BILL ANALYSIS State Recreational Resources Committee H.B. 2365 By: Oliveira April 12, 1995 Committee Report (Unamended) BACKGROUND Currently, the Natural Resources Code gives the Texas Parks and Wildlife Department (TPWD) the authority to regulate mobile business establishments on the state owned beaches bordering on the seaward shore of the Gulf of Mexico. Finding that the issuance of a license is consistent with recreational needs and the public welfare, and that the mobile business establishment would not create a traffic or safety hazard, the department shall grant a license. PURPOSE H.B. 2365 would transfer the responsibility of regulating beach business from Texas Parks and Wildlife Department to the coastal counties of jurisdiction. 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 61.164, Natural Resources Code, by allowing a person who desires to operate a mobile beach business on a public beach to apply for a license in the county of jurisdiction. SECTION 2. Amends Section 61.166, Natural Resources Code, by authorizing the county to determine the filing fee for a mobile beach business application. This section also allows the county to use the filing fee to pay for the expenses of implementing the provisions of this subchapter. SECTION 3. Amends Section 61.168, Natural Resources Code, as follows: (a) Provides authority for a county to issue a mobile beach business license; (b) Provides authority for a county to select the term of validity of a license and the term shall not exceed two years; and (c) Provides that the county shall return applicant's filing fee if a license is not granted. SECTION 4. Amends Section 61.169, Natural Resources Code, by authorizing a county to deny the issuance of a license under certain circumstances: (1) if the business establishment is permanently fixed on a public beach; or (2) if the mobile business does not otherwise meet the terms and provisions of the subchapter. SECTION 5. Amends Section 61.173(a), Natural Resources Code, authorizing the county to establish maximum territorial limits for mobile business establishments. SECTION 6. Amends Section 61.174, Natural Resources Code, by allowing the county to exercise the authority delegated to it under this subchapter, according to the following considerations: (1) provides that the number of county-issued licenses will not interfere with pedestrian or vehicular traffic on public beaches; (2) provides that the number of county-issued licenses will not restrict competition for selling or leasing a commodity; and (3) provides that no person should be allowed to operate on any public beach in restraint of trade or competition by which the person completely controls substantially all the business establishments on the public beach licensed by the county. SECTION 7. Amends Section 61.175, Natural Resources Code, authorizing the county to establish additional rules, procedures, and conditions necessary or appropriate to carry out the purposes of this subchapter. SECTION 8. Amends Section 61.177, Natural Resources Code, providing a penalty for a person who fails to obtain a license issued by a county, as required by this subchapter. SECTION 9. Subchapter E, Natural Resources Code, is amended by adding Section 61.178. At the request of a county, department game wardens and other peace officers in this state will assist with the enforcement of provisions of this act. SECTION 10. Emergency clause, effective upon passage. SUMMARY OF COMMITTEE ACTION H.B. 2365 was considered by the Committee on State Recreational Resources in a public hearing on April 12, 1995. The following person testified in favor of the bill: Kenneth L. Conway representing Cameron County Park System. The following person testified neutrally on the bill: David Sinclair representing Texas Parks and Wildlife Department. The bill was reported favorably without amendment, with the recommendation that it do pass and be printed, by a record vote of 7 ayes, 0 nays, 0 pnv, 2 absent.