BILL ANALYSIS



C.S.H.B. 2216
By: Kuempel
April 12, 1995
Committee Report (Substituted)


BACKGROUND

Currently the amount of issuance/collection fees retained by
license deputies for the sale of hunting and fishing licenses is
set by statute as is the license year. The Texas Parks and Wildlife
Commission (commission) is also constrained to forms and types of
licenses approved by the legislature.  In addition, many laws
regulating the selling of licenses, stamps, and tags, do not
accommodate sales via automated point-of-sale systems and purchase
of licenses and stamps via telephone. 

PURPOSE

C.S.H.B. 2216 would allow the commission to set the
issuance/collection fees retained by license deputies (amounts
cannot be set below amounts in effect on June 1, 1995), establish
the opportunity for the commission to set a different license year,
establish licenses and license packages for hunting, fishing and
other activities, enable the commission to establish an automated
license & stamp point-of-sale system, simplify the process for
obtaining and modify the fee structure for private bird hunting
area licenses. 

RULEMAKING AUTHORITY

It is the committee's opinion that additional rulemaking authority
is granted to the Texas Parks and Wildlife Commission under SECTION
3 [Sec.12.702(b), Sec. 12.703(c) and Sec. 12.705(c)], SECTION 5
(Sec. 42.006), SECTION 14 [Sec. 42.0175(a)], SECTION 16 [Sec.
43.011(a)], SECTION 17 [Sec. 43.012(c) and (d)], SECTION 19 (Sec.
43.045), SECTION 21 [Sec. 43.0722(f)], SECTION 23 [Sec. 43.201(a),
(d), and (e)], SECTION 25 [Sec. 43.251(a)], SECTION 26 [Sec.
43.252(d) and (e)], SECTION 28 [Sec. 43.302(a)], SECTION 29 [Sec.
43.303(d) and (e)], SECTION 31 [Sec. 43.402(a)], SECTION 32 [Sec.
43.403(d)], SECTION 33 [Sec. 43.4035(a)], SECTION 35 [Sec.
43.502(a)], SECTION 36 [Sec. 43.503(d)], SECTION 38 [Sec.
43.508(a)], SECTION 40 [Sec. 43.581(a) and (b)], SECTION 41 [Sec.
43.582(b) and (c)], SECTION 44 (Sec. 44.003), SECTION 46 [Sec.
45.002(c)], SECTION 48 (Sec. 46.001), SECTION 53 [Sec. 46.007(a)],
SECTION 54 [Sec. 46.0085(a)], SECTION 55 (Sec. 46.102), SECTION 59
[Sec. 47.031(a)], SECTION 61 [Sec. 50.0011 (4)], SECTION 62 [Sec.
50.0021(a)], SECTION 63 [Sec. 50.004(a)], SECTION 64 (Sec.
65.0071), SECTION 65 [Sec. 66.017(a)], SECTION 66 (Sec. 71.010),
SECTION 68 [Sec. 76.1031(a)], SECTION 73 [Sec. 77.0361(a) and (b)],
SECTION 74 [Sec. 78.002(b)], and SECTION 77.

Although SECTION 2 (Sec.12.119) of the bill does not expressly
grant additional rulemaking authority to the Texas Parks and
Wildlife Commission, it does provide a penalty for violation of a
commission rule relating to a license or stamp required for hunting
wildlife or catching aquatic life. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 11.056, Parks and Wildlife Code, to
allow the cost of wildlife art decals or stamps to be $5.00 or an
amount set by the Texas Parks and Wildlife Commission whichever
amount is more.  Provides that the department may issue other
editions of the stamp and decal with the cost determined by the
commission as well as the amount retained by the agents selling the
decals and stamps.


SECTION 2.  Amends Subchapter B, Chapter 12, Parks and Wildlife
Code, by adding Section 12.119 as follows:

     Sec. 12.119.  VIOLATION OF COMMISSION RULE ON POSSESSION OF
LICENSE;   PENALTY.  Provides a penalty provision for violation of
commission rules for possession    of licenses and stamps.

SECTION 3.  Amends Chapter 12, Parks and Wildlife Code,  by adding
Subchapter H as follows:

                 SUBCHAPTER H.  LICENSE DEPUTIES 
(Much of the language in this Subsection is currently contained in
Chapter 46, Parks and Wildlife Code.  Those portions of Chapter 46
are repealed by SECTION 76 of this bill.)

     Sec. 12.701.  ISSUANCE OF LICENSE, STAMP, PERMIT, OR TAG BY
LICENSE    DEPUTIES.  Authorizes the department to issue license,
stamp, permit, or tag by a license      deputy.

     Sec. 12.702.  LICENSE DEPUTIES; FEES.  Grants the commission
authority to set    amounts retained by license deputies as
issuance and/or collection fees; provided they are     not set
lower than those amounts in effect on June 1, 1995. 

     Sec. 12.703.  POINT-OF-SALE SYSTEM.  Provides the Texas Parks
and Wildlife   Commission with the authority to establish a "point-of-sale" computerized license and     stamp issuance system and would
allow the commission to determine the compensation     for an
entity or entities that installed such a system. 

     Sec. 12.704.  DUTIES OF LICENSE DEPUTIES.  Provides guidelines
by which the   deputies shall keep records of licenses, stamps,
permits, and tags.

     Sec. 12.705.  LICENSE, STAMP, PERMIT, AND TAG SALES REPORTS. 
 Grants the    commission the authority to establish monetary
penalties for delinquent payments or    reports from license
deputies and/or allow discounts for timely payments or reports.

     Sec. 12.706.  UNISSUED ITEMS.  Provides for deputies to return
unissued items to the    department.

     Sec. 12.707.  ISSUANCE OR ACCEPTANCE OF LICENSE, STAMP,
PERMIT, OR     TAG.  Provides that all items must be issued on a
form provided by the department.

SECTION 4.  Amends Section 42.002(a), Parks and Wildlife Code, to
delete the requirement that a hunting license must be in the
purchaser's immediate possession and grants the commission
regulatory authority to prescribe license possession requirements.

SECTION 5.  Amends Chapter 42, Parks and Wildlife Code, by adding
Section 42.006 as follows:

     Sec. 42.006.  POSSESSION OF LICENSE:  RULES.  Grants the
commission regulatory    authority to prescribe hunting license
possession requirements.

SECTION 6.  Amends Section 42.010(b), Parks and Wildlife Code, to
delete the reference to the commission being able to prescribe
collection fees for agents issuing hunting tags [replaced with
general commission authority to set the agent fees in proposed
Section 12.702(b)].

SECTION 7.  Amends Section 42.012(a), Parks and Wildlife Code, to
eliminate the exact fifty cent reference for collection fees for
agents issuing resident hunting licenses [replaced with general
commission authority to set the agent fees in proposed Section
12.702(b)].

SECTION 8.  Amends Section 42.0121, Parks and Wildlife Code, to
eliminate the exact fifty cent reference for collection fees for
agents issuing lifetime resident hunting licenses [replaced with
general commission authority to set the agent fees in proposed
Section 12.702(b)].

SECTION 9.  Amends Section 42.014, Parks and Wildlife Code, to
eliminate the exact seventy-five cent reference for collection fees
for agents issuing nonresident special hunting licenses [replaced
with general commission authority to set the agent fees in proposed
Section 12.702(b)].

SECTION 10.  Amends Section 42.0141, Parks and Wildlife Code, to
eliminate the exact seventy-five cent reference for collection fees
for agents issuing general nonresident hunting licenses [replaced
with general commission authority to set the agent fees in proposed
Section 12.702(b)].

SECTION 11.  Amends Section 42.0142(b), Parks and Wildlife Code, to
eliminate the exact seventy-five cent reference for collection fees
for agents issuing nonresident banded bird hunting licenses
[replaced with general commission authority to set the agent fees
in proposed Section 12.702(b)].

SECTION 12.  Amends Section 42.0143, Parks and Wildlife Code, to
eliminate the exact seventy-five cent reference for collection fees
for agents issuing nonresident five-day special hunting licenses
[replaced with general commission authority to set the agent fees
in proposed Section 12.702(b)].

SECTION 13.  Amends Section 42.017(d), Parks and Wildlife Code, to
eliminate the exact fifty cent reference for collection fees for
agents issuing duplicate hunting licenses [replaced with general
commission authority to set the agent fees in proposed Section
12.702(b)].

SECTION 14.  Amends Section 42.0175(a), Parks and Wildlife Code, to
allow the commission to set another license year and to set the
amounts for hunting licenses issued during a transition year.  Also
allows hunting licenses issued immediately prior to the beginning
of a license year to be effective from the date of purchase through
the end of the license year.

SECTION 15.  Amends Section 42.022(a), Parks and Wildlife Code, to
clarify that a violation of possessing more than one hunting
license in a license year only occurs if an individual acquires or
possesses more than one hunting license with the same expiration
date.  Also amends Section 42.022(d) to allow the commission to set
an alternative license year.

SECTION 16.  Amends Section 43.011(a), Parks and Wildlife Code, to
delete the requirement that a white-winged dove stamp must be in
the purchaser's immediate possession and grants the commission
regulatory authority to prescribe stamp possession requirements.

SECTION 17.  Amends Section 43.012, Parks and Wildlife Code, to
allow the department to issue other editions of white-winged dove
stamps not valid for hunting with the commission setting price and
amount retained by selling agent.  Allows the commission to
prescribe alternate stamp purchaser identification requirements for
stamps issued via point-of-sale.  Prescribes period of validity for
white-winged dove stamps and allows the commission to set a
different period of validity on this stamp.  In addition, it
provides for a stamp term for a transition period that is shorter
or longer than a year.

SECTION 18.  Amends Section 43.014, Parks and Wildlife Code, to
eliminate the exact fifty cent reference for collection fees for
agents issuing white-winged dove stamps [replaced with general
commission authority to set the agent fees in proposed Section
12.702(b)].

SECTION 19.  Amends Section 43.045, Parks and Wildlife Code, to
allow the commission to adopt alternative dates for the license
year for a hunting lease license and to set transitional year fee
amounts.

SECTION 20.  Amends Section 43.0485(d), Parks and Wildlife Code, to
allows the commission to set an alternative date as a deadline for
hunting lease record books to be received.

SECTION 21.  Amends Section 43.0722(c), Parks and Wildlife Code, to
set the fee for a private bird hunting area license at $60 and 
eliminate the fee schedule based on acreage.  Also amends Section
43.0722(f) to set alternative dates for the private bird hunting
area license year and to allow the commission to set transitional
period fee amounts.

SECTION 22.  Amends Section 43.0761(e), Parks and Wildlife Code, to
allow an alternative time period for record books to be maintained
for private bird hunting areas.

SECTION 23.  Amends Section 43.201, Parks and Wildlife Code, to
delete the requirement that an archery hunting stamp must be in the
purchaser's immediate possession and grants the commission
regulatory authority to prescribe stamp possession requirements. 
Allows the commission to prescribe alternate stamp purchaser
identification requirements for stamps issued via point-of-sale. 
Prescribes period of validity for archery hunting stamps and allows
the commission to set a different period of validity and to set
transitional period fee amounts. 

SECTION 24.  Amends Section 43.202, Parks and Wildlife Code, to
eliminate the exact fifty cent reference for collection fees for
agents issuing archery hunting stamps [replaced with general
commission authority to set the agent fees in proposed Section
12.702(b)].  Allows the department to issue other editions of
archery hunting stamps not valid for hunting with the commission
setting price and amount retained by selling agent.

SECTION 25.  Amends Section 43.251(a), Parks and Wildlife Code, to
delete the requirement that a turkey stamp must be in the
purchaser's immediate possession and grants the commission
regulatory authority to prescribe stamp possession requirements. 

SECTION 26.  Amends Section 43.252, Parks and Wildlife Code, to
allow the department to issue other editions of turkey stamps not
valid for hunting with the commission setting price and amount
retained by selling agent.  Allows the commission to prescribe
alternate stamp purchaser identification requirements for stamps
issued via point-of-sale.  Prescribes period of validity for turkey
stamps and allows the commission to set a different period of
validity and to set transitional period fee amounts.

SECTION 27.  Amends Section 43.254, Parks and Wildlife Code, to
eliminate the exact fifty cent reference for collection fees for
agents issuing turkey stamps [replaced with general commission
authority to set the agent fees in proposed Section 12.702(b)].

SECTION 28.  Amends Section 43.302(a), Parks and Wildlife Code, to
delete the requirement that a waterfowl stamp must be in the
purchaser's immediate possession and grants the commission
regulatory authority to prescribe stamp possession requirements. 

SECTION 29.  Amends Section 43.303, Parks and Wildlife Code, to
allow the department to issue other editions of waterfowl stamps
not valid for hunting with the commission setting price and amount
retained by selling agent.  Allows the commission to prescribe
alternate stamp purchaser identification requirements for stamps
issued via point-of-sale.  Prescribes period of validity for
waterfowl stamps and allows the commission to set a different
period of validity and to set transitional period fee amounts.

SECTION 30.  Amends Section 43.305, Parks and Wildlife Code, to
eliminate the exact fifty cent reference for collection fees for
agents issuing waterfowl stamps [replaced with general commission
authority to set the agent fees in proposed Section 12.702(b)].

SECTION 31.  Amends Section 43.402(a), Parks and Wildlife Code, to
delete the requirement that a saltwater sportfishing stamp must be
in the purchaser's immediate possession and grants the commission
regulatory authority to prescribe stamp possession requirements. 

SECTION 32.  Amends Section 43.403, Parks and Wildlife Code, to
allow the department to issue other editions of saltwater
sportfishing  stamps not valid for fishing with the commission
setting price and amount retained by selling agent.  Allows the
commission to prescribe alternate stamp purchaser identification
requirements for stamps issued via point-of-sale. 

SECTION 33.  Amends Section 43.4035, Parks and Wildlife Code, which
prescribes period of validity for saltwater sportfishing stamps and
allows the commission to set a different period of validity and to
set transitional period fee amounts.

SECTION 34.  Amends Section 43.405, Parks and Wildlife Code, to
eliminate the exact fifty cent reference for collection fees for
agents issuing saltwater sportfishing stamps [replaced with general
commission authority to set the agent fees in proposed Section
12.702(b)].

SECTION 35.  Amends Section 43.502(a), Parks and Wildlife Code, to
delete the requirement that a freshwater trout stamp must be in the
purchaser's immediate possession and grants the commission
regulatory authority to prescribe stamp possession requirements. 

SECTION 36.  Amends Section 43.503, Parks and Wildlife Code, to
allow the department to issue other editions of freshwater trout 
stamps not valid for fishing with the commission setting price and
amount retained by selling agent.  Allows the commission to
prescribe alternate stamp purchaser identification requirements for
stamps issued via point-of-sale. 

SECTION 37.  Amends Section 43.505, Parks and Wildlife Code, to
eliminate the exact fifty cent reference for collection fees for
agents issuing freshwater trout stamps [replaced with general
commission authority to set the agent fees in proposed Section
12.702(b)].

SECTION 38.  Amends Subchapter N, Chapter 43, Parks and Wildlife
Code by adding Section 43.508 as follows:

     Sec. 43.508.  EXPIRATION OF STAMP.  Prescribes period of
validity for freshwater  trout stamps and allows the commission to
set a different period of validity and to set     transitional
period fee amounts.

SECTION 39.  Amends Section 43.524, Parks and Wildlife Code, to
eliminate the exact fifty cent reference for collection fees for
agents issuing conservation permits [replaced with general
commission authority to set the agent fees in proposed Section
12.702(b)].

SECTION 40.  Amends Section 43.581, Parks and Wildlife Code, to
delete the requirement that a muzzleloader hunting stamp must be in
the purchaser's immediate possession and grants the commission
regulatory authority to prescribe stamp possession requirements. 
Allows the commission to exempt persons from the muzzleloader stamp
requirement.

SECTION 41.  Amends Section 43.582, Parks and Wildlife Code, to
allow the department to issue other editions of muzzleloader
hunting  stamps not valid for hunting with the commission setting
price and amount retained by selling agent.  Allows the commission
to prescribe alternate stamp purchaser identification requirements
for stamps issued via point-of-sale.  Prescribes period of validity
for muzzleloader hunting stamps and allows the commission to set a
different period of validity and to set transitional period fee
amounts.

SECTION 42.  Amends Section 43.583, Parks and Wildlife Code, to
allow the commission to set different fee amounts for other
editions of the muzzleloader stamp and the fee retained by the
agent.

SECTION 43.  Amends Section 43.585, Parks and Wildlife Code, to
eliminate the exact fifty cent reference for collection fees for
agents issuing muzzleloader hunting stamps [replaced with general
commission authority to set the agent fees in proposed Section
12.702(b)].

SECTION 44.  Amends Section 44.003, Parks and Wildlife Code, to
allow the commission to set a different period of validity for a
game breeder's license and to set transitional period fee amounts.

SECTION 45.  Amends Section 44.007, Parks and Wildlife Code, allows
the commission to establish the time period for the game breeder's
written record to be kept and when the report is required.

SECTION 46.  Amends Section 45.002(c), Parks and Wildlife Code, to
allow the commission to set a different period of validity for game
bird breeder's licenses and to set transitional period fee amounts.

SECTION 47.  Amends Section 45.008(b), Parks and Wildlife Code, to
allow the commission authority to set the reporting time period for
commercial game bird breeders.

SECTION 48.  Amends Section 46.001, Parks and Wildlife Code, to
delete the requirement that fishing licenses must be in the
purchaser's immediate possession and grants the commission
regulatory authority to prescribe license possession requirements. 


SECTION 49.  Amends Section 46.0045, Parks and Wildlife Code, to
delete the reference to the commission being able to prescribe
collection fees for agents issuing fishing tags [replaced with
general commission authority to set the agent fees in proposed
Section 12.702(b)].

SECTION 50.  Amends Section 46.005(a), Parks and Wildlife Code, to
grant the Commission authority to issue more than one type of
temporary resident sportfishing license, set time periods, and
designate persons to whom licenses may be issued.  Also amends
Section 46.005(b) to grant the Commission authority to set fees for
more than a single type of temporary resident sportfishing license
and eliminates the exact fifty cent reference for collection fees
for agents issuing temporary sportfishing licenses, [replaced with
general commission authority to set the agent fees in proposed
Section 12.702(b)].

SECTION 51.  Amends Section 46.0051(a), Parks and Wildlife Code, to
grant the Commission authority to issue more than one type of
temporary non-resident fishing license, set time periods, and
designate persons to whom licenses may be issued.  Also amends
Section 46.0051(b) to grant the Commission authority to set fees
for more than a single type of temporary non-resident fishing
license and eliminates the exact fifty cent reference for
collection fees for agents issuing temporary non-resident fishing
licenses [replaced with general Commission authority to set the
agent fees in proposed Section 12.702(b)].

SECTION 52.  Amends Section 46.006(b), Parks and Wildlife Code,
eliminate the requirement for the customer to provide the serial
number of a lost or destroyed license or tag when applying for a
duplicate license or tag [commission retains authority to require
serial numbers, if needed, under existing Section 46.006(b)(2)].

SECTION 53.  Amends Section 46.007, Parks and Wildlife Code, to
allow the commission to set a different period of validity for
annual type fishing licenses and to set transitional period fee
amounts.

SECTION 54.  Amends Section 46.0085, Parks and Wildlife Code, to
make the language referring to the form and issuance of licenses
conform with other similar references in the code and allows the
commission to prescribe identification and compliance requirements. 
Also expands the persons that may be issued tags for finfish
species  (red drum tag issuance limitation).

SECTION 55.  Amends Section 46.102, Parks and Wildlife Code, to
delete the requirement that Lake Texoma Fishing Licenses must be in
the purchaser's immediate possession and grants the commission
regulatory authority to prescribe license possession requirements. 


SECTION 56.  Amends Section 46.104(b), Parks and Wildlife Code, to
eliminate the exact seventy-five cent reference for collection fees
for agents issuing Lake Texoma Fishing Licenses [replaced with
general commission authority to set the agent fees in proposed
Section 12.702(b)].

SECTION 57.  Amends Section 46.105(b), Parks and Wildlife Code, to
eliminate the exact fifteen cent reference for collection fees for
agents issuing Lake Texoma 10-Day Fishing Licenses [replaced with
general commission authority to set the agent fees in proposed
Section 12.702(b)].

SECTION 58.  Amends Section 47.007(e), Parks and Wildlife Code, to
change the criteria for determining residency for U. S. Coast Guard
documented boats that purchase commercial fishing boat licenses. 
"Home Port" is deleted and replaced with the address shown for the
boat owner or other criteria established by the Commission on the
documentation papers.  Recently the U.S.C.G. eliminated "Home Port"
from information printed on new documentation papers.  This
proposed change would provide a universal criteria for determining
residency for U.S.C.G. documented boats which apply for commercial
fishing boat licenses.  

SECTION 59.  Amends Section 47.031(a), Parks and Wildlife Code, to
allow the commission set a different period of validity for all
licenses authorized by Chapter 47 (commercial fishing, bait dealer,
fish dealer licenses, etc.) and to set transitional period fee
amounts.

SECTION 60.  Amends Section 50.001, Parks and Wildlife Code, to
allow the commission to establish licenses and license packages for
hunting fishing and other activities.  In addition, the commission
may set the fee amounts for combination licenses or license
packages but the fees must be less than the fees for the individual
licenses, permits, or stamps included in the packages.

SECTION 61.  Amends Section 50.0011, Parks and Wildlife Code, to
extend the "resident" definition to members of the United States
armed forces on active duty, their dependents and any other
category of individuals that the commission designates [conforms
with resident definitions in Sections 42.001 (hunting licenses) and
46.0011 (fishing licenses)].

SECTION 62.  Amends Section 50.0021, Parks and Wildlife Code, to
allow the commission to set a different period of validity for
combination licenses and to set transitional period fee amounts.

SECTION 63.  Amends Section 50.004(a), Parks and Wildlife Code, to
make the language referring to the form and issuance of combination
licenses conform with other similar references in the code and
deletes the existing requirement that deer tags must be attached to
the combination license.  Grants the commission regulatory
authority to prescribe license identification possession
requirements.

SECTION 64.  Amends Chapter 65, Parks and Wildlife Code, by adding
Section 65.0071 as follows:

     Sec. 65.0071.  EXPIRATION OF LICENSES.  Prescribes period of
validity for all    licenses authorized by Chapter 65 (alligator
hunting, farming, and dealer licenses, etc.)      and allows the
commission to set a different period of validity and to set
transitional   period fee amounts.

SECTION 65.  Amends Section 66.017(a), Parks and Wildlife Code, to
allow the commission to set a different period of validity  for all
licenses authorized by Chapter 66 (finfish import licenses,
saltwater trotline tags, and commercial crab trap tags) and to set
transitional period fee amounts.

SECTION 66.  Amends Section 71.010, Parks and Wildlife Code, to
allow the commission to set a different period of validity for all
licenses authorized by Chapter 71 (furbearing animal-related
licenses) and to set transitional period fee amounts.

SECTION 67.  Amends Section 76.103, Parks and Wildlife Code, to
allow the commission to set the license expiration date for oyster
licenses.

SECTION 68.  Amends Section 76.1031(a), Parks and Wildlife Code, to
allow the commission to set the license year for all licenses
authorized by Chapter 76 (oyster-related licenses) and to set
transitional period fee amounts.

SECTION 69.  Amends Sections 76.104(e) & (f), Parks and Wildlife
Code, to change the criteria for determining residency for U. S.
Coast Guard documented boats that purchase commercial and sport
oyster boat licenses.  "Home Port" is deleted and replaced with the
address shown for the boat owner or other criteria established by
the Commission on the documentation papers.  Recently the U.S.C.G.
eliminated "Home Port" from information printed on new
documentation papers.  This proposed change would provide a
universal criteria for determining residency for U.S.C.G.
documented boats which apply for commercial and sport oyster boat
licenses.  

SECTION 70.  Amends Section 77.031(d), Parks and Wildlife Code, to
change the criteria for determining residency for U. S. Coast Guard
documented boats that purchase commercial bay shrimp boat licenses. 
"Home Port" is deleted and replaced with the address shown for the
boat owner or other criteria established by the Commission on the
documentation papers.  

SECTION 71.  Amends Section 77.033(c), Parks and Wildlife Code, to
change the criteria for determining residency for U. S. Coast Guard
documented boats that purchase commercial bait-shrimp boat
licenses.  "Home Port" is deleted and replaced with the address
shown for the boat owner or other criteria established by the
Commission on the documentation papers.  

SECTION 72.  Amends Section 77.035(c), Parks and Wildlife Code, to
change the criteria for determining residency for U. S. Coast Guard
documented boats that purchase commercial gulf shrimp boat
licenses.  "Home Port" is deleted and replaced with the address
shown for the boat owner or other criteria established by the
Commission on the documentation papers.  

SECTION 73.  Amends Section 77.0361, Parks and Wildlife Code, to
allow the commission to set the license year for all licenses
authorized by Chapter 77 (shrimp-related licenses) and to set
transitional period fee amounts.  Also eliminates the obsolete
transition period language for commercial bay shrimp licenses in
Section 77.0361(b).

SECTION 74.  Amends Section 78.002(b), Parks and Wildlife Code, to
allow the commission to set the license year for all licenses
authorized by Chapter 78 (mussel and clam-related licenses) and to
set transitional period fee amounts.

SECTION 75.  Amends Section 78.003(e) and (f), Parks and Wildlife
Code, to eliminate the restriction on license year period for
mussel and clam-related licenses.

SECTION 76.  The following Sections of Parks and Wildlife Code are
repealed:  Sec. 11.056(c), Sec. 42.011, Sec. 46.004(d), Sec.
46.006(c), Sec. 46.009, Sec. 46.010, Sec. 46.011, Sec. 46.012, Sec.
50.002(c), Sec. 71.013, and Sec. 78.002(f). 

SECTION 77.  Effective dates.

SECTION 78.  Emergency clause.

COMPARISON OF ORIGINAL TO SUBSTITUTE

In Section 3 of the substitute a provision is added that will not
allow the commission to set any collection or issuance fees, for
license deputies at amounts less than those in effect on June 1,
1995.  Section 19 of the original bill, which dealt with license
fee for hunting cooperatives, is deleted in the substitute.  In
Section 19 of the substitute, new language is added to provide for
a license term for a transition period that is shorter or longer
than a year.  In Sections 23, 26, and 29 of the substitute, new
language is added that provides for a stamp term for a transition
period that is shorter or longer than a year.

In Section 50 of the substitute, subsection (a) is amended to allow
the commission to issue more than one type of license under this
subsection.  In addition, the substitute amends subsection (b) by
deleting the reference to $5.  Section 51 of the substitute, also
allows for the issuance of more than one type of license and
deletes the reference to $7, in subsection (b).

The language in Section 60 of the original bill was permissive,
this is changed in the substitute.  The substitute also adds new
language to this Section that provides for the fees set for
combination licenses or license packages to be less than fees for
individual licenses that are combined to make up the combination
licenses and packages.

The substitute adds a new Section 69 that amends Sec. 76.104(e) and
(f), Parks and Wildlife Code, relating to commercial oyster boat
license.  Sections 70, 71 and 72 of the substitute are also new
sections.  Section 70 amends Sec. 77.031(d), Parks and Wildlife
Code, relating to commercial bay shrimp boat license.  Section 71
amends Sec. 77.033(c), Parks and Wildlife Code, relating to
commercial bait-shrimp license.  Section 72 amends Sec. 77.035(c),
Parks and Wildlife Code, relating to commercial gulf shrimp boat
license.

Section 77 (a) of the substitute is changed to make all sections of
the bill effective immediately.

SUMMARY OF COMMITTEE ACTION

H.B. 2216 was considered by the Committee on State Recreational
Resources in a public hearing on March 29, 1995.

The committee considered a complete substitute for the bill.

The following persons testified neutrally on the bill:

     Andy Sansom representing Texas Parks and Wildlife Department;
     Paul Israel representing Texas Parks and Wildlife Department;
and
     Jayna Burgdorf representing Texas Parks and Wildlife
Department.

The bill was left pending.

H.B. 2216 was considered by the Committee on State Recreational
Resources in a public hearing on April 12, 1995.

The committee considered a complete substitute for the bill.

Three amendments were offered to the substitute.

Three of those amendments were adopted without objection.

The substitute as amended was adopted without objection.

The chair directed the staff to incorporate the amendments into the
substitute.

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