H.B. No. 1322
AN ACT
relating to the possession of fish in the tidal water of this state.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 46.001, Parks and Wildlife Code, is
amended to read as follows:
Sec. 46.001. PROHIBITED ACTS. (a) 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
Magnuson-Stevens Fishery Conservation and Management Act [of 1976]
(16 U.S.C. Section 1801 et seq.), unless the person [he] has
acquired a fishing license issued under this subchapter, except as
provided by Sections 46.0012 and 46.002. The commission by rule may
prescribe requirements relating to possessing a license required by
this subchapter.
(b) A person in a vessel on tidal water may not possess fish
taken for sporting purposes unless the person holds a fishing
license issued under this subchapter, except as provided by
Sections 46.0012 and 46.002. In this subsection, "tidal water" has
the meaning assigned by Section 47.001.
SECTION 2. 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.
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 1322 was passed by the House on April
14, 2011, by the following vote: Yeas 141, Nays 1, 1 present, not
voting.
______________________________
Chief Clerk of the House
I certify that H.B. No. 1322 was passed by the Senate on May
10, 2011, by the following vote: Yeas 31, Nays 0
.
______________________________
Secretary of the Senate
APPROVED: _____________________
Date
_____________________
Governor