BILL ANALYSIS C.S.H.B. 1785 By: Kuempel March 31, 1995 Committee Report (Substituted) BACKGROUND Currently any person (resident or non-resident) 65 years old or older qualifies for a state parklands passport. The passport is free and allows the holder to enter any state park without payment of an entrance or admission fee. When the fee is charged on a "per vehicle" basis, everyone in the vehicle with the parklands passport holder is admitted free. Also, Texas residents (and non-residents on a reciprocal basis) 65 years or older, or under 17 years of age, are currently exempt from the requirement to have fishing licenses and stamps. PURPOSE H.B. 1785 would establish a "new" state parklands passport which would be issued free to state residents who become 65 years old on or after September 1, 1995. With this new passport, the holders would be charged 50 percent of the regular entrance fee (rounded to the lowest whole dollar) into state parks. If the entrance fee is based on a vehicle, the fee would be 50 percent of the fee for the vehicle. However, residents who are 65 years old before September 1, 1995, will continue to get into state parks free of charge. In addition, the bill would eliminate the fishing license exemption for persons 65 years old or older, or under 17 years old, and instead, allow the Texas Parks and Wildlife Commission to establish a lower fee or waive the fee or license requirement for a resident who is within one of these age brackets. Also, non-residents 65 years old or older would continue to be exempted on a reciprocal basis. RULEMAKING AUTHORITY It is the committee's opinion that additional rulemaking authority is granted to the Parks and Wildlife Commission under SECTION 1. [Section 13.018(a) (1), Parks and Wildlife Code] of this bill. SECTION BY SECTION ANALYSIS SECTION 1: Amends Section 13.018, Parks and Wildlife Code, to define the term "resident" in the context of application for a state parklands passport. Allows those individuals 65 years or older, and veterans as described by Subsection (a) (2), to continue to enter state parks free. Establishes a new state parklands passport for residents becoming 65 years old after August 31, 1995, by which they can enter state parks upon paying 50 percent of the entrance or admission fee. SECTION 2: Amends Section 46.002(a), Parks and Wildlife Code, eliminates the exemption from fishing licenses and stamps for persons under 17 years old and anyone becoming 65 years old after August 31, 1995. Allows the Commission to establish a lower fee or waive the fee or license requirement for a resident who is under 17 years old or 65 years old or older. This section continues to apply to persons who are mentally disabled and are engaging in recreational fishing as part of medically approved therapy, and those individuals participating in an event that is sponsored or co-sponsored by the Texas Parks and Wildlife Department with the approval of the Executive Director. SECTION 3: Amends Section 46.004, Parks and Wildlife Code, to provide the Commission authority to establish a lower fee or waive the fee or fishing license requirement for a resident who has a general commercial fisherman's license; or who is blind as defined by Section 94.001, Human Resources Code; or a qualified disabled veteran; or a resident or nonresident under 17 years of age or 65 years of age or over. In addition, it provides the Commission authority to establish collection and issuance fees for licenses and tags issued under Chapter 46. SECTION 4: Effective date: September 1, 1995. SECTION 5: Emergency clause. COMPARISON OF ORIGINAL TO SUBSTITUTE The original bill contained definitions that needed clarification. The committee substitute further defines that a license issued under Chapter 46 is not required of a person who is a resident and whose birth date is before September 1, 1930. The substitute changes the defining language, in Section 46.004(b), from commercial fishing license to general commercial fisherman's license; and from disabled veteran to qualified disabled veteran. In this same Section, the committee substitute eliminates the exemption to residents participating in an event of which the department, with the approval of the director, is a sponsor. SUMMARY OF COMMITTEE ACTION H.B. 1785 was considered by the Committee on State Recreational Resources in a public hearing on March 29, 1995. The following persons testified neutrally on the bill: Jim Dickinson representing Texas Parks and Wildlife Department; Ron Holliday representing Texas Parks and Wildlife Department; Andrew Sansom representing Texas Parks and Wildlife Department; and Jim Riggs representing Texas Parks and Wildlife Department. The committee considered a complete substitute for the bill. The substitute was adopted without objection. The bill was reported favorably as substituted, with the recommendation that it do pass and be printed, by a record vote of 6 ayes, 1 nay, 1 pnv, 1 absent.