Presenters: Phil Durocher, Hal Osburn, Jerry Cooke

Commission Agenda Item No. 3
Briefing
2000-2001 Statewide Hunting and Fishing Proclamation
April 2000

I. DISCUSSION: Responsibility for establishing seasons, bag limits, and means and methods for taking wildlife resources is delegated to the Texas Parks and Wildlife Commission under Parks and Wildlife Code, Chapter 61. Proposed changes to the Statewide Hunting and Fishing Proclamation are a result of proposals advanced by staff and suggestions from the public. Changes advanced by staff are based upon scientific investigation and are required findings of fact. The proposed changes increase recreational opportunity, promote enforcement, and provide for the sound biological management of the wildlife resources of the state. The Regulations Committee at its January 2000 meeting authorized staff to publish the proposed 2000-2001 Statewide Hunting and Fishing Proclamation in the Texas Register for public comment. The proposed proclamation appeared in the March 3, 2000 issue of the Texas Register (25 TexReg 1840). A summary of public comment on the proposed proclamation will be available to the Commission at the time of the hearing.

II. RECOMMENDATION: Staff recommends the Texas Parks and Wildlife Commission adopt the following motion:

"The Texas Parks and Wildlife Commission adopts the 2000-2001 Statewide Hunting and Fishing Proclamation (located at Exhibit A) with changes to the proposal as published in the March 3, 2000 issue of the Texas Register (25 TexReg 1840)."

Attachments - 2

  1. Exhibit A - Proposed 2000-2001 Statewide Hunting and Fishing Proclamation
  2. Exhibit B - Fiscal Note (Available upon request)

Commission Agenda Item No. 3
Exhibit A

2000-2001 Statewide Hunting and Fishing Proclamation

1. Introduction.

The Texas Parks and Wildlife Department proposes the repeal of §65.25, amendments to §§65.11, 65.26, 65.42, 65.64, 65.72, and 65.78, and new §65.25, concerning the Statewide Hunting and Fishing Proclamation. The amendment to §65.11, concerning Lawful Means, allows the use of lawful archery equipment and crossbows during open spring Eastern turkey seasons. New §65.25, concerning Wildlife Management Plan, requires wildlife management plans to include recommendations for management practices. The amendment to §65.26, concerning Managed Lands Deer Permits, creates an intermediate permit and clarifies that tagging requirements apply only to deer affected by the landowner’s wildlife management plan. The amendment to §65.42, concerning Deer: implements four ‘doe days’ in Cass, Marion, and Harrison counties; implements ‘doe days’ through the Sunday following Thanksgiving and increases the buck limit in San Jacinto, Trinity, and Walker counties; rewords regulatory language governing antlerless harvest in counties currently having 23-day ‘doe days’ to permit either-sex harvest through the Sunday following Thanksgiving; eliminates a special provision in Henderson County; increases the bag limit and creates a special late season in certain Hill Country counties; opens a muzzleloader-only open season in 11 Pineywoods counties while closing the muzzleloader season in those Hill Country counties where a special late season is proposed; extends the mule deer season to 16 days in counties presently having a five-day season; and opens a 16-day mule deer season in Cochran County. The amendment to §65.64, concerning Turkey, opens a spring Eastern turkey season in eight additional counties in East Texas. The amendment to §65.72: eliminates the statewide minimum length restrictions for Guadalupe and spotted bass; increases the minimum length requirement for largemouth bass on Lakes Jacksonville, Cleburne State Park, and Meridian State Park from 14 inches to 18 inches; replaces the minimum length restrictions for largemouth bass on Lake Austin, Buescher State Park Lake, and Town Lake with a 14-21 inch slot limit and allows only one largemouth bass of greater than 21 inches to be retained; increases the minimum length restrictions for blue marlin, white marlin, and sailfish; decreases the bag limit and imposes a minimum length limit for sharks; establishes a commercial season for sharks concurrent with federal seasons; and defines marking requirements for, and establishes maximum numbers for commercial and recreational trotlines. The amendment to 65.78, concerning Crabs and Ghost Shrimp, define marking requirements for, and establish maximum numbers for crab traps used by commercial finfish fishermen.

2. Fiscal Note.

Robert Macdonald, Wildlife Division regulations coordinator, has determined that for each of the first five years that the proposed amendments are in effect, there will be no additional fiscal implications to state or local governments as a result of enforcing or administering the proposed amendments.

3. Public Benefit - Cost Note.

Mr. Macdonald also has determined that for each of the first five years the proposed amendments are in effect:

(A) The public benefit anticipated as a result of enforcing the rules as proposed will be the dispensation of the agency’s statutory duty to protect and conserve the wildlife resources of this state, the duty to equitably distribute opportunity for the enjoyment of those resources among the citizens, and the execution of the commission’s policy to maximize recreational opportunity within the precepts of sound biological management practices.

(B) There will be negligible effect on small businesses. There are no additional economic costs to persons required to comply with the rules as proposed.

(C) The department has not filed a local impact statement with the Texas Workforce Commission as required by Government Code, §2001.022, as this agency has determined that the rules as proposed will not significantly impact local economies.

(D) The department has determined that there will not be a taking of private property, as defined by Government Code, Chapter 2007, as a result of the proposed rules.

4. Request for Public Comments.

Comments on the proposed rules may be submitted to Robert Macdonald (Wildlife (512) 389-4775), Ken Kurzawski (Inland Fisheries 389-4591), Paul Hammerschmidt (Coastal Fisheries 389-4650), David Sinclair (Wildlife Enforcement 389-4854), or Dennis Johnston (Fisheries Enforcement 389-4628), Texas Parks and Wildlife Department, 4200 Smith School Road, Austin, Texas 78744; (512) 389-4775 or 1-800-792-1112.

5. Statutory Authority.

The amendments are proposed under the authority of Parks and Wildlife Code, Chapter 61, Uniform Wildlife Regulatory Act (Wildlife Conservation Act of 1983), which provide the Commission with authority to establish wildlife resource regulations for this state.

The proposed amendments affect Parks and Wildlife Code, Chapter 61.

General Provisions

§65.11. Lawful Means. It is unlawful to hunt any of the wildlife resources of this state except by the means authorized by this section and as provided in §65.19 of this title (relating to Hunting Deer with Dogs).

(1) (No change.)

(2) Archery.

(A) A person may hunt by means of lawful archery equipment [longbow, compound bow, or recurved bow]during any open season except a special muzzleloader-only antlerless deer season [or spring Eastern turkey season].

(B)-(E) (No change.)

(3) Crossbow. Crossbows are lawful during any general open season [except Eastern turkey seasons]. A person having an upper-limb disability may use a crossbow to hunt deer and turkey during an archery-only season, provided the person has in their immediate possession a physician's statement certifying the extent of the disability. When hunting turkey and all game animals other than squirrels by means of crossbow:

(A)-(D) (No change.)

(4)-(5) (No change.)

§65.25. Wildlife Management Plan (WMP). A WMP is required for the issuance of Managed Lands Deer Permits and Antlerless/Spike-Buck Deer Control Permits.

(a) Each WMP shall apply to a specific tract of land, and shall consist of:

(1) historical data, including:

(A) measurements of density, production, and sex composition of the deer population;

(B) measurements of the number, sex, and when possible, the age, weight, and antler measurements of harvested deer;

(C) an evaluation and appraisal of habitats determined to be of significance to deer; and

(D) descriptions of land management practices presently being employed;

(2) recommendations specifically identifying:

(A) goals for the density, production, population, and sex composition of deer on the property, based solely on the biology of deer in their natural habitat; and

(B) habitat management practices necessary to accomplish the goals specified in subparagraph (A) of this paragraph; and

(3) a harvest quota specifying the number and sex of deer to be taken on the tract of land.

(b) A WMP is not valid unless it is:

(1) consistent with Parks and Wildlife Code, §§61.053 and 61.056; and

(2) signed by a Wildlife Division biologist or technician. A WMP is valid for one year following the date of such signature.

§65.26. Managed Lands Deer (MLD) Permits.

(a) MLD permits may be issued only to a landowner who has a current WMP in accordance with §65.25 of this title (relating to Wildlife Management Plan) [that specifies a harvest quota of buck and/or antlerless white-tailed deer or antlerless mule deer].

(b) An applicant may request the issuance of any type of MLD listed in this section [permits for antlerless-only or both-sex harvest quotas for white-tailed deer, or an antlerless-only harvest quota for mule deer].

(1) Level 1. Level 1 MLD permits authorize only the take of antlerless white-tailed or antlerless mule deer. A Level 1 MLD permit is valid only during the general open season in the county for which it is issued, and the bag limit for antlerless deer in that county applies.

(2) Level 2. Level 2 MLD permits authorize the take of buck and antlerless white-tailed deer as specified by the permit. A Level 2 MLD:

(A) antlerless permit is valid during the general open season and for 14 consecutive days immediately following in the county for which it is issued;

(B) buck permit is valid for any buck deer during the general open season in the county for which it is issued, and for 14 consecutive days following the close of the general open season is valid only for the take of spike bucks.

(3) Level 3. Level 3 MLD permits authorize the take of buck and antlerless white-tailed deer as specified by the permit. A Level 3 MLD permit is valid from the Saturday nearest September 30 through the last Sunday in January.

(c) The number of MLD permits distributed to a hunter shall be at the discretion of the landowner.

(d) Except for deer taken under an Antlerless and Spike-Buck Control Permit, all deer harvested by MLD permit [on a property where MLD permits have been issued] must immediately be tagged with the appropriate MLD permit [as specified in the WMP] and either an appropriate tag from the hunting license of the person who killed the deer or a valid bonus tag.

(e) On all tracts of land for which Level 2 [both] MLD [buck] permits [and MLD antlerless permits] have been issued [for the harvest of white-tailed deer, and on properties for which the WMP specifies a harvest quota of zero for either sex]:

(1) the bag limit shall be five white-tailed deer, no more than three bucks, regardless of the county bag limit; and

(2) the provisions of §65.42(b)(8) of this title (relating to Muzzleloader-Only Open Season) and the stamp requirements of Parks and Wildlife Code, Chapter 43, Subchapter Q, do not apply.

(f) [(2)] On all tracts of land for which Level 3 MLD permits have been issued:

(1) the bag limit shall be five white-tailed deer, no more than three bucks, regardless of the county bag limit; and

(2) the provisions of §65.42(b)(7) of this title (relating to Archery-Only Open Season), §65.42(b)(8) of this title (relating to Muzzleloader-Only Open Season), and the stamp requirements of Parks and Wildlife Code, Chapter 43, Subchapters [Subchapter] I and Q, do not apply [; and]

[(3) the landowner may allow the hunting of white-tailed deer from the Saturday closest to September 30 through the last Sunday in January].

(g) [(f)] If a landowner in possession of MLD permits does not wish to abide by the harvest quota specified by the WMP, the landowner must return all MLD permits to the department by the Saturday closest to September 30.

(h) A landowner who accepts Level 3 MLD permits and fails to abide by all recommendations of the WMP is not eligible for Level 3 permits the following year, but is eligible for other levels of MLD permits or may choose to cease accepting MLD permits.

(i) A landowner who accepts Level 2 MLD permits and fails to make a reasonable effort to attain the harvest quota specified in the WMP may, at the discretion of the department, be denied further issuance of Level 2 permits.

(j) [(g)] The department reserves the right to deny further issuance of MLD permits to a landowner who exceeds the harvest quota specified by the WMP or who does not otherwise abide by the WMP.

This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be a valid exercise of the agency's authority.

Issued in Austin, Texas, on

The amendments are proposed under Parks and Wildlife Code, Chapter 61, Uniform Wildlife Regulatory Act (Wildlife Conservation Act of 1983), which provides the Commission with authority to establish wildlife resource regulations for this state.

The proposed amendments affect Parks and Wildlife Code, Chapter 61.

Seasons and Bag Limits-Hunting Provisions

§65.42. Deer.

(a) Except as provided in §65.27 of this title (relating to Antlerless and Spike-Buck Deer Control Permits) or subsection (b)(11) [paragraph (10)] of this subsection, no person may exceed the annual bag limit of five white-tailed deer (no more than three bucks) and two mule deer (no more than one buck).

(b) White-tailed deer. The open seasons and annual bag limits for white-tailed deer shall be as follows.

(1) In [Bandera, Bexar, Blanco,] Brewster, Brown, [Burnet,] Coke, Coleman, [Comal (west of Interstate 35),] Concho, [Crockett,] Culberson, [Edwards, Gillespie,] Glasscock, [Hays (west of Interstate 35),] Howard, Irion, Jeff Davis, [Kendall, Kerr, Kimble, Kinney (north of U.S. Highway 90), Llano, Mason, McCulloch, Medina (north of U.S. Highway 90), Menard,] Mills, Mitchell, Nolan, Pecos, Presidio, Reagan, [Real,] Reeves, Runnels, [San Saba, Schleicher,] Sterling, [Sutton,] Terrell, Tom Green, [Travis (west of Interstate 35),] and Upton (that southeastern portion located both south of U.S. Highway 67 and east of State Highway 349)[, Uvalde (north of U.S. Highway 90) , and Val Verde (north of U.S. Highway 90; and that portion located both south of U.S. 90 and west of Spur 239)] counties, there is a general open season.

(A) Open season: first Saturday in November through the first Sunday in January.

A. Bag limit: four deer, no more than two bucks.

(2) In Bandera, Bexar, Blanco, Burnet, Comal (west of Interstate 35), Crockett, Edwards, Gillespie, Hays (west of Interstate 35), Kendall, Kerr, Kimble, Kinney (north of U.S. Highway 90), Llano, Mason, McCulloch, Medina (north of U.S. Highway 90), Menard, Real, San Saba, Schleicher, Sutton, Travis (west of Interstate 35), Uvalde (north of U.S. Highway 90) and Val Verde (north of U.S. Highway 90; and that portion located both south of U.S. 90 and west of Spur 239) counties, there is a general open season.

(A) Open season: first Saturday in November through the first Sunday in January.

A. Bag limit: five deer, no more than two bucks.

(C) Special Late General Season. In the counties listed in this paragraph there is a special late general season for the take of antlerless and spike-buck deer only.

(i) Open season: 14 consecutive days starting the first Monday following the first Sunday in January.

(ii) Bag limit: five antlerless or spike-buck deer in the aggregate, no more than two of which may be spike bucks.

(3) [(2)] In Aransas, Atascosa, Bee, Calhoun, Cameron, Hidalgo, Live Oak, Nueces, Refugio, San Patricio, Starr, and Willacy counties, there is a general open season.

(A) Open season: second Saturday in November through the third Sunday in January.

(B) Bag limit: four deer, no more than two bucks.

(C) Special Late General Season. In the counties listed in this paragraph there is a special late general season for the take of antlerless and spike-buck deer only.

(i) Open season: 14 consecutive days starting the first Monday following the third Sunday in January.

(ii) Bag limit: four antlerless or spike-buck deer in the aggregate, no more than two of which may be spike bucks.

(4) [(3)] In Brooks, Dimmit, Duval, Frio, Jim Hogg, Jim Wells, Kenedy, Kinney (south of U.S. Highway 90), Kleberg, LaSalle, Maverick, McMullen, Medina (south of U.S. Highway 90), Uvalde (south of U.S. Highway 90), Val Verde (that southeastern portion located both south of U.S. Highway 90 and east of Spur 239), Webb, Zapata, and Zavala counties, there is a general open season.

(A) Open season: Second Saturday in November through the third Sunday in January.

(B) Bag limit: five deer, no more than three bucks.

(C) Special Late General Season. In the counties listed in this paragraph there is a special late general season for the take of antlerless and spike-buck deer only.

(i) Open season: 14 consecutive days starting the first Monday following the third Sunday in January.

(ii) Bag limit: five antlerless or spike-buck deer in the aggregate, no more than three of which may be spike bucks.)

(5) [(4)] No person may take or attempt to take more than one buck deer per license year from the counties, in the aggregate, listed within this paragraph, except as provided in subsection (a) of this section or authorized under the provisions of §65.26 of this title (relating to Managed Land Deer Permits).

(A) In Archer, Baylor, Bell (west of Interstate 35), Bosque, Callahan, Clay, Comanche, Coryell, Eastland, Erath, Grayson, Hamilton, Hood, Jack, Lampasas, McLennan, Montague, Palo Pinto, Parker, Shackelford, Somervell, Stephens, Taylor, Throckmorton, Williamson (west of Interstate 35), Wise, and Young counties, there is a general open season.

(i) Open season: first Saturday in November through the first Sunday in January.

(ii) Bag limit: three deer, no more than one buck and no more than two antlerless.

(iii) Special regulation. In Grayson County:

(I) lawful means are restricted to lawful archery equipment and crossbows only; and

(II) antlerless deer shall be taken by MLD permit only, except on the Hagerman National Wildlife Refuge.

(B) In Brazoria, Fort Bend, Goliad (south of U.S. Highway 59), Harris, Jackson (south of U.S. Highway 59), Matagorda, Victoria (that portion of the county that is south of both U.S. Highway 59 and U.S. Business Highway 59), and Wharton (south of U.S. Highway 59) counties, there is a general open season.

(i) Open season: first Saturday in November through the first Sunday in January.

(ii) Bag limit: three deer, no more than one buck and no more than two antlerless.

(iii) During the first 23 days of the general season, antlerless deer may be taken without antlerless deer permits unless MLD permits have been issued for the tract of land. If MLD permits have been issued, they must be attached to all antlerless deer harvested on the tract of land. After the first 23 days, antlerless deer may be taken only by MLD antlerless permits.

(C) In Armstrong, Borden, Briscoe, Carson, Childress, Collingsworth, Cottle, Crosby, Dickens, Donley, Fisher, Floyd, Foard, Garza, Gray, Hall, Hansford, Hardeman, Haskell, Hemphill, Hutchinson, Jones, Kent, King, Knox, Lipscomb, Motley, Ochiltree, Randall, Roberts, Scurry, Stonewall, Swisher, Wheeler, Wichita, and Wilbarger counties, there is a general open season.

(i) Open season: first Saturday in November through the first Sunday in January.

(ii) Bag limit: three deer, no more than one buck and no more than two antlerless.

(iii) During the first 16 days of the general season, antlerless deer may be taken without antlerless deer permits unless MLD permits have been issued for the tract of land. After the first 16 days, antlerless deer may be taken only by MLD antlerless permits.

(D) In Cooke, Denton, Hill, Johnson, and Tarrant counties, there is a general open season.

(i) Open season: first Saturday in November through the first Sunday in January.

(ii) Bag limit: three deer, no more than one buck and no more than two antlerless.

(iii) During the first nine days of the general season, antlerless deer may be taken without antlerless deer permits unless MLD permits have been issued for the tract of land. After the first nine days, antlerless deer may be taken only by MLD antlerless permits.

(E) In Anderson, Bowie, Brazos, Burleson, Camp, [Cass,] Cherokee, Delta, Franklin, Freestone, Gregg, Grimes, [Harrison,] Henderson, Hopkins, Houston, Lamar, Leon, Limestone, Madison, [Marion,] Morris, Navarro, Red River, Robertson, Rusk, [San Jacinto,] Smith, Titus, [Trinity,] Upshur, Van Zandt, [Walker,] and Wood counties, there is a general open season.

(i) Open season: first Saturday in November through the first Sunday in January.

(ii) Bag limit: three deer, no more than one buck and no more than two antlerless.

(iii) Antlerless deer may be taken only by MLD antlerless permits or LAMPS permits.

[(iv) Special Requirement: In that portion of Henderson County bounded on the north by the county line, on the east by U.S. Highway 175 and Tin Can Alley Road, on the south by State Highway 31, and on the west by State Highway 274, hunting of deer is restricted to shotguns with buckshot, longbow, compound bow, recurved bow, or crossbow. Other game animals or game birds may be taken only with shotgun, longbow, compound bow, recurved bow, or crossbow.]

(F) In Dallam, Hartley, Moore, Oldham, Potter, and Sherman Counties, there is a general open season.

(i) Open season: Saturday before Thanksgiving for 16 consecutive days.

(ii) Bag limit: three deer, no more than one buck and no more than two antlerless.

(iii) Antlerless deer may be taken only by MLD antlerless permits.

(G) In Cass, Harrison, Marion, Nacogdoches, Panola, Sabine, San Augustine and Shelby Counties, there is a general open season.

(i) Open season: first Saturday in November through the first Sunday in January.

(ii) Bag limit: three deer, no more than one buck and no more than two antlerless.

(iii) From Thanksgiving Day through the Sunday immediately following Thanksgiving Day, antlerless deer may be taken without antlerless deer permits unless MLD or LAMPS permits have been issued for the tract of land. If MLD or LAMPS permits have been issued, they must be attached to all antlerless deer harvested on the tract of land. From the first Saturday in November through the day before Thanksgiving Day, and from the Monday immediately following Thanksgiving Day through the first Sunday in January, antlerless deer may be taken only by MLD antlerless deer permits or LAMPS permits. On [National Forest,] Corps of Engineers, Sabine River Authority and Trinity River Authority lands, antlerless deer may be taken only by MLD antlerless permits. On the Bannister and Moore Plantation Wildlife Management Areas, antlerless deer may be taken by Wildlife Management Area antlerless permit only.

(H) In Austin, Bastrop, Bell (east of Interstate 35), Caldwell, Colorado, Comal (east of Interstate 35), Crane, DeWitt, Ector, Ellis, Falls, Fannin, Fayette, Goliad (north of U.S. Highway 59), Gonzales, Guadalupe, Hays (east of Interstate 35), Hunt, Jackson (north of U.S. Highway 59), Karnes, Kaufman, Lavaca, Lee, Loving, Midland, Milam, Rains, Travis (east of Interstate 35), Upton (that portion located north of U.S. Highway 67; and that area located both south of U.S. Highway 67 and west of state highway 349), Victoria (that portion of the county that is north of both U.S. Highway 59 and U.S. Business Highway 59), Waller, Ward, Washington, Wharton (north of U.S. Highway 59), Williamson (east of Interstate 35), and Wilson counties, there is a general open season.

(i) Open season: first Saturday in November through the first Sunday in January.

(ii) Bag limit: three deer, no more than one buck and no more than two antlerless.

(iii) Antlerless deer may be taken only by MLD antlerless permits.

(6) [(5)] In Angelina, Chambers, Hardin, Jasper, Jefferson, Liberty, Montgomery, Newton, Orange, Polk, San Jacinto, Trinity, [and ] Tyler, and Walker counties, there is a general open season.

(A) Open season: first Saturday in November through the first Sunday in January.

(B) Bag limit: four deer, no more than two bucks and no more than two antlerless.

(C) From opening day through the Sunday immediately following Thanksgiving [During the first 23 days of the general season], antlerless deer may be taken without antlerless deer permits unless MLD or LAMPS permits have been issued for the tract of land. If MLD or LAMPS permits have been issued, they must be attached to all antlerless deer harvested on the tract of land.. From the Monday following Thanksgiving [After the first 23 days], antlerless deer may be taken only by MLD antlerless permits or LAMPS permits. On tracts of land for which LAMPS permits have been issued, no LAMPS permit is required for the harvest of antlerless deer during the muzzleloader-only open season. On Corps of Engineers, Sabine River Authority and Trinity River Authority lands, antlerless deer may be taken only by MLD antlerless permits. On the Sam Houston, [Bannister,] Alabama Creek, and Moore Plantation Wildlife Management Areas, antlerless deer may only be taken by Wildlife Management Area antlerless permit only [written authorization of the U.S. Forest Service].

(7) [(6)] In Andrews, Bailey, Castro, Cochran, Collin, Dallas, Dawson, Deaf Smith, El Paso, Gaines, Galveston, Hale, Hockley, Hudspeth, Lamb, Lubbock, Lynn, Martin, Parmer, Rockwall, Terry, Winkler, and Yoakum counties, there is no general open season.

(8) [(7)] Archery-only open seasons. In all counties where there is a general open season for white-tailed deer, there is an archery-only open season during which either sex of white-tailed deer may be taken as provided for in §65.11(2) and (3) of this title (relating to Means and Methods).

(A) Open season: the Saturday closest to September 30 for 30 consecutive days.

(B) Bag limit: the bag limit in any given county is as provided for that county during the general open season.

(9) [(8)] Muzzleloader-only open seasons, and bag and possession limits shall be as follows.

(A) In [Bandera, Bexar, Blanco,] Brewster, Brown, [Burnet,] Coke, Coleman, [Comal (west of Interstate 35),] Concho, [Crockett,] Culberson, [Edwards, Gillespie,] Glasscock, [Hays (west of Interstate 35),] Howard, Irion, Jeff Davis, [Kendall, Kerr, Kimble, Kinney (north of U.S. Highway 90), Llano, Mason, Medina (north of U.S. Highway 90), Menard, McCulloch,] Mills, Mitchell, Nolan, Pecos, Presidio, Reagan, [Real,] Reeves, Runnels, [San Saba, Schleicher,] Sterling, [Sutton,] Terrell, Tom Green, and [Travis (west of Interstate 35),] Upton (that portion located both south of U.S. Highway 67 and east of state highway 349) [, Uvalde (north of U.S. Highway 90), and Val Verde (north of U.S. Highway 90; and that portion located both south of U.S. Highway 90 and west of Spur 239)] counties, there is an open season during which only antlerless and spike-buck deer may be taken only with a muzzleloader.

(i) [(B)] Open Season: from the first Saturday following the closing of the general open season for nine consecutive days.

(ii) [(C)] Bag limit: four antlerless or spike-buck deer in the aggregate, no more than two [of which may be] spike bucks.

(B) In Angelina, Chambers, Hardin, Jasper, Jefferson, Liberty, Montgomery, Newton, Orange, Polk, and Tyler counties, there is an open season during which only antlerless and spike-buck deer may be taken only with a muzzleloader.

(i) Open Season: from the first Saturday following the closing of the general open season for nine consecutive days.

(ii) Bag limit: four antlerless or spike-buck deer in the aggregate, no more than two spike bucks and no more than two antlerless.

(10) [(9)] Special Youth-Only Season. There shall be a special youth-only general hunting season in all counties where there is a general open season.

(A) open season: the Saturday and Sunday immediately preceding the first Saturday in November.

(B) bag limits, provisions for the take of antlerless deer, and special requirements:

(i) as specified for the first two days of the general season in the individual counties in paragraphs (1)-(6) of this subsection, except as provided in item (ii) of this subparagraph; and

(ii) in the counties listed in paragraph (5)[(4)](G) of this subsection, as specified for the period of time from Thanksgiving Day through the Sunday immediately following Thanksgiving Day.

(C) Only licensed hunters 16 years of age or younger may hunt during the season established by this subsection.

(11) [(10)] Bonus tag.

(A) A person in possession of a valid bonus deer tag may take one buck or antlerless white-tailed deer during an open white-tailed deer season in any county, irrespective of the county bag limit, provided that person also possesses one of the following:

(i) an appropriate, valid MLD permit (buck or antlerless);

(ii) a valid LAMPS permit (antlerless only); or

(iii) an appropriate, valid Special Permit (buck or antlerless) issued by the department for a public hunt, in which case the bonus tag is valid only on the wildlife management area or state park specified by the permit and only during the date and time specified on the permit.

(B) No person may:

(i) purchase more than five bonus tags per license year;

(ii) use a bonus tag on more than one animal; or

(iii) buy, sell, or otherwise exchange a bonus tag for remuneration or considerations of any kind; however, a bonus tag may be given to another person.

(C) A person who kills a deer shall immediately attach a properly executed bonus tag to the deer.

(c) Mule deer. The open seasons and annual bag limits for mule deer shall be as follows.

(1)-(2) (No change.)

(3) In Andrews (west of U.S. Highway 385), Bailey, Cochran, Hockley, Lamb, Terry, and Yoakum counties, there is a general open season.

(A) Open season: Saturday before Thanksgiving for 16 [five] consecutive days.

(B) Bag limit: two deer, no more than one buck.

(C) Antlerless deer may be taken only by Antlerless Mule Deer or MLD Permits.

(4)-(5) (No change.)

§65.64. Turkey.

(a)-(b) (No change.)

(c) Eastern turkey. The open seasons and bag limits for Eastern turkey shall be as follows. In Angelina, Bowie, Camp, Cass, Cherokee, Delta, Fannin, Franklin, Grayson, Gregg, Harrison, Hopkins, Hunt, Jasper, Lamar, Marion, Montgomery (north of State Hwy. 105), Morris, Nacogdoches, Newton, Panola, Polk, Rains, Red River, Sabine, San Augustine, San Jacinto, Shelby, Titus, Trinity, Tyler (north of U.S. Hwy. 190), and Walker counties, there is a spring season during which both Rio Grande and Eastern turkey may be lawfully hunted.

(1) Open season: the Monday nearest April 14 for 14 consecutive days.

(2) Bag limit (both species combined): one turkey, gobbler only.

(3) In the counties listed in this subsection:

(A) it is unlawful to hunt turkey by any means other than a shotgun, lawful archery equipment, or crossbows;

(B) it is unlawful for any person to take or attempt to take turkeys by the aid of baiting, or on or over a baited area; and

(C) all turkeys harvested during the open season must be registered at designated check stations within 24 hours of the time of kill. Harvested turkeys may be field dressed but must otherwise remain intact.

(d) In all counties not listed in subsections (b) or (c) of this section, the season is closed for hunting turkey.

This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency’s authority to adopt.

Issued in Austin, Texas on

The amendment is proposed under Parks and Wildlife Code, Chapter 61, Uniform Wildlife Regulatory Act (Wildlife Conservation Act of 1983), which provides the Commission with authority to establish wildlife resource regulations for this state.

The proposed amendment affects Parks and Wildlife Code, Chapter 61.

Seasons and Bag Limits-Fishing Provisions

§65.72. Fish.

(a) General rules.

(1)-(4) (No change.)

(5) Commercial fishing seasons.

(A) The commercial seasons for finfish species listed in this paragraph and caught in Texas waters shall run concurrently with commercial seasons established for the same species caught in federal waters of the Exclusive Economic Zone (EEZ).

(B) The commercial fishing season in the EEZ will be set by the National Marine Fisheries Service for:

(i)-(ii) (No change.)

(iii) sharks (all species, their hybrids and subspecies) under guidelines established by the Fishery Management Plan for Highly Migratory Species).

(C) (No change.)

(b) Bag, possession, and length limits. [The bag and possession limits for red snapper become effective May 20, 1999.]

(1) (No change.)

(2) There are no bag, possession, or length limits on game or non-game fish, except as provided in these rules.

(A) (No change.)

(B) Statewide daily bag and length limits shall be as follows:

Species Daily Bag Minimum Length (Inches) Maximum Length (Inches)
Amberjack, greater. 1 32 No limit
Bass: Largemouth, smallmouth, spotted and Guadalupe bass. 5

(in any combination)

   
Largemouth and Smallmouth bass.   14 No limit
[Spotted and Guadalupe bass.]   [12] [No limit]
Bass, striped, its hybrids, and subspecies. 5

(in any combination)

18 No limit
Bass, white 25 10 No limit
Catfish: channel and blue catfish, their hybrids, and subspecies. 25

(in any combination)

12 No limit
Catfish, flathead. 5 18 No limit
Catfish, gafftopsail. No limit 14 No limit
Cobia. 2 37 No limit
Crappie: white and black crappie, their hybrids, and subspecies. 25

(in any combination)

10 No limit
Drum, black. 5 14 30
Drum, red. 3* 20 28*
*Special Regulation: During a license year, one red drum over the stated maximum length limit may be retained when affixed with a properly executed Red Drum Tag, a properly executed Exempt Red Drum Tag or with a properly executed Duplicate Exempt Red Drum Tag and one red drum over the stated maximum length limit may be retained when affixed with a properly executed Bonus Red Drum Tag. Any fish retained under authority of a Red Drum Tag, an Exempt Red Drum Tag, a Duplicate Exempt Red Drum Tag, or a Bonus Red Drum Tag may be retained in addition to the daily bag and possession limit as stated in this section.
Flounder: all species, their hybrids, and subspecies. 10* 14 No limit
*Special Regulation: The daily bag and possession limit for the holder of a valid Commercial Finfish Fisherman's license is 60 flounder, except on board a licensed commercial shrimp boat.
Jewfish. 0    
Mackerel, king. 2 27 No limit
Mackerel, Spanish. 7 14 No limit
Marlin, blue. No limit 131 [114] No limit
Marlin, white. No limit 86 [81] No limit
Mullet: all species, their hybrids, and subspecies. No limit No limit *
*Special regulation: During the period October through January, no mullet more than 12 inches in length may be taken from public waters or possessed on board a vessel.
Sailfish No limit 84 [76] No limit
Saugeye 3 18 No limit
Seatrout, spotted. 10 15 No limit
Shark: all species, their hybrids, and subspecies. 1 [5

(in any combination)]

24 [No limit] No limit
Sheepshead. 5 12 No limit
Snapper, lane. No limit 8 No limit
Snapper, red. 4 15 No limit
Snapper, vermilion. No limit 10 No limit
Snook. 1 24 28
Tarpon. 0   Catch and release only*.
*Special Regulation: One tarpon 80 inches in length or larger may be retained during a license year when affixed with a properly executed Tarpon Tag.
Trout: rainbow and brown trout, their hybrids, and subspecies. 5

(in any combination)

No limit No limit
Walleye. 5* No limit No limit
*Special regulation: Two walleye of less than 16 inches may be retained per day.

(C) Exceptions to statewide daily bag, possession, and length limits shall be as follows:

(i) The following is a figure:

Location (County) Daily Bag Minimum Length (Inches) Special Regulation
Bass: largemouth, smallmouth, spotted and Guadalupe bass, their hybrids, and subspecies.      
Lake Texoma (Cooke and Grayson) 5

(in any combination)

14  
In all waters in the Lost Maples State Natural Area (Bandera) 0 No Limit Catch and release only.
Bass: largemouth and smallmouth      
Lake Toledo Bend (Newton, Sabine and Shelby). 8

(in any combination)

14 Possession Limit is 10.
Bass: largemouth.      
Conroe (Montgomery and Walker), Fort Phantom Hill (Jones), Granbury (Hood), Lost Creek (Jack), and Ratcliff (Houston). 5 16  
Lakes Fairfield (Freestone), Jacksonville (Cherokee), Cleburne State Park (Johnson), Meridian State Park (Bosque), San Augustine City (San Augustine), Calaveras (Bexar), O.H. Ivie (Coleman, Concho, and Runnels), Bright (Williamson), Cooper (Delta and Hopkins), Alan Henry (Garza), Aquilla (Hill), Bellwood (Smith), Casa Blanca (Webb), Old Mount Pleasant City (Titus), Rusk State Park (Cherokee), Welsh (Titus), Braunig (Bexar), Bryan (Brazos), and Gilmer (Upshur). 5 18  
Nelson Park Lake (Taylor) and Buck Lake (Kimble). 0 No Limit Catch and release and only.
Purtis Creek State Park Lake (Henderson and Van Zandt), Gibbons Creek Reservoir (Grimes), and Raven (Walker). 0 No Limit Catch and release only except that any bass 21 inches or greater in length may be retained in a live well or other aerated holding device and immediately transported to the Purtis Creek or Huntsville State Park, or Gibbons Creek weigh stations. After weighing, the bass must be released immediately back into the lake or donated to the ShareLunker Program.
Lakes Pinkston (Shelby), Waxahachie (Ellis), Bridgeport (Jack and Wise), Georgetown (Williamson), Caddo (Marion and Harrison), Burke-Crenshaw (Harris), Grapevine (Denton and Tarrant), Davy Crockett (Fannin) , and Madisonville (Madison). 5 14-18 Inch Slot Limit It is unlawful to retain largemouth bass between 14 and 18 inches in length.
Lakes Bastrop (Bastrop), Buescher State Park (Bastrop), Town (Travis) Austin (Travis) Houston County (Houston), Nacogdoches (Nacogdoches), Mill Creek (Van Zandt), Joe Pool (Dallas, Ellis, and Tarrant), Walter E. Long (Travis), Timpson (Shelby), and Athens (Henderson), and Murvaul (Panola). 5 14-21 Inch Slot Limit It is unlawful to retain largemouth bass between 14 and 21 inches in length. No more than 1 bass 21 inches or greater in length may be retained each day.
Lakes Fayette County (Fayette), Monticello (Titus), and Ray Roberts (Cooke, Denton, and Grayson). 5 14-24 [23}Inch Slot Limit It is unlawful to retain largemouth bass between 14 and 24 [23] inches in length. No more than 1 bass 24 inches or greater in length may be retained each day.
Lake Fork (Wood, Rains and Hopkins) 5 16-24 Inch Slot Limit It is unlawful to retain largemouth bass between 16 and 24 inches in length. No more than 1 bass 24 inches or greater in length may be retained each day.
Bass: smallmouth.      
Lakes O. H. Ivie (Coleman, Concho, and Runnels), Belton (Bell and Coryell), Cisco (Eastland), Greenbelt (Donley), Oak Creek (Coke), Stillhouse Hollow (Bell), White River (Crosby), Whitney (Bosque, Hill and Johnson), Alan Henry (Garza), and Devil’s River (Val Verde) from State Highway 163 bridge crossing near Juno downstream to Dolan Falls. 3 18  
Lake Meredith (Hutchinson, Moore, and Potter). 3 12-15 Inch Slot Limit It is unlawful to retain smallmouth bass between 12 and 15 inches in length.
Bass: spotted      
Lake Alan Henry (Garza) 3 18  
Lake Toledo Bend (Newton, Sabine and Shelby). 8 12 Possession Limit is 10.
Bass: striped, its hybrids, and subspecies.      
Lake Toledo Bend (Newton, Sabine and Shelby). 5 No Limit No more than 2 striped bass 30 inches or greater in length may be retained each day.
Lake Texoma (Cooke and Grayson). 10

(in any combination)

No Limit No more than 2 striped or hybrid striped bass 20 inches or greater in length may be retained each day. Striped or hybrid striped bass caught and placed on a stringer, in a live well or any other holding device become part of the daily bag limit and may not be released. Possession limit is 10.
Red River (Grayson) from Denison Dam downstream to and including Shawnee Creek (Grayson). 5

(in any combination)

No Limit Striped bass caught and placed on a stringer, in a live well or any other holding device become part of the daily bag limit and may not be released.
Trinity River (Polk and San Jacinto) from the Lake Livingston dam downstream to the F.M. Road 3278 bridge. 2

(in any combination)

18  
Bass: striped and white bass, their hybrids, and subspecies.      
Lake Pat Mayse (Lamar) and Lake O’the Pines (Camp, Marion, Morris, and Upshur) 25

(in any

combination)

10 No more than 5 striped, white, or hybrid striped bass 18 inches or greater in length may be retained each day.
Bass: white      
Lakes Conroe, Livingston, Limestone, Palestine, Somerville, Buchanan, Canyon, Georgetown, Inks, Lyndon B. Johnson, Marble Falls, and Travis. 25 12  
Lakes Texoma (Cooke and Grayson) and Toledo Bend (Newton, Sabine, and Shelby). 25 No Limit  
Catfish: channel and blue catfish, their hybrids, and subspecies.      
Lake Livingston (Polk, San Jacinto, Trinity, and Walker). 50

(in any combination)

12 Possession limit is 50. The holder of a commercial fishing license may not retain channel or blue catfish less than 14 inches in length.
Trinity River (Polk and San Jacinto) from the Lake Livingston dam downstream to the F.M. Road 3278 bridge. 10

(in any combination)

12 No more than 2 channel or blue catfish 24 inches or greater in length may be retained each day.
Lake Texoma (Cooke and Grayson). 15

(in any

combination)

12  
Community fishing lakes, Bellwood (Smith), Dixieland (Cameron), and Tankersley (Titus). 5

(in any combination)

12  
Catfish: flathead      
Lake Texoma (Cooke and Grayson) and the Red River (Grayson) from Denison Dam to and including Shawnee Creek (Grayson). 5 20  
Crappie: black and white crappie, their hybrids and subspecies.      
Lake Toledo Bend (Newton, Sabine, and Shelby). 50

(in any combination)

10 Possession limit is 50. From December 1, through the last day in February, there is no minimum length limit. All crappie caught during this period must be retained.
Lake Fork (Wood, Rains, and Hopkins) and Lake O’The Pines (Camp, Harrison, Marion, Morris, and Upshur). 25

(in any combination)

10 From December 1, through the last day in February, there is no minimum length limit. All crappie caught during this period must be retained.
Lake Texoma (Cooke and Grayson). 37

(in any combination)

10 Possession limit is 50.
Drum, red.      
Lakes Braunig and Calaveras (Bexar), Colorado City (Mitchell), Fairfield (Freestone), Nasworthy (Tom Green), and Tradinghouse Creek (McLennan). 3 20 No maximum length limit.
Shad: gizzard and threadfin shad.      
The Trinity River below Lake Livingston in Polk and San Jacinto Counties. 500

(in any combination)

No Limit Possession Limit 1,000 in any combination.
Sunfish: Bluegill, redear, green, warmouth, and longear sunfish, their hybrids and subspecies.      
Purtis Creek State Park Lake (Henderson and Van Zandt). 25

(in any combination)

7  
Trout: Rainbow and brown trout, their hybrids, and subspecies.      
Guadalupe River (Comal) from the second bridge crossing on the River Road upstream to the easternmost bridge crossing on F.M. Road 306. 1 18  
Walleye.      
Lake Texoma (Cooke and Grayson). 5 18  

(ii) (No change.)

(c) Devices, means and methods.

(1) -(4) (No change.)

(5) Device restrictions.

(A) - (P) (No change.)

(Q) Trotline.

(i) - (iii) (No change.)

(iv) In salt water:

(I) it is unlawful to use a trotline:

(-a-) - (-b-) (No change.)

(-c-) [not marked with yellow flagging attached to stakes or with a yellow floating buoy not less than six inches in height and six inches in width attached to end fixtures. All trotline floats must be yellow.]

[(-d-)] placed closer than 50 feet from any other trotline, or set within 200 feet of the edge of the Intracoastal Waterway or its tributary channels. No trotline may be fished with the main fishing line and attached hooks and stagings above the water's surface;

(-d-) [(-e-)] baited with other than natural bait, except sail lines;

(-e-) [(-f-)] with hooks other than circle-type hook with point curved in and having a gap (distance from point to shank) of no more than one-half inch, and with the diameter of the circle not less than five-eighths inch. Sail lines are excluded from the restrictions imposed by this clause; or

(-f-) [(-g-)] in Aransas County in Little Bay and the water area of Aransas Bay within one-half mile of a line from Hail Point on the Lamar Peninsula, then direct to the eastern end of Goose Island, then along the southern shore of Goose Island, then along the causeway between Lamar Peninsula and Live Oak Peninsula, then along the eastern shoreline of the Live Oak Peninsula past the town of Fulton, past Nine-Mile Point, past the town of Rockport to a point at the east end of Talley Island, including that part of Copano Bay within 1,000 feet of the causeway between Lamar Peninsula and Live Oak Peninsula.

(II) (No change.)

(III) It is unlawful to fish for commercial purposes with:

(-a-) more than 20 trotlines at one time;

(-b-) any trotline that is not marked with yellow flagging attached to stakes or with a floating yellow buoy not less than six inches in height, six inches in length, and six inches in width attached to end fixtures;

(-c-) any trotline that is not marked with yellow flagging attached to stakes or with a yellow buoy bearing the commercial finfish fisherman's license plate number in letters of a contrasting color at least two inches high attached to end fixtures;

(-d-) any trotline that is marked with yellow flagging or with a buoy bearing a commercial finfish fisherman's license plate number other than the commercial finfish fisherman's license plate number displayed on the finfish fishing boat;

(IV) It is unlawful to fish for non-commercial purposes with:

(-a-) more than 1 trotline at any time; or

(-b-) any trotline that is not marked with a floating yellow buoy not less than six inches in height, six inches in length, and six inches in width, bearing a two-inch wide stripe of contrasting color, attached to end fixtures.

(R) (No change.)

§65.78. Crabs and Ghost Shrimp.

(a)- (c) (No change.)

(d) Devices, means and methods.

1. (No change.)

(2) Only the following means and methods may be used for taking crabs:

A. (No change.)

(B) Crab trap. It is unlawful to:

(i) fish for commercial purposes under authority of a commercial crab fisherman's license with more than 200 crab traps at one time;

(ii) fish for commercial purposes under authority of a commercial finfish fisherman's license with more than 20 crab traps at one time;

(iii) [(ii)]fish for non-commercial purposes with more than six crab traps at one time;

(iv) [(iii)] fish a crab trap in the fresh waters of this state;

(v) [(iv)] fish a crab trap that:

(I) exceeds 18 cubic feet in volume;

(II) is not equipped with at least two escape vents (minimum 2-3/8 inches inside diameter) in each crab-retaining chamber, and located on the outside trap walls of each chamber; and

(III) is not equipped with a degradable panel. A trap shall be considered to have a degradable panel if one of the following methods is used in construction of the trap:

(-a-) the trap lid tie-down strap is secured to the trap by a loop of untreated jute twine (comparable to Lehigh brand # 530) or sisal twine (comparable to Lehigh brand # 390). The trap lid must be secured so that when the twine degrades, the lid will no longer be securely closed; or

(-b-) the trap lid tie-down strap is secured to the trap by a loop of untreated steel wire with a diameter of no larger than 20 gauge. The trap lid must be secured so that when the wire degrades, the lid will no longer be securely closed; or

(-c-) the trap contains at least one sidewall, not including the bottom panel, with a rectangular opening no smaller than 3 inches by 6 inches. Any obstruction placed in this opening may not be secured in any manner except:

(-1-) it may be laced, sewn, or otherwise obstructed by a single length of untreated jute twine (comparable to Lehigh brand # 530) or sisal twine (comparable to Lehigh brand # 390) knotted only at each end and not tied or looped more than once around a single mesh bar. When the twine degrades, the opening in the sidewall of the trap will no longer be obstructed; or

(-2-) it may be laced, sewn, or otherwise obstructed by a single length of untreated steel wire with a diameter of no larger than 20 gauge. When the wire degrades, the opening in the sidewall of the trap will no longer be obstructed; or

(-3-) the obstruction may be loosely hinged at the bottom of the opening by no more than two untreated steel hog rings and secured at the top of the obstruction in no more than one place by a single length of untreated jute twine (comparable to Lehigh brand # 530), sisal twine (comparable to Lehigh brand # 390), or by a single length of untreated steel wire with a diameter of no larger than 20 gauge. When the twine or wire degrades, the obstruction will hinge downward and the opening in the sidewall of the trap will no longer be obstructed.

(vi) fish a crab trap for commercial purposes under authority of a commercial crab fisherman's license:

(I) that is not marked with a floating white buoy not less than six inches in height, six inches in length, and six inches in width attached to the crab trap;

(II) that is not marked with a white buoy bearing the commercial crab fisherman's license plate number in letters of a contrasting color at least two inches high attached to the crab trap;

(III) that is marked with a buoy bearing a commercial crab fisherman's license plate number other than the commercial crab fisherman's license plate number displayed on the crab fishing boat;

(vii) fish a crab trap for commercial purposes under authority of a commercial finfish fisherman's license:

(I) that is not marked with a floating yellow buoy not less than six inches in height, six inches in length, and six inches in width attached to the crab trap;

(II) that is not marked with a yellow buoy bearing the letter ‘F’ and the commercial finfish fisherman's license plate number in letters of a contrasting color at least two inches high attached to the crab trap;

(III) that is marked with a buoy bearing a commercial finfish fisherman's license plate number other than the commercial finfish fisherman's license plate number displayed on the finfish fishing boat;

[(v)fish a crab trap for commercial purposes that is not marked with a floating white buoy not less than six inches in height, six inches in length, and six inches in width attached to the crab trap;]

[(vi) fish a crab trap for commercial purposes that is not marked with a floating white buoy bearing the commercial crab fisherman’s license plate number in letters of a contrasting color at least two inches high attached to the crab trap;]

[(vii) fish a crab trap that is marked with a buoy bearing a commercial crab fisherman’s license plate number other than the commercial crab fisherman’s license plate number displayed on the crab fishing boat;]

(viii) fish a crab trap for non-commercial purposes without a floating white buoy not less than six inches in height, six inches in length, and six inches in width, bearing a two-inch wide center stripe of contrasting color, attached to the crab trap;

(ix) fish a crab trap in public salt waters without a valid gear tag. Gear tags must be attached within 6 inches of the buoy and are valid for 30 days after date set out.

(x) fish a crab trap within 200 feet of a marked navigable channel in Aransas County; and in the water area of Aransas Bay within one-half mile of a line from Hail Point on the Lamar Peninsula, then direct to the eastern end of Goose Island, then along the southern shore of Goose Island, then along the eastern shoreline of the Live Oak Peninsula past the town of Fulton, past Nine Mile Point, past the town of Rockport to a point at the east end of Talley Island including that part of Copano Bay within 1,000 feet of the causeway between Lamar Peninsula and Live Oak Peninsula or possess, use or place more than three crab traps in waters north and west of Highway 146 where it crosses the Houston Ship Channel in Harris County;

(xi) remove crab traps from the water or remove crabs from crab traps during the period from 30 minutes after sunset to 30 minutes before sunrise;

(xii) place a crab trap or portion thereof closer than 100 feet from any other crab trap, except when traps are secured to a pier or dock;

(xiii) fish a crab trap in public waters that is marked with a buoy made of a plastic bottle(s) of any color or size; or

(xiv) use or place more than three crab traps in public waters of the San Bernard River north of a line marked by the boat access channel at Bernard Acres.

(C)-(D) (No change.)

[(e) Effective Dates. The provisions of subsections (a)-(c), (d)(1)-(d)(2)(B)(iv)(II), and (d)(2)(B)(v)-(d)(2)(B)(xiv), above shall take effect September 1, 1998.]

This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency’s authority to adopt.

Issued in Austin, Texas, on


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