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  82R6187 SLB-D
 
  By: Elkins H.B. No. 2189
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the regulation of handfishing.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 43.802, Parks and Wildlife Code, is
  amended by amending Subsection (a) and adding Subsection (d) to
  read as follows:
         (a)  Except as provided by this section [Subsection (b) or
  (c)], no person may engage in fishing in fresh water for sporting
  purposes in this state unless the person has acquired a freshwater
  fishing stamp issued to the person by the department. The
  commission by rule may adopt requirements relating to possessing a
  freshwater fishing stamp required by this subchapter.
         (d)  A person engaged in handfishing as described by Section
  66.115 is not required to obtain a freshwater fishing stamp.
         SECTION 2.  Subchapter B, Chapter 66, Parks and Wildlife
  Code, is amended by adding Section 66.115 to read as follows:
         Sec. 66.115.  HANDFISHING. (a)  In this section,
  "handfishing" means fishing for catfish by the use of hands only and
  without any other fishing device such as a gaff, pole hook, or
  spear.
         (b)  A person holding a resident or nonresident fishing
  license issued to the person by the department may engage in
  handfishing in the public fresh water of this state.
         SECTION 3.  This Act takes effect immediately if it receives
  a vote of two-thirds of all the members elected to each house, as
  provided by Section 39, Article III, Texas Constitution.  If this
  Act does not receive the vote necessary for immediate effect, this
  Act takes effect September 1, 2011.