1. (a) Stamp form. Stamp sizes and formats shall be prescribed by the executive director.
2. (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.
3. (c) Stamp Manner of Issuance. The stamp will be issued upon payment of the prescribed fee in a manner determined by the executive director.

4. (d) Stamp Purchase Identification and Possession Requirements.

   1. (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. (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. (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.

5. (e) Stamp Exemptions.

   1. (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:

      1. (A) migratory game bird stamp;
      2. (B) archery hunting stamp;
      3. (C) upland game bird stamp;
      4. (D) saltwater sportfishing stamp; and
      5. (E) freshwater fishing stamp.
   2. (2) All nonresident spring turkey hunting license holders are exempt from requirements for acquisition and possession of the upland game bird stamp.

   3. (3) Youth license holders and lifetime resident hunting license holders are exempt from requirements for acquisition and possession of the following stamps:

      1. (A) migratory game bird stamp;
      2. (B) upland game bird stamp; and
      3. (C) archery hunting stamp.

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

      1. (A) migratory game bird stamp;
      2. (B) upland game bird stamp;
      3. (C) archery hunting stamp;
      4. (D) saltwater sportfishing stamp; and
      5. (E) freshwater fishing stamp.

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

      1. (A) saltwater sportfishing stamp;
      2. (B) freshwater fishing stamp.

   6. (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:

      1. (A) migratory game bird stamp;
      2. (B) upland game bird stamp;
      3. (C) archery;
      4. (D) saltwater sportfishing; and
      5. (E) freshwater fishing.

   7. (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:

      1. (A) migratory game bird stamp;
      2. (B) upland game bird stamp;
      3. (C) archery;
      4. (D) saltwater sportfishing; and
      5. (E) freshwater fishing.

   8. (8) Special fishing license holders are exempt from the requirements for acquisition and possession of the following stamps:

      1. (A) saltwater sportfishing stamp; and
      2. (B) freshwater fishing stamp.

   9. (9) All one-day all-water fishing license holders are exempt from requirements for acquisition and possession of the following stamps:

      1. (A) saltwater sportfishing stamp; and
      2. (B) freshwater fishing stamp.

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

   1. (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. (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. (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.

7. (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. (1) The executive director may maintain a limited number of stamps and decals of each type and year.
   2. (2) All other obsolete stamps and decals shall be destroyed.

8. (h) Collector's edition stamp package.

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

      1. (A) migratory game bird stamp;
      2. (B) upland game bird stamp;
      3. (C) nongame stamp;
      4. (D) archery stamp;
      5. (E) saltwater sportfishing stamp; and
      6. (F) freshwater fishing stamp.
   2. (2) Stamps in the package are not valid for hunting or fishing.
   3. (3) Fee for the package shall be $10 wholesale price and $20 retail price plus applicable sales tax.
9. (i) In addition to the freshwater fishing stamp, the department may make available a collectible freshwater habitat stamp for a fee of $5.

Source Note:The provisions of this §53.60 adopted to be effective July 7, 2004, 29 TexReg 6309; amended to be effective October 18, 2005, 30 TexReg 6763; amended to be effective May 14, 2007, 32 TexReg 2659; amended to be effective May 9, 2013, 38 TexReg 2765.