Commission Agenda Item No. 4
Presenter:
Stormy King
Action
License Possession Rules Regarding Verification of
Hunting and Fishing License Information
Implementation of Legislation Passed During the 86th Texas Legislature
Relating to House Bill 547
Recommended Adoption of Proposed Changes
August 22, 2019
I. Executive Summary: With this item, the staff seeks adoption of a proposed rule that would allow for the verification of purchase of a fishing, hunting, or combination fishing and hunting license via a wireless communication device.
II. Discussion: House Bill (H.B.) 547, enacted by the 86th Texas Legislature, amended the Texas Parks and Wildlife Code to require the Texas Parks and Wildlife Department (TPWD) to adopt rules allowing persons to present “for the purpose of verification of possession a hunting, fishing, or combination hunting and fishing license an image displayed on a wireless communication device.” H.B. 547 provides that the image may be from the TPWD website or a photograph of the license. The proposed amendment would effectuate the necessary changes and remove current language providing for exceptions to physical possession of license that are no longer applicable.
At the May 21, 2019 Texas Parks and Wildlife Commission (Commission) Work Session, the staff was authorized to publish proposed rules as necessary to implement legislation from the most recent session of the Texas Legislature in the Texas Register for public comment. The proposed rules appeared in the July 19, 2019 issue of the Texas Register (44 TexReg 3614). A summary of public comment on the proposed rules will be presented at the time of the hearing.
III. Recommendation: The staff recommends the Commission adopt the proposed motion:
“The Texas Parks and Wildlife Commission adopts an amendment to §53.2, concerning License Issuance Procedures, Fees, Possession, and Exemption Rules, with changes as necessary to the proposed text as published in the July 19, 2019 issue of the Texas Register (44 TexReg 3614).”
Commission Agenda Item No. 4
Exhibit A
REGULATIONS REQUIRED OR AUTHORIZED BY LEGISLATION
HOUSE BILL 547
LICENSE VERFICATION RULES
PROPOSAL PREAMBLE
1. Introduction.
The Texas Parks and Wildlife Department (the department) proposes an amendment to §53.2, concerning License Issuance Procedures, Fees, Possession, and Exemption Rules. The proposed amendment would allow for the verification of purchase of a fishing, hunting, or combination fishing and hunting license via a wireless communication device.
Under current rule, a person engaged in a hunting or fishing activity must be in physical possession of the necessary license, except for persons who purchased a license electronically and are awaiting fulfilment by mail. In the most recent session of the Texas Legislature, House Bill 547 was enacted and has become law. The bill requires the department to adopt rules allowing persons to present “for the purpose of verification of possession a hunting, fishing, or combination hunting and fishing license an image displayed on a wireless communication device.” The bill provides that the image may be from the department’s website or a photograph of the license. The proposed amendment would effect the necessary changes and remove current language providing for exceptions to physical possession of license that are no longer applicable.
The proposed amendment would require images of licenses to be of sufficient resolution, contrast, and image size to allow verification of licensure, which is necessary to prevent misunderstandings, as a photograph taken of a license taken at great distance, out of focus, or under poor lighting would frustrate the department’s ability to ascertain legal compliance with licensing requirements.
2. Fiscal Note.
Robert Macdonald, Regulations Coordinator, has determined that for each of the first five years that the amendment as proposed is in effect, there will be no fiscal implications to state or local governments as a result of administering or enforcing the rule.
3. Public Benefit/Cost Note.
Mr. Macdonald also has determined that for each of the first five years that the rule as proposed is in effect:
(A) The public benefit anticipated as a result of enforcing or administering the rule as proposed will be additional flexibility for the regulated community to prove licensure.
There will be no adverse economic effect on persons required to comply with the rule as proposed, as the proposed rule would not be mandatory, but at the discretion of the regulated community.
(B) Under the provisions of Government Code, Chapter 2006, a state agency must prepare an economic impact statement and a regulatory flexibility analysis for a rule that may have an adverse economic effect on small businesses, micro-businesses, and rural communities. As required by Government Code, §2006.002(g), the Office of the Attorney General has prepared guidelines to assist state agencies in determining a proposed rule’s potential adverse economic impact on small businesses. Those guidelines state that an agency need only consider a proposed rule’s “direct adverse economic impacts” to small businesses and micro-businesses to determine if any further analysis is required. For that purpose, the department considers “direct economic impact “to mean a requirement that would directly impose recordkeeping or reporting requirements; impose taxes or fees; result in lost sales or profits; adversely affect market competition; or require the purchase or modification of equipment or services.
The department has determined that the rule will not result in adverse economic impacts to small businesses, micro-businesses, or rural communities because it creates a voluntary alternative to the current requirements concerning hunting and fishing license possession.
(C) The department has not drafted a local employment impact statement under the Administrative Procedures Act, §2001.022, as the agency has determined that the rule as proposed will not impact local economies.
(D) The department has determined that because the rule as proposed does not impose a cost on regulated persons, it is not necessary to repeal or amend any existing rule.
(E) In compliance with the requirements of Government Code, §2001.0221, the department has prepared the following Government Growth Impact Statement (GGIS). The rule as proposed, if adopted, will:
(1) neither create nor eliminate a government program;
(2) not result in an increase or decrease in the number of full-time equivalent employee needs;
(3) not result in a need for additional General Revenue funding;
(4) not affect the amount of any fee;
(5) will create a new regulation;
(6) expand an existing regulation by creating additional options for proof of licensure, but would not limit or repeal an existing regulation;
(7) neither increase nor decrease the number of individuals subject to regulation; and
(8) not positively or adversely affect the state’s economy.
4. Request for Public Comment.
Comments on the proposal may be submitted to Robert Macdonald at (512) 389-4775, email: robert.macdonald@tpwd.texas.gov. Comments also may be submitted via the department’s website at https://www.tpwd.texas.gov/business/feedback/public_comment/.
5. Statutory Authority.
The amendment is proposed under the authority of Parks and Wildlife Code, §§42.006, 46.0085, and 50.004, which require the department by rule to allow for a person to present for the purpose of verification of possession of a hunting, fishing, or combination hunting and fishing license an image displayed on a wireless communication device.
The proposed amendment affects Parks and Wildlife Code, Chapters 42, 46, and 50.
6. Rule Text.
§53.2. License Issuance Procedures, Fees, Possession, and Exemption Rules.
(a) Hunting license possession.
(1) Except as provided by subsection (g) of this section, no[No] person may hunt turkey in this state without having a valid hunting license in immediate possession.
(2) A person may hunt species other than turkey in this state without having a valid hunting license in immediate possession if that person has acquired a license electronically (including by telephone) and has a valid confirmation number in his possession. Confirmation numbers shall only be valid for 20 days from date of purchase.
(3) Except as provided by subsection (g) of this section, a[A] person may hunt deer in this state without having a valid hunting license in immediate possession only if that person:
(A) has acquired a license electronically (including by telephone) and has a valid confirmation number in his possession; and
(B) is lawfully hunting:
(i) under the provisions of §65.29[§65.26] of this title (relating to Managed Lands Deer (MLD) Programs[Permits]);
[(ii) under the provisions of §65.28 of this title (relating to Landowner Assisted Management Permits (LAMPS));]
(ii)[(iii)] by special permit under the provisions of Chapter 65, Subchapter H of this title (relating to Public Lands Proclamation);
(iii)[(iv)] on department-leased lands under the provisions of Parks and Wildlife Code, §11.0271; or
(iv)[(v)] by special antlerless permit issued by the U.S. Forest Service (USFS) for use on USFS lands that are part of the department’s public hunting program.
(4) For the purposes of this chapter, any person under the age of 17 is a resident.
(b) Fishing license possession.
(1) A person may fish in this state without having a valid fishing license in immediate possession if that person:
(A) is exempt by rule or statute from holding a fishing license; or
(B) has acquired a license electronically (including by telephone) and has a valid confirmation number in possession. Confirmation numbers shall only be valid for 20 days from date of purchase.
(2) No person may catch and retain a red drum over 28 inches in length in the coastal waters of this state without having a valid fishing license, saltwater sportfishing stamp (unless exempt), and red drum tag in immediate possession.
(c) Issuance of licenses and stamp endorsements[stamps] electronically (on-line or by telephone).
(1) A person may acquire recreational hunting and/or fishing licenses electronically from the department by agreeing to pay a convenience fee of up to $5 per license in addition to the normal license fee.
(2) A person may acquire recreational hunting and/or fishing stamp endorsements[stamps] electronically from the department by agreeing to pay a convenience fee of up to $5 per stamp order in addition to the normal stamp endorsement fee(s). This fee shall not be charged if a license is acquired during the same transaction.
(d) The following categories of persons are exempt from fishing license requirements and fees:
(1) residents under 17 years of age;
(2) non-residents under 17 years of age;
(3) non-residents 65 years of age or older who are residents of Louisiana and who possess a Louisiana recreational fishing license;
(4) non-residents 65 years of age or older who are residents of Oklahoma;
(5) persons who hold valid Louisiana non-resident fishing licenses while fishing on all waters inland from a line across Sabine Pass between Texas Point and Louisiana Point that form a common boundary between Texas and Louisiana if the State of Louisiana allows a reciprocal privilege to persons who hold valid Texas annual or temporary non-resident fishing licenses; and
(6) residents of Louisiana who meet the licensing requirements of their state while fishing on all waters inland from a line across Sabine Pass between Texas Point and Louisiana Point that form a common boundary between Texas and Louisiana if the State of Louisiana allows a reciprocal privilege to Texas residents who hold valid Texas fishing licenses.
(e) An administrative fee of $3 shall be charged for replacement of lost or destroyed licenses, stamp endorsements[stamps], or permits. This fee shall not be charged for items which have a fee for duplicates otherwise prescribed by rule or statute.
(f) A license or permit issued under the Parks and Wildlife Code or this title that has been denied or revoked by the department may not be re-issued or reinstated unless the person applying for re-issuance or reinstatement applies to the department for re-issuance or reinstatement and pays to the department an application review fee of $100, in addition to any other fees or penalties required by law.
(g) A person who has purchased a valid hunting, fishing, or combination hunting and fishing license but is not in physical possession of that license in any circumstance for which the license is required may use a wireless communications device (laptop, cellphone, smart phone, electronic tablet, phablet, or similar device) to satisfy applicable license possession requirements.
(1) Upon request for proof of licensure by a department employee in the performance of official duties, a person may display one of the following images via a wireless communications device:
(A) an image of information from the Internet website of the department or mobile application verifying issuance of the license valid for the activity or circumstance for which proof of licensure has been requested; or
(B) a display image of a digital photograph of the applicable license issued to the person.
(2) The requirements of paragraph (1)(B) of this subsection are satisfied by separate digital images of the entirety of the front and back of the license. The images must be of a resolution, contrast, and image size sufficient to allow definitive verification of the information on the license.
(3) This subsection applies only to proof of licensure and does not relieve any person from any legal requirement or obligation to be in physical possession of a stamp, stamp endorsement, tag, or permit.
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