make regulations governing the granting or operating of |
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concessions. The department may establish and operate staff |
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concessions, including salaries, consumable supplies and |
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materials, operating expenses, rental and other equipment, and |
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other capital outlays. |
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(b-1) The department may purchase products, including food |
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items, for resale or rental at a profit. |
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(b-2) The department shall operate any resale concession |
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program using standard business practice models to generate revenue |
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and provide quality customer service while adhering to conservation |
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principles. |
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(b-3) The department may recruit and select private service |
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providers to enter into leased concession contracts with the |
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department to provide necessary and appropriate visitor services. |
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Explanation: The change is necessary to expand and clarify |
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the Parks and Wildlife Department's authority relating to |
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concessions and admissions at state parks and other facilities |
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operated and maintained by the department. |
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(4) House Rule 13, Section 9, is suspended to permit the |
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committee to add Subchapter G, Chapter 31, Parks and Wildlife Code, |
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to read as follows: |
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SUBCHAPTER G. PARTY BOATS |
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Sec. 31.171. DEFINITIONS. In this subchapter: |
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(1) "Licensed party boat operator" means a person |
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issued a license by the department under this subchapter. |
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(2) "Party boat" means a vessel: |
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(A) operated by the owner of the vessel or an |
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employee of the owner; and |
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(B) rented or leased by the owner for a group |
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recreational event for more than six passengers. |
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Sec. 31.172. APPLICABILITY; EXCEPTION. (a) This |
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subchapter applies only to a party boat that operates on the inland |
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waters of this state. |
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(b) This subchapter does not apply to a boat that is less |
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than 30 feet in length or to a sailboat. |
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Sec. 31.173. PARTY BOAT OPERATOR AND STAFF. (a) Except as |
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provided by Subsection (c), the party boat owner shall provide |
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staff members, including a licensed party boat operator, who: |
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(1) operate and staff the party boat for the duration |
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of a rental or lease for a group recreational event as follows: |
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(A) for a boat with not more than 25 passengers, |
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one staff member who is an operator; |
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(B) for a boat with at least 26 but not more than |
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50 passengers, two staff members, including one operator; and |
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(C) for a boat with more than 50 passengers, |
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three staff members, including one operator; and |
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(2) have each successfully completed a boater safety |
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course approved under this chapter. |
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(b) At least one staff member on the boat must be certified |
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to conduct cardiopulmonary resuscitation. |
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(c) This section does not apply to a party boat rented or |
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leased for an overnight or longer period for which the owner, or the |
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owner's staff, does not intend to remain in constant possession, |
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command, and control of the party boat. |
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Sec. 31.174. BOAT REQUIREMENTS. A party boat: |
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(1) may not carry more than the maximum number of |
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passengers the boat may safely accommodate as determined by the |
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department on inspection; |
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(2) must have a direct and reliable communication |
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connection to the land-based office of the owner and law |
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enforcement and emergency services by cellular telephone or very |
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high frequency radio; and |
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(3) must pass an annual water safety inspection |
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conducted by the department or a person under contract with the |
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department. |
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Sec. 31.175. PASSENGER SAFETY INFORMATION; INSURANCE. (a) |
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The owner of a party boat shall provide each passenger with written |
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and verbal safety information and require each passenger to sign a |
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form acknowledging that the passenger reviewed and understands the |
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information. |
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(b) The verbal and written safety information must disclose |
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that no lifeguard is present on the party boat if there is not at |
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least one staff member on the boat who is certified as a lifeguard |
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by the American Red Cross, the American Lifeguard Association, or |
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another comparable nationally recognized organization. |
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(c) The owner of a party boat must obtain at least a minimum |
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amount of liability insurance from an insurer licensed to do |
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business in this state. The commission shall set the amount. |
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Sec. 31.176. PARTY BOAT OPERATOR LICENSE. (a) The |
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commission by rule shall establish, as necessary to protect the |
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public health and safety, the requirements and procedures for the |
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issuance and renewal of a party boat operator license under this |
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subchapter. |
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(b) Except as provided by Subsection (c), the rules for |
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obtaining a license as a party boat operator must require at a |
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minimum that the applicant: |
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(1) be at least 21 years of age; |
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(2) observe for at least four hours a licensed party |
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boat operator operating a party boat on open water; |
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(3) operate for at least four hours a party boat on |
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open water while being supervised and observed by a licensed party |
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boat operator; and |
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(4) pass a written examination covering onboard safety |
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procedures and the applicable provisions of this chapter. |
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(c) An applicant is not required to comply with Subsections |
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(b)(2) and (3) if the applicant has: |
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(1) at least 25 hours of experience operating a party |
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boat as shown by appropriate documentation; and |
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(2) no record of boating violations. |
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Sec. 31.177. FEES. (a) The commission by rule shall |
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establish and collect a reasonable fee for: |
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(1) the issuance of a party boat operator license |
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under this subchapter; and |
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(2) the annual water safety inspection of a party boat |
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required by this subchapter. |
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(b) A fee collected by the department under this subchapter |
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and any interest that accrues on the fee shall be deposited to the |
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credit of the game, fish, and water safety account established |
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under Section 11.032. |
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Sec. 31.178. DRUG AND ALCOHOL TESTING. If a party boat is |
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involved in an accident causing serious personal injury or death, |
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each staff member on board is subject to mandatory drug and alcohol |
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testing. |
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Sec. 31.179. ENFORCEMENT. (a) In addition to a game |
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warden, any peace officer of a municipality or other political |
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subdivision of this state who is certified as a marine safety |
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enforcement officer under Section 31.121 may enforce this |
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subchapter: |
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(1) in the area of a navigable body of water that is in |
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the jurisdiction of the municipality or other political |
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subdivision; or |
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(2) in any part of a lake that is partly or wholly |
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inside the boundaries of: |
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(A) the municipality or its extraterritorial |
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jurisdiction; or |
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(B) the political subdivision. |
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(b) A party boat is subject to enforcement inspections |
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conducted under Section 31.124. |
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Sec. 31.180. RULES. The commission shall adopt and enforce |
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rules necessary to implement this subchapter. |
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(b) Not later than January 1, 2008, the Parks and Wildlife |
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Commission shall adopt rules to implement Subchapter G, Chapter 31, |
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Parks and Wildlife Code, as added by this Act. |
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(c) Subchapter G, Chapter 31, Parks and Wildlife Code, as |
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added by this Act, applies only to the rental or lease of a party |
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boat on the public water of this state for a group recreational |
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event held on or after June 1, 2008. |
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Explanation: This change is necessary to regulate the |
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operation and safety of certain party boats through a fee, license, |
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and other requirements administered by the Parks and Wildlife |
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Department. |
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(5) House Rule 13, Section 9, is suspended to permit the |
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committee to amend Sections 43.402(a) and (b), Parks and Wildlife |
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Code, to read as follows: |
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(a) Except as provided by Subsection (b) or (c) of this |
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section, no person may engage in fishing in saltwater for sporting |
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purposes in this state, or unload in this state fish or other |
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aquatic life taken for sporting purposes from waters managed by the |
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Gulf of Mexico Fishery Management Council established under the |
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Fishery Conservation and Management Act of 1976 (16 U.S.C. Section |
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1801 et seq.), unless the person has acquired a saltwater |
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sportfishing stamp endorsement issued to the person by the |
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department. The commission by rule may prescribe requirements |
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relating to possessing a stamp endorsement required by this |
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subchapter. |
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(b) A person who is exempted from obtaining a fishing |
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license under Chapter 46 [of this code] is not required to obtain a |
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saltwater sportfishing stamp endorsement. |
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Explanation: The change is necessary to prohibit certain |
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persons from unloading fish or other aquatic life taken for |
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sporting purposes from waters managed by the Gulf of Mexico Fishery |
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Management Council. |
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(6) House Rule 13, Section 9, is suspended to permit the |
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committee to amend Chapter 43, Parks and Wildlife Code, by adding |
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Subchapter V, and to add SECTION 57 to the bill, to read as follows: |
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SUBCHAPTER V. NONINDIGENOUS SNAKE PERMIT |
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Sec. 43.851. PERMIT. (a) The commission by rule shall |
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establish permits that allow permit holders to possess or transport |
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in this state a live nonindigenous: |
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(1) venomous snake; or |
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(2) constrictor that is one of the following: |
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(A) African rock python, Python sebae; |
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(B) Asiatic rock python, Python molurus; |
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(C) green anaconda, Eunectes murinus; |
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(D) reticulated python, Python reticulatus; or |
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(E) southern African python, Python natalensis. |
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(b) The commission shall establish separate permits for |
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recreational and commercial purposes. |
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(c) A permit under this subchapter is not required for: |
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(1) a state or county official performing an official |
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duty; |
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(2) a licensed zoo that possesses or transports a |
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snake for exhibition or scientific purposes; |
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(3) a research facility, including a university, |
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licensed under the Animal Welfare Act (7 U.S.C. Section 2131 et |
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seq.) that possesses or transports a snake for scientific purposes; |
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or |
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(4) a person who assists a department employee in the |
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handling or transport of a snake under this subchapter. |
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(d) Except as provided by Subsection (c), a person may not |
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possess or transport in this state a snake described by Subsection |
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(a) without a permit issued by the department under this |
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subchapter. |
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(e) A person convicted of a violation of this subchapter or |
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a rule adopted under this subchapter may not obtain a permit before |
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the fifth anniversary of the date of the conviction. |
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Sec. 43.852. INSPECTION OF PERMIT AND RECORDS. An |
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authorized department employee may inspect at any time and without |
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a warrant a permit or any records required by this subchapter. |
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Sec. 43.853. RELEASE FROM CAPTIVITY. A person may not |
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intentionally, knowingly, recklessly, or with criminal negligence |
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release or allow the release from captivity of a snake covered by |
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this subchapter. |
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Sec. 43.854. SEIZURE OF CONTRABAND; FINANCIAL |
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RESPONSIBILITY. (a) The department may arrange for the seizure and |
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removal of a snake covered by this subchapter from a person who |
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possesses the snake without the required permit. The person is |
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responsible for any costs incurred by the department in the |
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seizure, removal, and disposition of the snake. |
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(b) A department employee is not required to handle, remove, |
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or dispose of the snake. |
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(c) The department may contract with a person who has |
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knowledge of or expertise in the handling of a snake covered by this |
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subchapter to assist the department in the handling, removal, and |
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disposition of the snake. |
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(d) The department, including an enforcement officer of the |
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department, who acts under this section is not liable in a civil |
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action for the seizure, sale, donation, or other disposition of the |
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snake. |
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Sec. 43.855. RULES. The commission may adopt rules to |
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implement this subchapter, including rules to govern: |
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(1) the possession or transport of a snake covered by |
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this subchapter; |
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(2) permit application forms, fees, and procedures; |
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(3) the release of the snake; |
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(4) reports that the department may require a permit |
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holder to submit to the department; and |
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(5) other matters the commission considers necessary. |
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Sec. 43.856. OFFENSE. (a) Except as provided by Subsection |
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(c), a person who violates this subchapter or a rule adopted under |
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this subchapter commits an offense that is a Class C Parks and |
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Wildlife Code misdemeanor. |
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(b) A person who violates Section 43.853 or a rule adopted |
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to implement Section 43.853 commits an offense that is a Class A |
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Parks and Wildlife Code misdemeanor. |
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SECTION 57. (a) The Parks and Wildlife Commission shall |
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adopt the rules necessary under Subchapter V, Chapter 43, Parks and |
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Wildlife Code, as added by this Act, not later than April 1, 2008. |
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(b) The Parks and Wildlife Department shall begin issuing |
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permits under Subchapter V, Chapter 43, Parks and Wildlife Code, as |
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added by this Act, not later than April 1, 2008. |
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Explanation: The change is necessary to regulate the |
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possession of certain nonindigeneous snakes and constrictors in |
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this state, through the issuance of permits, the adoption of rules, |
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the imposition of criminal offenses, and certain other measures. |
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(7) House Rule 13, Section 9, is suspended to permit the |
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committee to amend Section 46.001, Parks and Wildlife Code, to read |
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as follows: |
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Sec. 46.001. PROHIBITED ACTS. No person may fish in the |
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public water of this state, or unload in this state fish or other |
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aquatic life taken for sporting purposes from waters managed by the |
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Gulf of Mexico Fishery Management Council established under the |
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Fishery Conservation and Management Act of 1976 (16 U.S.C. Section |
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1801 et seq.), unless he has acquired a fishing license issued under |
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this subchapter, except as provided by Sections 46.0012 and 46.002 |
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[of this code]. The commission by rule may prescribe requirements |
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relating to possessing a license required by this subchapter. |
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Explanation: The change is necessary to prohibit certain |
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persons from unloading fish or other aquatic life taken for |
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sporting purposes from waters managed by the Gulf of Mexico Fishery |
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Management Council. |
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(8) House Rule 13, Section 9, is suspended to permit the |
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committee to amend Section 62.001, Parks and Wildlife Code, by |
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adding Subdivision (3) to read as follows: |
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(3) "Public road or right-of-way" means a public |
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street, alley, road, right-of-way, or other public way, including a |
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berm, ditch, or shoulder. |
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Explanation: The change is necessary to define "public road |
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or right-of-way." |
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(9) House Rule 13, Section 9, is suspended to permit the |
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committee to amend Subchapter A, Chapter 62, Parks and Wildlife |
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Code, by adding Section 62.0031 to read as follows: |
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Sec. 62.0031. HUNTING FROM PUBLIC ROAD OR RIGHT-OF-WAY |
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PROHIBITED. (a) Except as provided by Subsection (b), a person may |
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not hunt a wild animal or bird when the person is on a public road or |
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right-of-way. |
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(b) This section does not apply to the trapping of a raptor |
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for educational or sporting purposes as provided by Chapter 49. |
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Explanation: The change is necessary to prohibit certain |
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persons from hunting a wild animal or bird when the person is on a |
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public road or right-of-way. |
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(10) House Rule 13, Section 9, is suspended to permit the |
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committee to amend the heading to Chapter 284, Parks and Wildlife |
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Code, and amend Section 284.001, Parks and Wildlife Code, by |
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amending Subsections (b) and (d) and adding Subsection (f) to read |
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as follows: |
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CHAPTER 284. DIMMIT, EDWARDS, FRIO, IRION, KENEDY, KIMBLE, |
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LLANO, MASON, MAVERICK, REAL, UVALDE, AND ZAVALA COUNTIES |
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(b) This section applies only to a navigable river or stream |
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located wholly or partly in Dimmit, Edwards, Frio, Irion, Kenedy, |
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Kimble, Llano, Mason, Maverick, Real, Uvalde, or Zavala County. |
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(d) This section does not apply to: |
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(1) an individual acting in the scope of the |
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individual's duties as a peace officer or department employee; [or] |
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(2) the discharge of a shotgun loaded with ammunition |
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that releases only shot when discharged, except as provided by |
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Subsection (f); or |
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(3) bow fishing. |
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(f) In Dimmit, Uvalde, or Zavala County, a person may |
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discharge a shotgun loaded with ammunition that releases only shot |
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when discharged only if the person is hunting: |
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(1) migratory birds, as defined by Section 34.021; or |
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(2) game animals, as defined by Section 63.001, except |
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mule deer, white-tailed deer, or antelope. |
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Explanation: This change is necessary to regulate certain |
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types of hunting in the counties of Irion, Kimble, Mason, Dimmit, |
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Uvalde, and Zavala. |
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(11) Senate Rules 12.03(1) and (3) are suspended to permit |
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the committee to amend Section 151.801, Tax Code, by amending |
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Subsection (c) and adding Subsection (c-1) to read as follows: |
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(c) Subject to Subsection (c-1), the [The] proceeds from the |
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collection of the taxes imposed by this chapter on the sale, |
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storage, or use of sporting goods shall be deposited as follows: |
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(1) an amount equal to 94 percent of the proceeds [For
|
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the period beginning September 1, 1993, and ending August 31, 1995,
|
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an amount equal to 50 cents per 1,000 cigarettes shall be deposited
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to the credit of the general revenue fund, state parks account, and
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an amount equal to 50 cents per 1,000 cigarettes shall be deposited
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to the credit of the general revenue fund, Texas recreation and
|
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parks account, and the balance shall be retained in the general
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revenue fund.
|
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[(2) Beginning September 1, 1995, the taxes collected] |
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shall be credited to the Parks and Wildlife Department and |
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deposited as specified in the Parks and Wildlife Code; and |
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(2) an amount equal to six percent of the proceeds |
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shall be credited to the Texas Historical Commission and deposited |
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as specified in Section 442.073, Government Code. [The comptroller
|
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shall not credit in excess of $32 million in sporting goods tax
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revenue annually to the Parks and Wildlife Department.] |
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(c-1) The comptroller may not credit to the Parks and |
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Wildlife Department or the Texas Historical Commission any amounts |
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under this section that are in excess of the amounts appropriated to |
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the department or commission for that biennium, less any other |
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amounts to which the department or commission is entitled. |
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Explanation: This change is necessary to clarify that the |
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comptroller may not credit to the Parks and Wildlife Department or |
|
the Texas Historical Commission more than the amount appropriated |
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to the department or commission, less certain other amounts. |
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(12) House Rule 13, Section 9, is suspended to permit the |
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committee to add SECTION 53 to read as follows: |
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SECTION 53. (a) In this section, "historic site" means a |
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historic site or park listed under Section 442.072, Government |
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Code, as added by this Act. |
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(b) On or after January 1, 2008, as provided by this |
|
section, the following are transferred to the Texas Historical |
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Commission: |
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(1) each historic site and all obligations and |
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liabilities of the Parks and Wildlife Department relating to the |
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site; |
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(2) all unobligated and unexpended funds appropriated |
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to the Parks and Wildlife Department designated for the |
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administration of each site; |
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(3) all equipment and property of the Parks and |
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Wildlife Department used for the administration of or related to |
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each site; and |
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(4) all files and other records of the Parks and |
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Wildlife Department kept by the department regarding each site. |
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(c) A rule adopted by the Parks and Wildlife Commission that |
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is in effect immediately before January 1, 2008, and that relates to |
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a historic site is, on January 1, 2008, a rule of the Texas |
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Historical Commission and remains in effect until amended or |
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repealed by the Texas Historical Commission. A rule that applies to |
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both a transferred site and park that is not transferred is a rule |
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of both commissions and applies to the transferred site until |
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amended or repealed by the Texas Historical Commission. |
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(d) A transfer under this Act does not diminish or impair |
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the rights of a holder of an outstanding bond or other obligation |
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issued by the Parks and Wildlife Department in relation to the |
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support of a historic site. |
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(e) On January 1, 2008, a reference in the Parks and |
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Wildlife Code or other law to a power, duty, obligation, or |
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liability of the Parks and Wildlife Department or the Parks and |
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Wildlife Commission that relates to a historic site is a reference |
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to the Texas Historical Commission. The Texas Historical Commission |
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is the successor agency to the Parks and Wildlife Department and the |
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Parks and Wildlife Commission for the site. |
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(f) The Texas Historical Commission shall prepare a base |
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operating plan for each historic site before the transfer of any |
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site or associated artifact or archival materials from the Parks |
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and Wildlife Department to the commission. The base operating plan |
|
for each site must be completed on or before January 1, 2008. The |
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base operating plan for each site must include: |
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(1) a mission statement outlining the goals for the |
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site; |
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(2) an interpretive plan showing how the mission is to |
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be accomplished; |
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(3) an operational plan, including: |
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(A) facilities, documents, records, and other |
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assets to be transferred; |
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(B) parties responsible for daily site |
|
management, including staff that will be transferred; |
|
(C) off-site support structure; |
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(D) plans for artifact and archival curation; |
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(E) signed memoranda of understanding or |
|
memoranda of agreement with appropriate friends groups and |
|
volunteer organizations; and |
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(F) emergency plans; |
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(4) a maintenance plan, including maintenance and |
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repair needs; |
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(5) a marketing plan; |
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(6) a business plan, including revenue and visitation |
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goals; |
|
(7) a plan for compliance with: |
|
(A) Chapter 191, Natural Resources Code (the |
|
Antiquities Code of Texas); and |
|
(B) the National Historic Preservation Act (16 |
|
U.S.C. Section 470 et seq.); and |
|
(8) fiscal plans and budgets associated with |
|
Subdivisions (1) through (7) of this subsection. |
|
(g) Not later than September 1, 2007, the chair of the House |
|
Committee on Culture, Recreation, and Tourism shall appoint from |
|
that committee an interim study subcommittee to review the base |
|
operating plan described by Subsection (f) of this section. The |
|
interim subcommittee shall obtain feedback and information from |
|
professionals familiar with the work of the Parks and Wildlife |
|
Department, the Texas Historical Commission, the National Park |
|
Service, the Council of Texas Archeologists, professional |
|
archivists, park managers, and the tourism industry. Not later than |
|
September 1, 2008, the interim study subcommittee shall report to |
|
the House Committee on Culture, Recreation, and Tourism on the |
|
results of the study conducted under this subsection. |
|
(h) Until a historic site is transferred to the Texas |
|
Historical Commission in accordance with this Act, the Parks and |
|
Wildlife Department shall continue to operate and maintain the site |
|
under applicable law as it existed on January 1, 2007. |
|
(i) The Parks and Wildlife Department and the Texas |
|
Historical Commission shall keep the House Committee on Culture, |
|
Recreation, and Tourism, the subcommittee on Agriculture, Rural |
|
Affairs and Coastal Resources, and the Senate and House members in |
|
whose district, a historic site is being transferred, informed of |
|
the progress of the transfer of each historic site under this Act. |
|
(j) An employee of the Parks and Wildlife Department whose |
|
job responsibilities are more than 50 percent related to a historic |
|
site transferred to the Texas Historical Commission under this Act |
|
becomes an employee of the Texas Historical Commission on the date |
|
of the transfer of that site. An employee whose job is transferred |
|
may not be dismissed after the transfer except for cause before the |
|
first anniversary of the date of the transfer. |
|
Explanation: This change is necessary to provide for the |
|
transfer of certain historic sites to the Texas Historical |
|
Commission, require the commission to adopt base operating plans |
|
for the sites, and establish an interim study subcommittee to |
|
review the base operating plans. |
|
(13) House Rule 13, Section 9, is suspended to permit the |
|
committee to add SECTION 56 to read as follows: |
|
SECTION 56. (a) The House Committee on Culture, Recreation, |
|
and Tourism shall conduct a study to determine whether this state |
|
should permit the possession of nonindigenous venomous snakes and |
|
nonindigenous constrictors as provided by Subchapter V, Chapter 43, |
|
Parks and Wildlife Code, as added by this Act. |
|
(b) The study must include: |
|
(1) a comparison of laws regulating nonindigenous |
|
snakes in other states; |
|
(2) alternative methods of regulating the possession |
|
of nonindigenous snakes; |
|
(3) the economic, environmental, and other effects of |
|
allowing nonindigenous snakes to be held in the state, including: |
|
(A) the potential to harbor and spread diseases |
|
or parasites, or other adverse effects; and |
|
(B) the economic and other benefits to this state |
|
that may be obtained by regulating the trade in nonindigenous |
|
snakes; and |
|
(4) other related matters the committee finds useful. |
|
(c) Not later than November 1, 2008, the committee shall |
|
report its findings to the governor, the executive directors of the |
|
Parks and Wildlife Department and the Department of Agriculture, |
|
and each member of the committee. |
|
Explanation: This change is necessary to require a study to |
|
determine whether this state should permit the possession of |
|
nonindigenous venomous snakes and nonindigenous constrictors. |
|
(14) House Rule 13, Section 9, is suspended to permit the |
|
committee to add SECTION 58 to read as follows: |
|
SECTION 58. (a) The joint legislative task force on the use |
|
of the sales tax on sporting goods is composed of eight members, as |
|
follows: |
|
(1) two members of the House Culture, Recreation and |
|
Tourism Committee, one being the chair of the committee and one |
|
appointed by the speaker of the house of representatives; |
|
(2) two members, each of whom must be a member of the |
|
House Appropriations Committee or House Ways and Means Committee, |
|
as appointed by the speaker of the house representatives; |
|
(3) two members of the Senate Committee on Natural |
|
Resources, one being the chair of the committee and one appointed by |
|
the lieutenant governor; and |
|
(4) two members of the Senate Committee on Finance, |
|
appointed by the lieutenant governor. |
|
(b) The speaker of the house of representatives shall |
|
designate the chair of the House Committee on Culture, Recreation |
|
and Tourism to serve as a joint presiding officer of the task force, |
|
and the lieutenant governor shall designate another task force |
|
member to serve as the other joint presiding officer. |
|
(c) The task force meets at the call of the joint presiding |
|
officers. |
|
(d) The task force shall: |
|
(1) review the items that are included in the |
|
definition of "sporting goods" under Section 151.801(e), Tax Code; |
|
(2) determine the amount of sales tax revenue that |
|
must be generated from the sale of "sporting goods" to fund, at a |
|
minimum, the appropriations made by the 80th Legislature regarding |
|
state parks, local parks, historic sites, coastal management |
|
programs, and water planning; |
|
(3) not later than December 15, 2008, prepare and |
|
present to the legislature a report that describes the findings of |
|
the task force and includes recommendations regarding the specific |
|
items that should be included in the definition of "sporting goods" |
|
under Section 151.801(e), Tax Code in order to more evenly match the |
|
revenue streams needed to cover ongoing appropriations (estimated |
|
to be $70 million per annum), net of the use of unexpended balances |
|
in 2008-2009 biennium, without creating large dedicated fund |
|
balances. |
|
(e) It is the intent of the 80th Legislature that Section |
|
151.801(c-1), Tax Code, as added by this Act, be repealed on |
|
adoption of a statute implementing the recommendations of the task |
|
force. |
|
Explanation: This change is necessary to require a task force |
|
to study the appropriate collection and distribution of the |
|
sporting goods sales tax. |
|
(15) House Rule 13, Section 9, is suspended to permit the |
|
committee to add SECTION 59 to read as follows: |
|
SECTION 59. If the Parks & Wildlife Department does not |
|
receive a grant of funds from the Department of Transportation, the |
|
Parks and Wildlife Department may spend no more than $50,000 to |
|
maintain a river-access point and picnic area in Zavala County that |
|
is adjacent to the Nueces River and United States Highway 83 |
|
intersection north of La Pryor, Texas. If the Parks and Wildlife |
|
Department receives a grant of funds from the Department of |
|
Transportation, the Parks and Wildlife Department may not spend |
|
money, other than money received under the grant, on maintenance |
|
described by this section. |
|
Explanation: This change is necessary to administer the use |
|
of funds expended by the Parks and Wildlife Department for certain |
|
projects. |
|
(16) House Rule 13, Section 9, is suspended to permit the |
|
committee to add SECTION 60 to read as follows: |
|
SECTION 60. (a) The Parks and Wildlife Department shall |
|
conduct a study of ways to improve the efficiency and ease of use of |
|
the department's hunting and fishing license systems. The study |
|
must: |
|
(1) evaluate the efficiency of the hunting and fishing |
|
license systems in effect on September 1, 2007; |
|
(2) identify problems and suggest improvements to |
|
those systems; and |
|
(3) identify ways to increase ease of use for |
|
individuals applying for a hunting or fishing license in this |
|
state. |
|
(b) The Parks and Wildlife Department shall complete the |
|
study conducted under Subsection (a) of this section not later than |
|
July 1, 2008. |
|
(c) Not later than October 1, 2008, the Parks and Wildlife |
|
Department shall submit to the governor, the lieutenant governor, |
|
the speaker of the house of representatives, and the chair of each |
|
committee of the legislature that has primary oversight |
|
jurisdiction over the department a written report that summarizes |
|
the findings of the study conducted under Subsection (a) of this |
|
section. |
|
Explanation: This change is necessary to require the Parks |
|
and Wildlife Department to study the department's fishing and |
|
license systems and report its findings to the legislature. |