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.