TPWD: May 25, 2023 Commission Meeting Agenda

May 24-25, 2023, Commission Meeting Agenda

Work Session

Commission Agenda Items

March 22-23, 2023, Transcripts

Commission Meeting Agenda Item No. 1
Presenter: Chris Cerny

Action
Digital Licensing and Tagging Requirements
Recommended Adoption of Proposed Changes
May 25, 2023

I. Executive Summary: Staff seeks adoption of proposed rule changes governing digital licenses and tagging. The proposed amendments would expand digital tag options to four additional license and tag types, including the Youth Hunting License, Exempt Angler Red Drum Tag, Lifetime Hunting tags, and Lifetime Fishing tags.

Lea el Resumen Ejecutivo del Tema Núm. 1 en español

II. Discussion: The 87th Texas Legislature enacted House Bill 3081, which authorized the Texas Parks and Wildlife Commission (Commission) to develop and implement a program for the issuance of digital tags for animals, including birds, to holders of hunting licenses authorizing the taking of those animals. Texas Parks and Wildlife Department initiated a pilot program to offer licenses with digital tagging for the current license year that began on August 15, 2022. Since this was a pilot program, the digital license and tagging option was limited to the “Super Combo” License packages and tags. For the next license year that begins on August 15, 2023, staff proposes to expand the “digital portfolio” to include the Youth Hunting License, Exempt Angler Red Drum Tag, and tags related to existing holders of the Lifetime Hunting License and Lifetime Fishing License.

At the Commission Work Session meeting on March 22, 2023, staff was authorized to publish the proposed rules in the Texas Register for public comment. The proposed rules appeared in the April 21, 2023, issue of the Texas Register (48 TexReg 2041). A summary of public comment on the proposed rules will be presented at the time of the meeting.

III. Recommendation: The staff recommends that the Commission adopt the following motion:

“The Texas Parks and Wildlife Commission adopts amendments to 31 Texas Administrative Code §§53.4-53.6, concerning Fees; new §53.18 concerning License Issuance Procedures, Fees, Possession, and Exemption Rules – Provisions for Digital Products; an amendment to §53.60, concerning Stamps; new §57.984, concerning Special Provisions – Digital Exempt Angler Red Drum Tag; and amendments to §§65.7, 65.8, 65.10, 65.42, and 65.64, concerning the Statewide Hunting Proclamation, as listed in Exhibit A, with changes as necessary to the proposed text as published in the April 21, 2023, issue of the Texas Register (48 TexReg 2041).”

Attachments – 3

Exhibit A – Proposed Rules, Chapter 53
Exhibit B – Proposed Rules, Chapter 57
Exhibit C – Proposed Rules, Chapter 65

Commission Agenda Item No. 1
Exhibit A

DIGITAL LICENSE AND TAGGING RULES

ISSUANCE AND POSSESSION RULES

PROPOSAL PREAMBLE

1. Introduction

The Texas Parks and Wildlife Department proposes amendments to 31 TAC §§53.4-53.6, concerning Fees, new §53.18, concerning License Issuance Procedures, Fees, Possession, and Exemption Rules – Provisions for Digital Products, and an amendment to §53.60, concerning Stamps. The amendments and new section would function, in conjunction with proposed amendments to §§65.7, 65.8, 65.10, 65.42, 65.64 and proposed new §57.984, published elsewhere in this issue of the Texas Register, to create and implement provisions for use of a digital version of the youth hunting license, digital tags for lifetime resident hunting licenses and lifetime resident fishing licenses, and a digital version of the exempt angler red drum tag.

The 87^th Texas Legislature (2021) enacted House Bill (H.B.) 3081, which authorized the commission to develop and implement a program for the issuance of digital tags for animals, including birds, to holders of hunting licenses authorizing the taking of those animals. The department accordingly initiated a pilot program in 2022 to determine the public receptivity to and logistical feasibility of the concept of digital licenses, stamp endorsements, and tags for hunting and fishing, which resulted in the creation of digital versions of the super combination hunting and “all water” fishing license and the lifetime resident super combination hunting and "all water" fishing package (47 TexReg 1888).

After conducting an analysis of customer purchasing behavior with respect to digital licenses and products, the department has determined that it is appropriate to offer a digital version of the youth hunting license, the lifetime resident hunting license, and the lifetime fishing license for the license year beginning September 1, 2023. Additionally, the exempt angler red drum tag, which allows persons who are exempt from fishing license and stamp endorsement requirements to harvest red drum, would be available in a digital version.

The proposed amendment to §53.4, concerning Lifetime Licenses, would provide for the issuance of digital versions of the lifetime resident hunting and lifetime resident fishing licenses.

The proposed amendment to §53.5, concerning Recreational Hunting Licenses, Stamps, and Tags, would provide for the issuance of a digital version of the youth hunting license.

The proposed amendment to §53.6, concerning Recreational Fishing Licenses, Stamps, and Tags, would provide for a digital version of the exempt angler red drum tag.

Proposed new §53.18, concerning License Issuance Procedures, Fees, Possession, and Exemption Rules – Provisions for Digital Products, would add the youth hunting license, lifetime resident hunting license, and lifetime resident fishing licenses to the applicability of rules in the subchapter with respect to providing proof of licensure for persons who purchase a digital license.

The proposed amendment to §53.60, concerning Stamps, would create exceptions to the current rules regarding possession of required stamps necessary to accommodate the creation of digital licenses.

2. Fiscal Note.

Chris Cerny, Business Analyst, has determined that for each of the first five years that the rules as proposed are in effect, there will be minimal fiscal implications to the department, if any, and those fiscal implications will be positive.

There will be no implications for other units of state or local governments as a result of administering or enforcing the rules.

3. Public Benefit/Cost Note.

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

(A) The public benefit anticipated as a result of enforcing or administering the proposed rules will be the provision of additional licensing options for public enjoyment.

(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, or 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 impacts to small businesses, micro-businesses, or rural communities. 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 proposed rules will not result in direct adverse impacts on small businesses, micro-businesses, or rural communities because the proposed rules regulate various aspects of recreational license privileges that allow individual persons to pursue and harvest public wildlife resources in this state and therefore do not directly affect small businesses, micro-businesses, or rural communities. Therefore, neither the economic impact statement nor the regulatory flexibility analysis described in Government Code, Chapter 2006, is required.

(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 rules as proposed will not impact local economies.

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

(E) 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.

(F) In compliance with the requirements of Government Code, §2001.0221, the department has prepared the following Government Growth Impact Statement (GGIS). The rules 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) create a new regulation (governing digital licenses and tagging);

(6) not repeal, expand, or limit a 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 Chris Cerny at (512) 389-4594, e-mail: chris.cerny@tpwd.texas.gov. Comments also may be submitted via the department’s website at http://www.tpwd.texas.gov/business/feedback/public_comment/.

5. Statutory Authority.

The amendments and new section are proposed under the authority of Parks and Wildlife Code, §42.010, which requires the department to prescribe the form and issuance of hunting licenses authorized under Parks and Wildlife Code, Chapter 42; §42.0101, which authorizes the commission to promulgate rules for the issuance of digital tags for animals, including birds, to holders of hunting licenses authorizing the taking of those animals, including rules allowing a person using a digital tag to create a digital record at the time of the taking of an animal that includes information required by the department as soon as possible after the taking of the animal and requiring a person using a digital tag to retain in the person’s possession documentation of a required digital record at all times before the carcass is finally processed; §42.0177, which authorizes the commission to modify or eliminate the tagging, carcass, final destination, and final processing requirements of Chapter 42; §42.006, which authorizes the commission to prescribe requirements relating to possessing a license issued under Chapter 42 by rule; §46.0085, which authorizes the department to issue tags for finfish species allowed by law to be taken during each year or season from coastal waters of the state to holders of licenses authorizing the taking of finfish species; §46.0086, which authorizes the commission to prescribe tagging requirements for the take of finfish; §50.004, which requires the department to issue and prescribe the form and manner of issuance for combination hunting and fishing licenses, including identification and compliance requirements; §61.052, which requires the commission to regulate the periods of time when it is lawful to hunt, take, or possess game animals, game birds, or aquatic animal life in this state; and §61.054 which requires the commission to specify the means, methods, and places in which it is lawful to hunt, take, or possess game animals, game birds, or aquatic animal life in this state; the species, quantity, age or size, and, to the extent possible, the sex of the game animals, game birds, or aquatic animal life authorized to be hunted, taken, or possessed; and the region, county, area, body of water, or portion of a county where game animals, game birds, or aquatic animal life may be hunted, taken, or possessed.

The proposed amendments and new section affect Parks and Wildlife Code, Chapters 42, 46, 50, and 61.

6. Rule Text.

§53.4. Lifetime Licenses.

(a) Fees.

(1) lifetime resident super combination hunting and "all water" fishing package — $1,800.[;]

[(A) includes the digital tag option that does not require the license log or the physical license tags found on the physical license. The digital tag option is available beginning the year after the year of purchase of the license (and each year thereafter); and]

[(B) the provisions of §53.3(a)(12)(B) — (D) of this title (relating to Combination Hunting and Fishing License Packages) apply.]

(2) – (5) (No change.)

(b) – (c) (No change.)

(d) The licenses listed in this section are available with a digital tag option that does not require the license log or the physical license tags found on the physical license.

(1) The digital tag option is available beginning the year after the year of purchase of the license (and each year thereafter); and

(2) the provisions of §53.3(a)(12)(B) — (D) of this title (relating to Combination Hunting and Fishing License Packages) apply.

§53.5 Recreational Hunting Licenses, Stamps, and Tags

(a) Hunting Licenses:

(1) – (2) (No change.)

(3) youth hunting — $7.

(A) Valid for any person under 17 years of age on the date of license purchase.

(B) This license is available in a digital version that does not include the license log or the physical license tags found on the physical license.

(4) – (9) (No change.)

(b) – (d) (No change.)

§53.6. Recreational Fishing Licenses, Stamps, and Tags.

(a) – (d) (No change.)

(e) Fishing tags:

(1) exempt angler red drum tag — $3;[.]

(A) Provides a red drum tag for persons that are exempt from the purchase of a resident or non-resident fishing license of any type or duration.[;]

(B) This tag is available in a digital version. At the time of execution, the user must be in possession of a smart phone, computer, tablet, or similar device indicating acquisition of the digital tag.

(2) bonus red drum tag provides a second red drum tag to persons that have previously received a red drum tag — $3. This tag is available in a digital version. At the time of execution, the user must be in possession of a smart phone, computer, tablet, or similar device indicating acquisition of the digital tag;

(3) – (4) (No change.)

§53.18. License Issuance Procedures, Fees, Possession, and Exemption Rules – Provisions for Digital Products. The provisions of this section are in addition to the provisions of §53.2 of this title (relating to License Issuance Procedures, Fees, Possession, and Exemption Rules) and to the extent that any provision of this section conflicts with the provisions of §53.2 of this title, this section controls.

(a) Hunting license possession. A person may hunt in this state without having a valid physical hunting license in immediate possession if that person has acquired a license electronically and has a receipt, notification, or application data from the department on a smart phone, computer, tablet, or similar device indicating acquisition of a digital license described in §53.3(a)(12) of this title (relating to Combination Hunting and Fishing License Packages), §53.4 of this title (relating to Lifetime Licenses), or §53.5(a)(3) of this title (relating to Recreational Hunting Licenses, Stamps, and Tags).

(b) Fishing license possession.

(1) A person may fish in this state without having a valid physical fishing license in immediate possession if that person has acquired a license electronically and has a receipt, notification, or application data from the department on a smart phone, computer, tablet, or similar device indicating acquisition of a digital license described in §53.3(a)(12) of this title or §53.4 of this title.

(2) A 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, and valid red drum tag in immediate possession, if the person has:

(A) obtained a valid digital exempt angler red drum tag; or

(B) purchased a valid digital license described in §53.3(a)(12) of this title or a valid license with digital tags under 53.4 of this title.

(c) Issuance of licenses, stamp endorsements, and tags electronically (on-line or by telephone).

(1) A person may acquire a tag electronically from the department by agreeing to pay a convenience fee of up to $5 in addition to the normal tag fee, if a fee is required. This fee shall not be charged if the tag is acquired in the same transaction with a license.

(2) The fees established by this subsection apply to the electronic acquisition of a digital license, stamp endorsement, or tag identified in §53.3(a)(12) of this title, 53.4 of this title, §53.5(a)(3) of this title, or §53.6 of this title (relating to Recreational Fishing Licenses, Stamps, and Tags).

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 the authority of Parks and Wildlife Code, §42.010, which requires the department to prescribe the form and issuance of hunting licenses authorized under Parks and Wildlife Code, Chapter 42; §42.0101, which authorizes the commission to promulgate rules for the issuance of digital tags for animals, including birds, to holders of hunting licenses authorizing the taking of those animals, including rules allowing a person using a digital tag to create a digital record at the time of the taking of an animal that includes information required by the department as soon as possible after the taking of the animal and requiring a person using a digital tag to retain in the person’s possession documentation of a required digital record at all times before the carcass is finally processed; §42.0177, which authorizes the commission to modify or eliminate the tagging, carcass, final destination, and final processing requirements of Chapter 42; §42.006, which authorizes the commission to prescribe requirements relating to possessing a license issued under Chapter 42 by rule; §46.0085, which authorizes the department to issue tags for finfish species allowed by law to be taken during each year or season from coastal waters of the state to holders of licenses authorizing the taking of finfish species; §46.0086, which authorizes the commission to prescribe tagging requirements for the take of finfish; §50.004, which requires the department to issue and prescribe the form and manner of issuance for combination hunting and fishing licenses, including identification and compliance requirements; §61.052, which requires the commission to regulate the periods of time when it is lawful to hunt, take, or possess game animals, game birds, or aquatic animal life in this state; and §61.054 which requires the commission to specify the means, methods, and places in which it is lawful to hunt, take, or possess game animals, game birds, or aquatic animal life in this state; the species, quantity, age or size, and, to the extent possible, the sex of the game animals, game birds, or aquatic animal life authorized to be hunted, taken, or possessed; and the region, county, area, body of water, or portion of a county where game animals, game birds, or aquatic animal life may be hunted, taken, or possessed.

The proposed amendment affects Parks and Wildlife Code, Chapters 42, 46, 50, and 61.

§53.60. Stamps.

(a) (No change.)

(b) Stamp Purchase Identification and Possession Requirements.

(1) A person may hunt without a required state hunting stamp endorsement in immediate possession if the person:

(A) possesses a valid digital license issued under the provisions of §53.3(a)(12) of this title, [or] a valid license with digital tags under §53.4[§53.4(a)(1)] of this title(relating to Lifetime Licenses) or §53.5(a)(3) of this title (relating to Recreational Hunting Licenses, Stamps, and Tags; or

(B) (No change.)

(2) A person may fish without a required fishing stamp endorsement in immediate possession if the person:

(A) possesses a valid digital license issued under the provisions of §53.3(a)(12) of this title or a valid license with digital tags under §53.4[§53.4(a)(1)] of this title; or

(B) has acquired a stamp endorsement electronically and has a valid authorization number in possession while awaiting fulfilment of the physical tag. Authorization numbers shall only be valid for 20 days from purchase date.

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

Commission Agenda Item No. 1
Exhibit B

DIGITAL LICENSE AND TAGGING RULES

ISSUANCE AND POSSESSION RULES

PROPOSAL PREAMBLE

1. Introduction

The Texas Parks and Wildlife Department proposes new §57.984, concerning Special Provisions – Digital Exempt Angler Red Drum Tag. The proposed new section would prescribe the requirements for the take of oversize red drum by persons who are exempt by statute or rule from fishing license possession requirements. The department in proposed new 31 TAC §53.18 published elsewhere in this issue of the Texas Register would create a digital version of the current exempt angler red drum tag. The proposed new rule is necessary to prescribe the requirements for the execution of the tag. The proposed new rule is also necessary because under ordinary circumstances the provisions would be part of §57.981, concerning Bag, Possession, and Length Limits; however, that section is currently the subject of proposed rulemaking, which makes it unavailable for amendment in time to take effect before the next license year.

After conducting an analysis of customer purchasing behavior with respect to digital licenses, the department has determined that it is feasible to offer a digital version of the exempt angler red drum tag, which allows person who are exempt from fishing license and stamp endorsement requirements to harvest red drum, would be available in a digital version.

2. Fiscal Note.

There will be no implications for other units of state or local governments as a result of administering or enforcing the rules.

3. Public Benefit/Cost Note.

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

(A) The public benefit anticipated as a result of enforcing or administering the proposed rules will be the provision of additional licensing options for public enjoyment.

The department has determined that the proposed amendments will not result in direct adverse impacts on small businesses, micro-businesses, or rural communities because the proposed rules regulate various aspects of recreational license privileges that allow individual persons to pursue and harvest public wildlife resources in this state and therefore do not directly affect small businesses, micro-businesses, or rural communities. Therefore, neither the economic impact statement nor the regulatory flexibility analysis described in Government Code, Chapter 2006, is required.

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

(E) 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.

(F) In compliance with the requirements of Government Code, §2001.0221, the department has prepared the following Government Growth Impact Statement (GGIS). The rules 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) create a new regulation (governing digital licenses and tagging);

(6) not repeal, expand, or limit a 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.

5. Statutory Authority.

The new section is proposed under the authority of Parks and Wildlife Code, §42.010, which requires the department to prescribe the form and issuance of hunting licenses authorized under Parks and Wildlife Code, Chapter 42; §42.0101, which authorizes the commission to promulgate rules for the issuance of digital tags for animals, including birds, to holders of hunting licenses authorizing the taking of those animals, including rules allowing a person using a digital tag to create a digital record at the time of the taking of an animal that includes information required by the department as soon as possible after the taking of the animal and requiring a person using a digital tag to retain in the person’s possession documentation of a required digital record at all times before the carcass is finally processed; §42.0177, which authorizes the commission to modify or eliminate the tagging, carcass, final destination, and final processing requirements of Chapter 42; §42.006, which authorizes the commission to prescribe requirements relating to possessing a license issued under Chapter 42 by rule; §46.0085, which authorizes the department to issue tags for finfish species allowed by law to be taken during each year or season from coastal waters of the state to holders of licenses authorizing the taking of finfish species; §46.0086, which authorizes the commission to prescribe tagging requirements for the take of finfish; §50.004, which requires the department to issue and prescribe the form and manner of issuance for combination hunting and fishing licenses, including identification and compliance requirements; § 61.052, which requires the commission to regulate the periods of time when it is lawful to hunt, take, or possess game animals, game birds, or aquatic animal life in this state; and §61.054 which requires the commission to specify the means, methods, and places in which it is lawful to hunt, take, or possess game animals, game birds, or aquatic animal life in this state; the species, quantity, age or size, and, to the extent possible, the sex of the game animals, game birds, or aquatic animal life authorized to be hunted, taken, or possessed; and the region, county, area, body of water, or portion of a county where game animals, game birds, or aquatic animal life may be hunted, taken, or possessed.

The proposed new rule affects Parks and Wildlife Code, Chapters 42, 46, 50, and 61.

6. Rule Text.

§57.984. Special Provisions — Digital Exempt Angler Red Drum Tag.

(a) In addition to the requirements of §57.981(c)(5)(G) of this title (relating to Bag, Possession, and Length Limits), one red drum exceeding the maximum length limit may be retained by a person who is by statute or rule exempt from fishing license possession requirements, provided the person has obtained a digital exempt angler red drum tag. A fish retained under the provisions of this section may be retained in addition to the daily bag and possession limit provided under §57.981(c)(5)(G)(iii).

(b) A person who lawfully takes a red drum under the provisions of subsection (a) of this section is exempt from any requirement of Parks and Wildlife Code or this subchapter regarding the use of license tags for that species; however, that person shall immediately upon take ensure that a harvest report is created and submitted via a mobile or web application provided by the department for that purpose. If the absence of data connectivity prevents the receipt of a confirmation number from the department following the report required by this subparagraph, the person who took the red drum is responsible for ensuring that the report required by this subparagraph is uploaded to the department immediately upon the availability of network connectivity.

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

Commission Agenda Item No. 1
Exhibit C

DIGITAL LICENSE AND TAGGING RULES

ISSUANCE AND POSSESSION RULES

PROPOSAL PREAMBLE

1. Introduction

The Texas Parks and Wildlife Department proposes amendments to 31 TAC §§65.7, 65.8, 65.10, 65.42, and 65.64, concerning the Statewide Hunting Proclamation. The amendments would function, in conjunction with proposed amendments to §§53.4 — 53.6, 53.60, new 53.18, and new §57.984, published elsewhere in this issue of the Texas Register, to create and implement provisions for the use of a digital version of the youth hunting license and digital tags for lifetime resident hunting licenses and lifetime resident fishing licenses.

2. Fiscal Note.

There will be no implications for other units of state or local governments as a result of administering or enforcing the rules.

3. Public Benefit/Cost Note.

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

(A) The public benefit anticipated as a result of enforcing or administering the proposed rules will be the provision of additional licensing options for public enjoyment.

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

(E) 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.

(F) In compliance with the requirements of Government Code, §2001.0221, the department has prepared the following Government Growth Impact Statement (GGIS). The rules 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) create a new regulation (governing digital licenses and tagging);

(6) not repeal, expand, or limit a 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.

5. Statutory Authority.

The amendments are proposed under the authority of Parks and Wildlife Code, §42.010, which requires the department to prescribe the form and issuance of hunting licenses authorized under Parks and Wildlife Code, Chapter 42; §42.0101, which authorizes the commission to promulgate rules for the issuance of digital tags for animals, including birds, to holders of hunting licenses authorizing the taking of those animals, including rules allowing a person using a digital tag to create a digital record at the time of the taking of an animal that includes information required by the department as soon as possible after the taking of the animal and requiring a person using a digital tag to retain in the person’s possession documentation of a required digital record at all times before the carcass is finally processed; §42.0177, which authorizes the commission to modify or eliminate the tagging, carcass, final destination, and final processing requirements of Chapter 42; §42.006, which authorizes the commission to prescribe requirements relating to possessing a license issued under Chapter 42 by rule; §46.0085, which authorizes the department to issue tags for finfish species allowed by law to be taken during each year or season from coastal waters of the state to holders of licenses authorizing the taking of finfish species; §46.0086, which authorizes the commission to prescribe tagging requirements for the take of finfish; §50.004, which requires the department to issue and prescribe the form and manner of issuance for combination hunting and fishing licenses, including identification and compliance requirements; §61.052, which requires the commission to regulate the periods of time when it is lawful to hunt, take, or possess game animals, game birds, or aquatic animal life in this state; and §61.054 which requires the commission to specify the means, methods, and places in which it is lawful to hunt, take, or possess game animals, game birds, or aquatic animal life in this state; the species, quantity, age or size, and, to the extent possible, the sex of the game animals, game birds, or aquatic animal life authorized to be hunted, taken, or possessed; and the region, county, area, body of water, or portion of a county where game animals, game birds, or aquatic animal life may be hunted, taken, or possessed.

The proposed amendment affects Parks and Wildlife Code, Chapters 42, 46, 50, and 61.

6. Rule Text.

65.7. Harvest Log.

(a) The provisions of this subsection apply only to a person in possession of a license purchased through an automated point-of-sale system and do not apply to a digital license issued by the department pursuant to §53.3(a)(12) of this title (relating to Combination Hunting and Fishing License Packages), §53.4[or §53.4(a)(1)] of this title (relating to Lifetime Licenses) or §53.5(a)(3) of this title (relating to Recreational Hunting License, Stamps, and Tags).

(1) – (2) (No change.)

(b) (No change.)

§65.8. Alternative Licensing System.

(a) – (c) (No change.)

(d) This section does not apply to the digital licenses identified in §53.3(a)(12) of this title (relating to Combination Hunting and Fishing License Packages), §53.4[or §53.4(a)(1)] of this title (relating to Lifetime Licenses), or §53.5(a)(3) (relating to Recreational Hunting Licenses, Stamps, and Tags).

§65.10. Possession of Wildlife Resources.

(a) (No change.)

(b) Under authority of Parks and Wildlife Code, §42.0177, the tagging requirements of Parks and Wildlife Code, §42.018, are modified as follows.

(1) – (4) (No change.)

(5) Except as provided in paragraph (3) of this subsection, the tagging requirements for deer and turkey taken under a digital license issued under the provisions of §53.3(a)(12) of this title (relating to Super Combination Hunting and Fishing License Packages), [or] under the digital tagging option of §53.4[§53.4(a)(1)] of this title (relating to Lifetime Licenses), and §53.5(a)(3) of this title (relating to Recreational Hunting License, Stamps, and Tags) are prescribed in subsection (e) of this section.

(6) A person who has purchased a digital license identified in §53.4[§53.4(a)(1)] of this title and selected the fulfilment of physical tags must comply with the tagging requirements of Parks and Wildlife Code, Chapter 42, and this chapter that are applicable to the tagging of deer and turkey under a license that is not a digital license.

(e) A person who lawfully kills a deer or turkey under a digital license issued under the provisions of §53.3(a)(12) of this title, [(relating to Combination Hunting and Fishing License Packages), or] the digital tagging option under §53.4[§53.4(a)(1)] of this title [(relating to Lifetime Licenses)] or §53.5(a)(3) of this title (relating to Recreational Hunting License, Stamps, and Tags) is exempt from any requirement of Parks and Wildlife Code or this subchapter regarding the use or possession of license tags for those species; however, that person shall ensure that immediately upon take a harvest report is created and submitted via a mobile or web application provided by the department for that purpose.

(1) – (3) (No change.)

(f) – (m) (No change.)

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 amendments are proposed under the authority of Parks and Wildlife Code, §42.010, which requires the department to prescribe the form and issuance of hunting licenses authorized under Parks and Wildlife Code, Chapter 42; §42.0101, which authorizes the commission to promulgate rules for the issuance of digital tags for animals, including birds, to holders of hunting licenses authorizing the taking of those animals, including rules allowing a person using a digital tag to create a digital record at the time of the taking of an animal that includes information required by the department as soon as possible after the taking of the animal and requiring a person using a digital tag to retain in the person’s possession documentation of a required digital record at all times before the carcass is finally processed; §42.0177, which authorizes the commission to modify or eliminate the tagging, carcass, final destination, and final processing requirements of Chapter 42; §42.006, which authorizes the commission to prescribe requirements relating to possessing a license issued under Chapter 42 by rule; §46.0085, which authorizes the department to issue tags for finfish species allowed by law to be taken during each year or season from coastal waters of the state to holders of licenses authorizing the taking of finfish species; §46.0086, which authorizes the commission to prescribe tagging requirements for the take of finfish; §50.004, which requires the department to issue and prescribe the form and manner of issuance for combination hunting and fishing licenses, including identification and compliance requirements; §61.052, which requires the commission to regulate the periods of time when it is lawful to hunt, take, or possess game animals, game birds, or aquatic animal life in this state; the means, methods, and places in which it is lawful to hunt, take, or possess game animals, game birds, or aquatic animal life in this state; and §61.054 which requires the commission to specify the species, quantity, age or size, and, to the extent possible, the sex of the game animals, game birds, or aquatic animal life authorized to be hunted, taken, or possessed; and the region, county, area, body of water, or portion of a county where game animals, game birds, or aquatic animal life may be hunted, taken, or possessed.

The proposed amendment affects Parks and Wildlife Code, Chapters 42, 46, 50, and 61.

§65.42. Deer.

(a) General.

(1) – (4) (No change.)

(5) In the counties or portions of counties listed in subsection (b)(2)(H) of this section, antlerless deer harvested on properties not subject to the provisions of §65.29 of this title (relating to Managed Lands Deer (MLD) Programs) must be reported via the department’s internet or mobile application within 24 hours of the time of kill, including antlerless deer harvested during the special seasons established by subsection (b)(5) — (7) of this section. This paragraph does not apply to antlerless deer harvested under a digital license issued by the department pursuant to §53.3(a)(12) of this title (relating to Super Combination Hunting and Fishing Packages), a valid license with digital tags issued under §53.4 of this title (relating to Lifetime Licenses), or a valid digital license issued under §53.5(a)(3) of this title (relating to Recreational Hunting License, Stamps, and Tags), which must be reported as required under §65.10 of this title (relating to Possession of Wildlife Resources).

(b) — (c) (No change.)

§65.64. Turkey.

(a) (No change.)

(b) Rio Grande Turkey. The open seasons and bag limits for Rio Grande turkey shall be as follows.

(1) – (2) (No change.)

(3) Spring season and bag limits.

(A) — (B) (No change.)

(C) In Bastrop, Caldwell, Colorado, Fayette, Jackson, Lavaca, Lee, Matagorda, Milam, and Wharton counties, there is a spring general open season.

(i) – (ii) (No change.)

(iii) Except as provided by §65.10 of this title (relating to Possession of Wildlife Resources) for turkeys harvested under a digital license issued by the department pursuant to §53.3(a)(12) of this title (relating to Super Combination Hunting and Fishing License Packages), [or] a valid license with digital tags under §53.4[§53.4(a)(1)] of this title (relating to Lifetime Licenses), or a valid digital license under §53.5 of this title (relating to Recreational Hunting Licenses, Tags, and Stamps, all turkeys harvested during the open season established under this subparagraph must be reported within 24 hours of the time of kill via an internet or mobile application designated by the department for that purpose.

(4) (No change.)

(c) Eastern turkey. The open seasons and bag limits for Eastern turkey shall be as follows. In Bowie, Cass, Fannin, Grayson, Jasper (other than the Angelina National Forest), Lamar, Marion, Nacogdoches, Newton, Polk, Red River, and Sabine counties, there is a spring season during which both Rio Grande and Eastern turkey may be lawfully hunted.

(1) – (2) (No charge.)

(3) In the counties listed in this subsection:

(A) – (B) (No change.)

(C) except as provided by §65.10 of this title (relating to Possession of Wildlife Resources) for turkeys harvested under a digital license issued pursuant to §53.3(a)(12)[§53.3] of this title [(relating to Super Combination Hunting and Fishing License Packages)], [or] a valid license with digital tags under §53.4[§53.4(a)(1)] of this title [(relating to Lifetime Licenses)], or a valid digital license under §53.5(a)(3) of this title, all turkeys harvested during the open season must be registered via the department’s internet or mobile application within 24 hours of the time of kill. The department will publish the internet address and information on obtaining the mobile application in generally accessible locations, including the department internet web site (www.tpwd.texas.gov). Harvested turkeys may be field dressed but must otherwise remain intact.

(d) (No change.)

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