BILL ANALYSIS



H.B. 344
By: Van De Putte
03-15-95
Committee Report (Unamended)


BACKGROUND

Current law, Article 8253, Revised Statutes contains a language
error which confuses the licensing authority of the state with the
state seal, which symbolizes the official sanction of the state.
House Bill 1463, 73rd Legislature standardized all references to
the state seal and changed portions of the language in the four
branch pilot license statutes relating to the governor's issuance
of commissions from "in the name and under the seal of the state"
to "in the name and under the state seal."  Thus, the 1993
amendments to the four branch pilot license statutes mistakenly
suggest that the governor should issue a commission to branch
pilots in the name of the state seal and under the state seal, when
logically the governor should issue the commission in the name of
the state and under the state seal.

PURPOSE

This bill corrects a drafting error inadvertently introduced by
House Bill 1463, 73rd Legislature.  The current bill amends the
statutes to clarify that the governor should issue branch pilots
commissions in the name of the state and under the state seal.

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly
grant any additional rulemaking authority to a state officer,
department, agency, or institution.

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Article 8253, Revised Statutes, by requiring the
issuance of a branch pilot's commission by the governor in the name
of the state and under the state seal.  This section also provides
for a $5000 bond payable to the Governor, and an oath administered
to each licensed branch pilot.

SECTION 2. Amends Section 4.06, of the Houston Pilots Licensing and
Regulatory Act (Article 8280a, Vernon's Texas Civil Statutes), by
requiring the issuance of a branch pilot's commission in the name
of the state and under the state seal.

SECTION 3. Amends Section 4.06(a), of Galveston County Pilots
Licensing and Regulatory Act (Article 8280b, Vernon's Texas Civil
Statutes), by requiring the issuance of a branch pilot's commission
in the name of the state and under the state seal.

SECTION 4. Amends Section 4.06(a), Brazoria County Pilots Licensing
and Regulatory Act (Article 8280c, Vernon's Texas Civil Statutes),
by requiring the issuance of a branch pilot's commission in the
name of the state and under the state seal.

SECTION 5. Provides that the changes made by the act do not affect
(1) the viability of any commission issued before the act takes
effect or (2) any action performed by a branch pilot under any such
commission.

SECTION 6. EMERGENCY CLAUSE and EFFECTIVE DATE as date of passage.



SUMMARY OF COMMITTEE ACTION

Pursuant to a public notice posted on March 9, 1995 at 6:16 p.m.
the House Committee on Transportation met in a public hearing on
Wednesday, March 15, 1995 at 2:00 p.m. in Room E1.014 of the
Capitol Extension and was called to order at 2:20 p.m. by the
Chair, Representative Clyde Alexander.  The Chair recognized the
following person who testified in support of H.B. 344: A.R. "Babe"
Schwartz, State Pilot Organization.  Representative Uher moved that
the Committee report H.B. 344 favorably without amendments to the
full House with the recommendation that it do pass.  The motion
prevailed by a count of Ayes (5), Nayes (0), Absent (4), Present
not voting (0).