31 TAC §53.1, §53.3
Texas Parks and Wildlife Department proposes amendments to
§53.1 and §53.3 concerning fishing license fees and exemptions.
Texas currently has reciprocal fishing agreements with Oklahoma, Louisiana,
and Kansas. Texas residents that are becoming 65 years of age currently purchase
a special resident fishing license for $6.00. Residents who were born before
September 1, 1930 are exempt from the requirement of having a fishing license.
Current regulations allow nonresidents from Oklahoma 64 years of age or older
and nonresidents from Kansas and Louisiana 65 years of age and older to fish
without a license in Texas. The Executive Director sent letters to the three
states involved last October of our intention to eliminate the current exemption
for their seniors. The amendments proposed to our fishing license exemption
and fee rules would provide the same rules for nonresidents fishing in Texas
that we require of our residents if the nonresidents state of residence is
willing to enter into an agreement to provide the same privilege to our citizens.
The proposed rule change would also clarify the practice of selling a Special
Resident Fishing license to persons otherwise exempt from purchasing a fishing
license and persons who purchase a temporary fishing license in order for
these individuals to obtain a red drum tag.
Jim Dickinson, Financial Program Director, has determined that for the
first five year period the rule is in effect there will be no fiscal implications
for state or local government as a result of enforcing or administering the
rule.
Mr. Dickinson also has determined that for each year of the first five
years the rule is in effect the public benefit anticipated as a result of
enforcing the rules as proposed will be that non-resident seniors will be
charged the same amount or more for the same fishing rights as Texas residents.
Currently under the existing reciprocal agreements with three states non-resident
seniors are being allowed to fish free while Texas residents of the same age
are having to purchase a fishing license.
There will be no effect on small businesses. There will be a small cost
to persons required to comply with the rules as proposed.
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 impact local economies.
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.
Comments on the proposed rules may be submitted to Jim Dickinson, Chief
Financial Office, Texas Parks and Wildlife Department, 4200 Smith School Road,
Austin, Texas, 78744; (512) 389-4417 or 1-800-792-1112.
The amendments are proposed under the authority of Parks and
Wildlife Code, Chapter 41, Reciprocal Hunting and Fishing Privileges and Chapter
46, Subchapter A, §46.002, General Fishing Licenses which provides the
Commission with authority to waive or lower fishing license fees.
Parks and Wildlife Code §46.002 is affected by the proposed amendments.
§53.1.License Issuance Procedures, Fees, Possession and Exemption Rules.
(a)-(c)
(No change.)
(d)
The following categories of persons are exempt from fishing
license requirements and fees for the license years beginning September 1,
1999
[
1995
], and thereafter:
(1)-(2)
(No change.)
[(3)
non-residents 65 years of age or
older from Kansas and Louisiana; ]
(3)
[
(4)
]
non-residents whose
birthdate is before September 1, 1930 and whose state of residence enters
into a reciprocal agreement with Texas
[
non-residents 64 years
of age or older from Oklahoma
];
(4)
[
(5)
] residents whose birth
date is before September 1, 1930;
(5)
[
(6)
] persons who hold valid
Louisiana non-resident fishing licenses while fishing on all waters inland
that form a common boundary between Texas and Louisiana from a line across
Sabine Pass between Texas Point and Louisiana Point if the State of Louisiana
allows a reciprocal privilege to persons who hold valid Texas annual or temporary
non-resident fishing licenses; and
(6)
[
(7)
] residents of Louisiana
who meet the licensing requirements of their state while fishing on all waters
inland that form a common boundary between Texas and Louisiana from a line
across Sabine Pass between Texas Point and Louisiana Point if the State of
Louisiana allows a reciprocal privilege to Texas residents who hold valid
Texas fishing licenses.
(e)
(No change.)
§53.3. Other Recreational Hunting and Fishing Licenses, Stamps, and Tags
(a)-(c)
(No change.)
(d)
Fishing licenses. The following license fee amounts are
effective for the license year beginning September 1,
1999
[
1996
], and thereafter:
(1)-(2)
(No change.)
(3)
special resident fishing (type 203)--$6.00
.
[
;
]
Nonresidents who are 65 years of age or older and whose state
of residence enters into a reciprocal agreement with Texas are designated
as residents and may purchase a special resident fishing license;
(4)-(9)
(No change).
(e)-(g)
(No change.)
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of the Secretary of State, on
July 2, 1999.
TRD-9903947
Gene McCarty
Chief of Staff
Texas Parks and Wildlife Department
Earliest possible date of adoption: August 15, 1999
For further information, please call: (512) 389-4418