Texas Register, Volume 29, Number 30, Pages 7013-7230, July 23, 2004 Page: 7,031
7013-7230 p. ; 28 cm.View a full description of this periodical.
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The Texas Parks and Wildlife Department proposes an amend-
ment to 53.2, concerning License Issuance Procedures, Fees,
Possession, and Exemption Rules. The amendment would allow
a person to hunt deer (under certain circumstances) without be-
ing in physical possession of a hunting license, provided that the
person has purchased a license electronically and possesses a
department-issued authorization number valid for that transac-
tion.
Under current regulations a person may hunt species other than
deer and turkey without having a hunting license in their posses-
sion, provided the person has acquired a hunting license elec-
tronically and has a valid authorization number in their posses-
sion. Deer and turkey are not included because deer and turkey
are required to be tagged upon kill. Since the tags are part of
the hunting license, a license had to be physically possessed
in order to comply with the tagging requirement. However, re-
cent rulemaking action by the Texas Parks and Wildlife Com-
mission has removed the tagging requirements for deer taken
by Managed Lands Deer (MLD) Permits, Landowner Assisted
Management Permits (LAMPS), by special permit under the pro-
visions of Chapter 65, Subchapter H of this title (concerning the
Public Lands Proclamation) on department lands, on depart-
ment-leased lands under the provisions of Parks and Wildlife
Code, 11.0272, and 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. Accordingly, the de-
partment seeks to allow persons who acquire a license electron-
ically to hunt deer, provided they also possess the appropriate
permit, in addition to the authorization number.
Robert Macdonald, regulations coordinator, has determined that
for each of the first five years that the proposed rule is in effect,
there will be fiscal implications to state government as a result
of enforcing or administering the rule. Under current rule, per-
sons purchasing a license by telephone are assessed a $5 con-
venience fee in addition to a license fee. Since the rules do not
and never have allowed the purchasers of licenses sold over the
telephone to hunt deer with just an authorization number (i.e., the
purchasers had to wait for a license, containing tags, to be mailed
to them before going deer hunting), there is no way for the de-
partment to determine how many of the licenses were sold to per-
sons solely for the purpose of hunting deer, and thus there is no
empirical data upon which to base a revenue estimate. However,
in Fiscal Year 2003 the department's total telephone sales of li-
censes that could be used to hunt deer was 6550, which resulted
in convenience-fee revenue of $32,750. Since the proposed op-
tion could only be taken advantage of by persons hunting deer
on properties for which the department has issued permits, the
department does not anticipate that the number of licenses sold
by telephone will increase dramatically; however, some increase
is expected.
Mr. Macdonald also has determined that for each of the first
five years the rule as proposed is in effect, the public benefit
expected as a result of the proposed rule will be increased con-
venience for license purchasers by allowing persons to acquire
a license electronically for the purposes of hunting deer under
certain circumstances, thus removing the need to physically go
to a license sales location to acquire a hunting license.
There will be an economic cost for persons required to comply
with the rule as proposed, because the purchase of a license
electronically includes a $5 convenience fee in addition to the
license fee. There are no other economic costs for persons re-
quired to comply with the rule as proposed.The department has determined that the rule will not affect local
economies; accordingly, no local employment impact statement
has been prepared.
The department has determined that Government Code,
2001.0225 (Regulatory Analysis of Major Environmental
Rules) does not apply to the proposed rule.
The department has determined that the rule will not have an
adverse economic effect on small or micro-businesses.
The department has determined that Government Code,
Chapter 2007 (Governmental Action Affecting Private Property
Rights), does not apply to the proposed rule.
Comments on the proposed rule may be submitted to Robert
Macdonald, Texas Parks and Wildlife Department, 4200 Smith
School Road, Austin, Texas 78744; (512) 389-4775; e-mail:
robert. macdonald@tpwd.state.tx.us.
The amendment is proposed under the authority of Parks and
Wildlife Code, 12.702, which authorizes the commission by rule
to set collection and issuance fees for a license, stamp, tag, per-
mit, or other similar item issued under any chapter of the code.
The proposed amendment affects Parks and Wildlife Code,
Chapter 12.
53.2. License Issuance Procedures, Fees, Possession, and Exemp-
tion Rules.
(a) Hunting license possession.
(1) No [A] person may hunt [species other than deer or]
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 authorization number in his possession. Authorization
numbers shall only be valid for 20 days from date of purchase.
(3) 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 authorization number in his possession; and
(B) is lawfully hunting:
(i) under the provisions of 65.26 of this title (relat-
ing to Managed Lands Deer (MLD) Permits);
(ii) under the provisions of 65.28 of this title (relat-
ing to Landowner Assisted Management Permits (LAMPS));
(iii) by special permit under the provisions of Sub-
chapter H of this chapter (relating to Public Lands Proclamation);
(iv) on department-leased lands under the provisions
of Parks and Wildlife Code, 11.0272; or
(v) by special antlerless permit issued by the U.S.
Forest Service (USFS) for use on USFS lands that are part of the de-
partment's public hunting program.
(b) - (e) (No change.)
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal author-
ity to adopt.
Filed with the Office of the Secretary of State on July 12, 2004.PROPOSED RULES July 23, 2004 29 TexReg 7031
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Texas. Secretary of State. Texas Register, Volume 29, Number 30, Pages 7013-7230, July 23, 2004, periodical, July 23, 2004; Austin, Texas. (https://texashistory.unt.edu/ark:/67531/metapth101134/m1/18/: accessed July 17, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu.; crediting UNT Libraries Government Documents Department.