BILL ANALYSIS



H.B. 2131
By: Grusendorf
April 19, 1995
Committee Report (Amended)


BACKGROUND

During the 72nd Legislative Session, Section 47.02(c), Penal Code,
relating to lotteries and charitable raffles was adopted as part of
the Penal Code reforms.  However, a provision to amend the Penal
Code that was passed in H.B. 1417, to permit public hunt drawings,
was inadvertently omitted in the final language of the revised
Penal Code.  

PURPOSE

H.B. 2131 resolves this oversight and clearly provides for public
hunt drawings in the Penal Code.  In addition, H.B. 2131 will
provide the commission with the authority to approve fees for
special hunting programs, packages, or events that could exceed the
costs of operating the drawings.

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 Section 11.0271, Parks and Wildlife Code, by
adding Subsection (b) as follows: 

     (b) Provides that the commission may approve participation
fees for special hunting      programs, packages, or events that
exceed the costs of operating the drawing only if the  fees charged
are designated for use in the management of a specific wildlife
program    authorized by this code.

SECTION 2.  Amends Section 47.02(c), Penal Code, as follows: 

     Sec. 47.02(c) (3) Provides for a change in a statute citing.

     Sec. 47.02(c) (5) Provides for a public hunt drawing under
Parks and Wildlife Code.

SECTION 3. Emergency clause.  
           Effective date:  upon passage.


EXPLANATION OF AMENDMENTS

Committee amendment no. 1 provides for a new Subsection (b) in
Section 11.0271.  This new subsection provides that participation
fees will not exceed $25 per species for each participant on an
application.  In addition it requires fees to be used in management
and restoration efforts of the specific wildlife program.

SUMMARY OF COMMITTEE ACTION

H.B. 2131 was considered by the Committee on State Recreational
Resources in a public hearing on April 5, 1995.

The following person testified neutrally on the bill:

     Herb Kothmann representing Texas Parks and Wildlife.

The bill was left pending.

H.B. 2131 was considered by the Committee on State Recreational
Resources in a public hearing on April 19, 1995.

The committee considered one amendment to the bill.

One of those amendments was adopted without objection.

The bill was reported favorably as amended, with the recommendation
that it do pass and be printed, by a record vote of 6 ayes, 1 nay,
0 pnv, 2 absent.