Presenter: Ann Bright

Commission Agenda Item No. 12
Action
Resident Military License/Stamp Reorganization
August 2005

I. Executive Summary: Senate Bill 1192 reorganized the Department's game bird stamps. House Bill 1076 requires the department to waive the fees for hunting and fishing licenses for a Texas resident on active duty as a member of the United States armed forces. The proposed rules are for the purpose of implementing these two bills and making a few clarifying changes.

II. Discussion: Senate Bill 1192 reorganized the department's game bird stamps, creating two new stamps from the current three. The white-winged dove stamp ($7) and waterfowl stamp ($7) are combined to create a single migratory game bird stamp. The fee for the stamp is $7. The stamp is required for the hunting of any migratory game bird (ducks, geese, teal, doves, coots, rails, gallinules, and sandhill cranes). The turkey stamp is eliminated and replaced by an upland game bird stamp ($7), which is required for the hunting of any non-migratory game bird (turkey, quail, pheasant, chachalaca, and prairie chicken). The legislation took effect June 20, meaning the stamp reorganization will be effective for the 2005-2006 hunting season, which begins September 1, 2005.

House Bill 1076 requires the department to waive the fees for hunting and fishing licenses for a Texas resident on active duty as a member of the United States armed forces. In keeping with the waiver of license fees mandated by the legislature, staff believes that it is appropriate to waive stamp fees for Texas residents on active duty in the United States armed forces. Qualifying Texas residents on active duty would be eligible to receive a super combination hunting and all water fishing package for no charge.

III. Recommendation: Staff recommends that the Commission adopt the proposed rule amendments necessary to implement Senate Bill 1192 and House Bill 1076 by the following motion:

"The Texas Parks and Wildlife Commission adopts amendments to 31 Texas Administrative Code §§53.3, 53.5, and 53.60, concerning stamps, stamp fees, and license and fee exemptions as published in the July 22, 2005, issue of the Texas Register (30 Tex. Reg. 4186)."

Attachment – 1

  1. Exhibit A – Proposed Stamp Reorganization and Texas Military Super Combo License Rule Proposal

Commission Agenda Item No. 12
Exhibit A

Stamp Reorganization
Texas Resident Military Super Combo License
Proposal Preamble

1. Introduction.

The Texas Parks and Wildlife Department (the department) proposes amendments to §§53.3, 53.5, and 53.60, concerning stamps, stamp fees, and license and fee exemptions.

The proposed amendments are necessary to implement the requirements of Senate Bill 1192 and House Bill 1076, as enacted by the 79th Texas Legislature.

Senate Bill 1192 reorganized the department’s game bird stamps, creating two new stamps from the current three. The white-winged dove stamp ($7) and waterfowl stamp ($7) are combined to create a single migratory game bird stamp. The fee for the stamp is $7. The stamp is required for the hunting of any migratory game bird (ducks, geese, teal, doves, coots, rails, gallinules, and sandhill cranes). The turkey stamp is eliminated and replaced by an upland game bird stamp ($7), which is required for the hunting of any non-migratory game bird (turkey, quail, pheasant, chachalaca, and prairie chicken). The legislation took effect June 20, meaning the stamp reorganization will be effective for the 2005-2006 hunting season, which begins September 1, 2005.

House Bill 1076 requires the department to waive the fees for hunting and fishing licenses for a Texas resident on active duty as a member of the United States armed forces. In keeping with the waiver of license fees mandated by the legislature, the department also believes that it is appropriate to waive stamp fees for Texas residents on active duty in the United States armed forces.

The proposed amendment to §53.3, concerning Combination Hunting and Fishing License Packages, would comport current language to reflect the creation of the new stamps and the elimination of the repealed stamps, and would add a new Texas resident active duty military super-combination hunting and “all water” fishing package to the list of licenses available from the department. The amendment is necessary to adjust the composition of the department’s combination-license packages to reflect the creation of the new stamps and the elimination of existing stamps and to implement the provisions of Senate Bill 1192 and House Bill 1076, enacted by the 79th Texas Legislature.

The proposed amendment to §53.5, concerning Recreational Hunting Licenses, Stamps, and Tags, would establish by rule the fees associated with the new stamps and eliminate references and fees for stamps that no longer exist as a result of legislative action. The amendment also eliminates a reference to the bonus deer tag, which no longer exists. The amendment is necessary to implement the provisions of Senate Bill 1192.

The proposed amendment to §53.60, concerning Stamps, would revise the list of stamps to reflect the new stamp structure created by the legislature, and delete references to the turkey, white-winged dove, and state waterfowl stamps. Currently, §53.60 authorizes the executive director to exempt certain persons from purchasing or possessing the listed stamps, exempts persons under the age of 17 and lifetime resident hunting license holders from purchasing or possessing the listed stamps, exempts a person with a lifetime resident combination hunting and fishing license from purchasing or possessing the listed stamps, exempts a qualified disabled veteran from purchasing or possessing the listed stamps, and lists the stamps contained in the collectors edition stamp package. The proposed amendment would remove references to the turkey, white-winged dove, and state waterfowl stamps, insert references to the upland game bird stamp and the migratory game bird stamp, and provide an exemption to stamp requirements for active-duty members of the United States armed forces who are Texas residents.


2. Fiscal Note.

Robert Macdonald, regulations coordinator, has determined that for each of the first five years the rules as proposed are in effect, there will be fiscal implications to state government as a result of enforcing or administering the rules. The department estimates a revenue loss of approximately $659,670 as a result of the waiver of stamp fees for Texas residents on active-duty military service. The estimate was derived by multiplying the estimated number of Texas residents on active-duty status (107,000) by the percentage of the general population of Texas residents who purchase a hunting (5.55%) or fishing license (15%), which produces the estimated number of Texas residents on active-duty likely to obtain the license package (21,989). This figure was then multiplied by the discounted price of the stamps contained in the “super combo” license package ($30). The department does not have empirical data on purchases of license types or stamps by active duty military personnel; therefore, for comparative purposes, the department assumes that in prior years active duty military personnel who purchased licenses or stamps purchased the “super combo” package rather than individual licenses and stamps.

There will be no fiscal implications to units of local government. The portion of the amendments that effect stamp reorganization will not result in fiscal implications to state or local governments, since the upland and migratory game bird stamps and fees are created by statute and not by this rulemaking.


3. Public Benefit/Cost Note.

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

(A) The public benefit anticipated as a result of enforcing or administering the rules as proposed will be to ensure that the department’s rules regarding stamps and fees are accurate, and that the department is in compliance with the directives and intent of the legislature.

(B) The proposed amendments will not result in adverse economic effects on small or microbusinesses or persons required to comply with the rules.

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

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

(E) The department has determined that Government Code, §2001.0225 (Regulatory Analysis of Major Environmental Rules) does not apply to the proposed rules.


4. Request for Public Comment.

Comments on the proposed rules may be submitted by phone, written correspondence or e-mail to Ann Bright, Texas Parks and Wildlife Department, 4200 Smith School Road, Austin, Texas 78744; (512) 389-8558; or ann.bright@tpwd.state.tx.us.

5. Statutory Authority.

The amendments are proposed under the authority of Senate Bill 1192, which amended Parks and Wildlife Code, Chapter 43, by adding Subchapter S, which authorizes the commission to establish the fee for a stamp issued under the subchapter and to exempt a person or class of persons by rule from the stamp requirements of the subchapter; Parks and Wildlife Code, Chapter 43, Subchapter I, which authorizes the commission to exempt a person from the stamp requirement of the subchapter; Chapter 43, Subchapter M, which authorizes the commission to exempt a person from the stamp requirement of the subchapter; Chapter 43, Subchapter U, which authorizes the commission to exempt a person from the stamp requirement of the subchapter; and Chapter 50, which authorizes the commission to establish fees for combination licenses or license packages.

The proposed amendments affect Parks and Wildlife Code, Chapters 43 and 50.


§53.3. Combination Hunting and Fishing License Packages. Combination hunting and fishing license packages may be priced at an amount less than the sum of the license and stamp prices of the individual licenses and stamps included in the package.

(1) Resident combination hunting and freshwater fishing package—$47. Package consists of a resident hunting license, a resident fishing license and a freshwater fish stamp;

(2) Resident combination hunting and saltwater fishing package—$52. Package consists of a resident hunting license, a resident fishing license, a saltwater sportfishing stamp, and a red drum tag;

(3) Resident combination hunting and "all water" fishing package—$57. Package consists of a resident hunting license, a resident fishing license, a freshwater fish stamp, a saltwater sportfishing stamp, and a red drum tag;

(4) Resident senior combination hunting and freshwater fishing package—$15. Package consists of a resident hunting license, a resident fishing license and a freshwater fish stamp;

(5) Resident senior combination hunting and saltwater fishing package—$20. Package consists of a resident hunting license, a resident fishing license, a saltwater sportfishing stamp, and a red drum tag;

(6) Resident senior combination hunting and "all water" fishing package—$25. Package consists of a resident hunting license, a resident fishing license, a freshwater fish stamp, a saltwater sportfishing stamp, and a red drum tag;

(7) Resident super combination hunting and "all water" fishing package—$64. Package consists of a resident hunting license, a migratory game bird stamp, an upland game bird stamp,[a turkey stamp, a white-wing dove stamp, a state waterfowl stamp,] an archery stamp, a resident fishing license, a freshwater fish stamp, and a saltwater sportfishing stamp with a red drum tag;

(8) Resident senior super combination hunting and "all water" fishing package—$30. Package consists of a resident hunting license, a migratory game bird stamp, an upland game bird stamp,[a turkey stamp, a white-wing dove stamp, a state waterfowl stamp,] an archery stamp, a resident fishing license, a freshwater fish stamp, and a saltwater sportfishing stamp with a red drum tag;

(9) Resident disabled veteran super combination hunting and "all water" fishing package—$0. Package consists of a resident hunting license, a migratory game bird stamp, an upland game bird stamp,[a turkey stamp, a white-wing dove stamp, a state waterfowl stamp,] an archery stamp, a resident fishing license, a freshwater fish stamp, and a saltwater sportfishing stamp with a red drum tag; and

(10) Texas resident active duty military super combination hunting and "all water" fishing package—$0. Package consists of a resident hunting license, an upland game bird stamp, a migratory game bird stamp, an archery stamp, a resident fishing license, a freshwater fish stamp, and a saltwater sportfishing stamp with a red drum tag; and

(11)[(10)] Replacement combination or replacement super combination packages—$10 except for a replacement disabled veteran super combination hunting and "all water" fishing package or a Texas resident active duty military super combination hunting and “all water” fishing package, which shall be replaced at no charge.

§53.5. Recreational Hunting Licenses, Stamps, and Tags.

(a) Hunting licenses:

(1) resident hunting—$23;

(2) special resident hunting—$6. Valid for residents under 17 years of age, residents who are 65 years of age or older, and nonresident hunters who are under 17 years of age on the date of license purchase;

(3) replacement hunting—$10;

(4) general nonresident hunting—$300;

(5) nonresident special hunting—$125;

(6) nonresident five-day special hunting—$45;

(7) nonresident spring turkey hunting—$120; and

(8) nonresident banded bird hunting—$25.

(b) Hunting stamps and tags:

(1) upland game bird[turkey]—$7[$5];

(2) migratory game bird[white-winged dove]—$7;and

(3) archery hunting—$7[;]

[(4) state waterfowl—$7.; and]

[(5) bonus deer tag—-$10].

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 authority of Senate Bill 1192, which amended Parks and Wildlife Code, Chapter 43, by adding Subchapter S, which authorizes the commission to establish the fee for a stamp issued under the subchapter and to exempt a person or class of persons by rule from the stamp requirements of the subchapter; Parks and Wildlife Code, Chapter 43, Subchapter I, which authorizes the commission to exempt a person from the stamp requirement of the subchapter; Chapter 43, Subchapter M, which authorizes the commission to exempt a person from the stamp requirement of the subchapter; Chapter 43, Subchapter U, which authorizes the commission to exempt a person from the stamp requirement of the subchapter; and Chapter 50, which authorizes the commission to establish fees for combination licenses or license packages.

The proposed amendment affects Parks and Wildlife Code, Chapters 43 and 50.

§53.60. Stamps.

(a) Stamp form. Stamp sizes and formats shall be prescribed by the executive director.

(b) Stamp Design. An artist's original rendition will be the basic design. Stamps issued by an automated system may be an alternate design as prescribed by the executive director.

(c) Stamp Manner of Issuance. The stamp will be issued upon payment of the prescribed fee in a manner determined by the executive director.

(d) Stamp Purchase Identification and Possession Requirements.

(1) A person may hunt without a required state hunting stamp in immediate possession if the person has acquired a stamp electronically (including by telephone) and has a valid authorization number in possession. Authorization numbers shall only be valid for 20 days from purchase date.

(2) A person may fish without a required fishing stamp in immediate possession if the person has acquired a stamp electronically (including by telephone) and has a valid authorization number in possession. Authorization numbers shall only be valid for 20 days from purchase date.

(3) A state hunting or fishing stamp issued in an automated manner to a person using the stamp is valid for hunting or fishing purposes without the user's signature on its face.

(e) Stamp Exemptions.

(1) The commission grants the executive director authority to exempt persons participating in any event organized for the primary purpose of promoting participation in fishing or hunting activities from the requirement to purchase or possess the following stamps:

(A) migratory game bird stamp[white-winged dove stamp];

(B) archery hunting stamp;

(C) upland game bird stamp[turkey stamp];

[(D) state waterfowl stamp;]

(D)[(E)] saltwater sportfishing stamp; and

(E)[(F)] freshwater fishing stamp.

(2) All nonresident spring turkey hunting license holders are exempt from requirements for acquisition and possession of the upland game bird[turkey] stamp.

(3) Special resident hunting license holders who are under 17 years of age on the date of license purchase and all lifetime resident hunting license holders are exempt from requirements for acquisition and possession of the following stamps:

(A) migratory game bird stamp[white-winged dove stamp];

(B) upland game bird stamp; and[turkey stamp;]

(C) archery hunting stamp.[; and]

[(D) state waterfowl stamp;]

(4) All lifetime resident combination hunting and fishing license holders are exempt from requirements for acquisition and possession of the following stamps:

(A) migratory game bird stamp[white-winged dove stamp];

(B) upland game bird stamp[turkey stamp];

(C) archery hunting stamp;

[(D) state waterfowl stamp;]

(D)[(E)] saltwater sportfishing stamp; and

(E)[(F)] freshwater fishing stamp.

(5) All lifetime resident fishing license holders are exempt from requirements for acquisition and possession of the following stamps;

(A) saltwater sportfishing stamp;

(B) freshwater fishing stamp.

(6) All persons meeting the definition of a qualified disabled veteran under the provisions of Parks and Wildlife Code, §42.012(c), are exempt from the fees for the following stamps:

(A) migratory game bird stamp[state waterfowl];

(B) upland game bird stamp[turkey stamp];

[(C) white-winged dove;]

(C)[(D)] archery;

(D)[(E)] saltwater fishing; and

(E)[(F)] freshwater fishing.

(7) All Texas residents on active duty in the armed forces of the United States (including members of the Reserves and National Guard on active duty) are exempt from the fees for the following stamps:

(A) migratory game bird stamp;

(B) upland game bird stamp;

(C) archery;

(D) saltwater fishing; and

(E) freshwater fishing.

(f) Obsolete Stamps and Decals. An obsolete stamp is a stamp that is not valid.

(1) Obsolete stamps and decals shall be sold for informational purposes, either at an established fee for collector's edition stamp package, or at face value for individual stamps, plus a processing charge sufficient to recover shipment, postage, and sales tax.

(2) Stamps and decals shall remain on sale for a maximum of one fiscal year after expiration. During the second year, obsolete stamps and decals shall be sold only by book.

(3) Previous issues of Nongame and Endangered Species stamps may be made available for sale at $10 for individual stamps or decals, and $75 or less for a complete set of the 11 stamps issued from 1985 through 1995. The department may sell a limited number of collector's sets of the 11 stamps issued from 1985 through 1995, framed and mounted, for $300 or less per set. The department may add to this price a processing charge sufficient to recover shipment, postage, and sales tax. The Department may give away earlier issues of decals and use previously issued stamps in merchandise items that are offered for sale or as promotional items.

(g) Nongame and Endangered Species stamps issued during and after 1996 are one of seven stamps issued as collectors series set and are subject to the same rules as other obsolete stamps.

(1) The executive director may maintain a limited number of stamps and decals of each type and year.

(2) All other obsolete stamps and decals shall be destroyed.

(h) Collector's edition stamp package.

(1) A collector's edition stamp package shall consist of one each of the following stamps:

(A) migratory game bird stamp[turkey stamp];

(B) upland game bird stamp[white-winged dove stamp];

(C) nongame stamp;

(D) archery stamp;

[(E) state waterfowl stamp;]

(E)[(F)] saltwater sportfishing stamp; and

(F)[(G)] freshwater fishing stamp.

(2) Stamps in the package are not valid for hunting or fishing.

(3) Fee for the package shall be $10 wholesale price and $20 retail price plus applicable sales tax.

(i) In addition to the freshwater fishing stamp, the department may make available a collectible freshwater habitat stamp for a fee of $5.

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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