BILL ANALYSIS


                                                        H.B. 2365
                                             By: Oliveira (Lucio)
                                                    Agriculture
                                                         05-12-95
                              Senate Committee Report (Unamended)
BACKGROUND

Currently, the Natural Resources Code gives the Texas Parks and
Wildlife Department the authority to regulate mobile business
establishments on the state-owned beaches bordering on the seaward
shore of the Gulf of Mexico.

PURPOSE

As proposed, H.B. 2365 provides for the regulation by coastal
counties of licenses for business establishments on public beaches.

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not grant any
additional rulemaking authority to a state officer, institution, or
agency.

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Section 61.164, Natural Resources Code, to
require that a person who desires to operate a mobile business
establishment on a public beach located outside the municipal
limits of an incorporated city to submit a written application to
the county of jurisdiction, rather than to the Texas Parks and
Wildlife Department (department).

SECTION 2. Amends Section 61.166, Natural Resources Code, as
follows:

     Sec. 61.166. FILING FEE. (a) Requires the application to be
     accompanied by a filing fee in an amount determined by the
     county, rather than the greater of a fee of $25 or an amount
     set by the Parks and Wildlife Commission.
     
     (b) Authorizes the filing fee to be used by the county,
       rather than the department, to pay the expenses of carrying
       out the provisions of this subchapter. Deletes the provision
       that the fee shall be deposited in the state treasury in the
       game, fish, and water safety account.
SECTION 3. Amends Section 61.168, Natural Resources Code, as
follows:

     Sec. 61.168. GRANTING LICENSE. Deletes existing Subsection
     (b), and replaces it with existing Subsection (c). Requires a
     license to conduct business to be valid for a term selected by
     the county not to exceed two years, rather than one year, from
     the day it is issued. Makes conforming changes.
     
     SECTION 4.     Amends Section 61.169, Natural Resources Code, as
follows:

     Sec. 61.169. APPLICATIONS NOT TO BE GRANTED. Deletes the
     provision prohibiting the county from granting an application
     for a business establishment that does not traverse the beach
     while doing business. Makes a conforming change.
     
     SECTION 5.     Amends Section 61.173(a), Natural Resources Code, to
make a conforming change.

SECTION 6. Amends Section 61.174, Natural Resources Code, to make
conforming changes.

SECTION 7. Amends Section 61.175, Natural Resources Code, to make
a conforming change.

SECTION 8. Amends Section 61.177, Natural Resources Code, to make
a conforming change.

SECTION 9. Amends Chapter 61E, Natural Resources Code, by adding
Section 61.178, as follows:

Sec. 61.178. ENFORCEMENT. Provides that at the request of a county,
department game wardens will assist with enforcement of the
provisions of this Act, or permits issued hereunder, along with any
other state or local law enforcement entities with jurisdiction
over public beaches.

SECTION 10.    Emergency clause.
           Effective date: upon passage.