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A BILL TO BE ENTITLED
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AN ACT
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relating to capturing reptiles and amphibians by nonlethal means; |
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providing a penalty. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 43, Parks and Wildlife Code, is amended |
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by adding Subchapter W to read as follows: |
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SUBCHAPTER W. REPTILE AND AMPHIBIAN STAMP |
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Sec. 43.901. REPTILE AND AMPHIBIAN STAMP REQUIRED. (a) A |
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person may capture by nonlethal means an indigenous reptile or |
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amphibian only if the person possesses a reptile and amphibian |
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stamp issued to the person by the department. |
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(b) The commission by rule shall prescribe the form, design, |
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and manner of issuance of a stamp under this subchapter. |
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(c) The stamp is not valid unless the person to whom the |
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stamp is issued has signed the stamp on its face. |
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(d) The commission by rule may prescribe alternate |
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requirements for identifying the purchaser of a stamp issued in an |
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automated manner. |
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(e) A stamp issued under this subchapter is valid only |
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during the yearly period for which the stamp is issued without |
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regard to the date on which the stamp is acquired. Each yearly |
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period begins on September 1 or another date set by the commission |
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and extends through August 31 of the next year or another date set |
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by the commission. |
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Sec. 43.902. FEE. The fee for a reptile and amphibian stamp |
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is $10 or a greater amount set by the commission. The department |
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may issue other editions of the stamp that are not valid for |
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capturing by nonlethal means a species covered by this subchapter |
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for a fee set by the commission. |
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Sec. 43.903. HUNTING LICENSE REQUIRED. The possession of a |
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reptile and amphibian stamp does not authorize a person to capture |
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by nonlethal means an indigenous reptile or amphibian: |
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(1) without possessing a hunting license required by |
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Section 42.002 or 42.005; or |
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(2) at a time or by means not otherwise authorized by |
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this code. |
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Sec. 43.904. STAMP SALE RECEIPTS. The net revenue derived |
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from the sale of reptile and amphibian stamps shall be credited to |
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the game, fish, and water safety account. |
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Sec. 43.905. PENALTY. (a) A person who violates Section |
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43.901 commits an offense that is a Class C Parks and Wildlife Code |
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misdemeanor. |
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(b) A person engaged in capturing by nonlethal means a |
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species covered by this subchapter who fails or refuses on the |
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demand of any game warden or other peace officer to show a reptile |
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and amphibian stamp is presumed to be in violation of Section |
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43.901. |
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SECTION 2. Section 62.0031, Parks and Wildlife Code, is |
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amended by amending Subsection (a) and adding Subsection (c) to |
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read as follows: |
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(a) Except as provided by Subsections [Subsection] (b) and |
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(c), a person may not hunt a wild animal or bird when the person is |
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on a public road or right-of-way. |
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(c) A person may capture by nonlethal means reptiles and |
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amphibians on a public right-of-way if the person: |
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(1) possesses a reptile and amphibian stamp issued to |
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the person by the department; and |
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(2) does not use a trap. |
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SECTION 3. Section 62.004, Parks and Wildlife Code, is |
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amended to read as follows: |
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Sec. 62.004. HUNTING AT NIGHT OR DURING OTHER PERIODS OF |
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REDUCED VISIBILITY. (a) No person may hunt any wild bird, wild game |
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bird, wild fowl, or wild game animal protected by this code at any |
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season of the year between one-half hour after sunset and one-half |
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hour before sunrise. |
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(b) Subsection (a) does not apply to a person engaging in |
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the capture by nonlethal means of a reptile or amphibian under a |
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stamp issued by the department. |
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(c) A person engaging in the capture by nonlethal means of a |
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reptile or amphibian under a stamp issued by the department must |
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wear reflective clothing when doing so at night or during periods of |
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reduced visibility. |
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SECTION 4. (a) Not later than March 1, 2012, the Parks and |
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Wildlife Commission shall adopt: |
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(1) rules to implement the changes in law made by this |
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Act; and |
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(2) the form, design, and manner of issuance of, and |
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the fee for, a reptile and amphibian stamp under Subchapter W, |
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Chapter 43, Parks and Wildlife Code, as added by this Act. |
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(b) Notwithstanding Sections 43.901(e) and 43.902, Parks |
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and Wildlife Code, as added by this Act, the initial reptile and |
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amphibian stamps issued under Subchapter W, Chapter 43, Parks and |
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Wildlife Code: |
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(1) are valid for the period beginning the date the |
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stamps first become available and ending on the expiration of the |
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first yearly period set by the Parks and Wildlife Commission under |
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Section 43.901(e); and |
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(2) shall be issued for a fee equal to the yearly fee, |
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plus a prorated amount for the period beginning the date the stamps |
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first become available and ending on the day preceding the date the |
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first yearly period begins. |
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SECTION 5. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2011. |