| 1 | 1 | | By: Scott (Senate Sponsor - Lucio) H.B. No. 1322 |
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| 2 | 2 | | (In the Senate - Received from the House April 18, 2011; |
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| 3 | 3 | | April 20, 2011, read first time and referred to Committee on |
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| 4 | 4 | | Agriculture and Rural Affairs; May 3, 2011, reported favorably by |
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| 5 | 5 | | the following vote: Yeas 3, Nays 0; May 3, 2011, sent to printer.) |
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| 6 | 6 | | |
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| 7 | 7 | | |
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| 8 | 8 | | A BILL TO BE ENTITLED |
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| 9 | 9 | | AN ACT |
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| 10 | 10 | | relating to the possession of fish in the tidal water of this state. |
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| 11 | 11 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 12 | 12 | | SECTION 1. Section 46.001, Parks and Wildlife Code, is |
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| 13 | 13 | | amended to read as follows: |
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| 14 | 14 | | Sec. 46.001. PROHIBITED ACTS. (a) No person may fish in |
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| 15 | 15 | | the public water of this state, or unload in this state fish or |
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| 16 | 16 | | other aquatic life taken for sporting purposes from waters managed |
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| 17 | 17 | | by the Gulf of Mexico Fishery Management Council established under |
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| 18 | 18 | | the Magnuson-Stevens Fishery Conservation and Management Act [of |
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| 19 | 19 | | 1976] (16 U.S.C. Section 1801 et seq.), unless the person [he] has |
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| 20 | 20 | | acquired a fishing license issued under this subchapter, except as |
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| 21 | 21 | | provided by Sections 46.0012 and 46.002. The commission by rule may |
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| 22 | 22 | | prescribe requirements relating to possessing a license required by |
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| 23 | 23 | | this subchapter. |
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| 24 | 24 | | (b) A person in a vessel on tidal water may not possess fish |
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| 25 | 25 | | taken for sporting purposes unless the person holds a fishing |
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| 26 | 26 | | license issued under this subchapter, except as provided by |
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| 27 | 27 | | Sections 46.0012 and 46.002. In this subsection, "tidal water" has |
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| 28 | 28 | | the meaning assigned by Section 47.001. |
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| 29 | 29 | | SECTION 2. This Act takes effect immediately if it receives |
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| 30 | 30 | | a vote of two-thirds of all the members elected to each house, as |
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| 31 | 31 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 32 | 32 | | Act does not receive the vote necessary for immediate effect, this |
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| 33 | 33 | | Act takes effect September 1, 2011. |
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| 34 | 34 | | * * * * * |
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