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.