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).