BILL ANALYSIS S.B. 976 By: Wentworth (Oliveira) May 19, 1995 Committee Report (Amended) BACKGROUND Chapter 11, Subchapter D, Parks and Wildlife Code, establishes the special nongame and endangered species conservation fund for the purposes of: dissemination of information; scientific investigation and survey; propagation, distribution, protection and restoration; research and management; development and acquisition of habitats; and matching of funds under federal programs, for the purposes of furthering nongame and endangered species conservation. The sources of revenue for this account are: private contributions, interest on the account, user fees, and the sale of prints, decals and stamps. Section 11.53, Education Code, gives the Texas Education Agency (TEA) the responsibility for promoting environmental education in Texas schools. Funding for this comes from federal grants, or other public or private sources. PURPOSE S.B. 976 authorizes the issuance of specially designed Texas nature license plates. Proceeds from the sale of the plate would be placed in a special environmental education fund administered by the Texas Education Agency and a nongame and endangered species fund administered by the Texas Parks and Wildlife Department. 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 Article 6675a-1 et seq., V.T.C.S., by adding Section 5q. (a) Requires the Texas Department of Transportation (department) to provide for the issuance of special wildlife conservation license plates for passenger cars and light commercial motor vehicles (vehicles) having a manufacturer's rated carrying capacity of less than one ton. (b) Requires the format of the plates to be approved by the Parks and Wildlife Commission and the department. (c) Requires the department to issue the plates to a person who meets certain criteria. (d) Allows a person applying for the plates to have the ones that are assigned by the department, or apply for personalized plates. (e) Provides that the fee for issuance of special license plates is $30 a year in addition to the vehicle registration fee and the fee for personalized plates. (f) Requires the department to deposit $15 of each fee to the credit of the special nongame and endangered species conservation account established by Section 11.052, Parks and Wildlife Code. Provides that amounts deposited are supplementary and are not income for purposes of reducing general appropriations to the Parks and Wildlife Department. (g) Requires the department to deposit $5 of each fee to the credit of the environmental education account established under Section 11.53(b), Education Code (created by this Act). Provides that amounts deposited are supplementary and are not income for purposes of reducing general appropriations to the Central Education Agency. (h) Requires the department to deposit the remainder of each fee to the credit of the state highway fund to be used only to defray the cost of administering this section. (i) Authorizes the owner of the vehicle for which plates were issued to obtain replacement plates for a $5 fee if the plates are lost, stolen, or mutilated. Requires the owner to return the plates if the owner disposes of the vehicle during a registration year. (j) Provides that there is no limit to the number of passenger cars and vehicles for which a person may apply for plates. SECTION 2. Amends Section 11.53 (Environmental Education), Education Code, to create the environmental education account, and to establish authorized uses of the money in the account. Exempts this account from the application of Sections 403.094 and 403.095, Government Code. SECTION 3. Amends Section 11.053 (Sources of Account), Parks and Wildlife Code, to require a certain amount of the fees collected from the sale of the plates to be deposited to the credit of the special nongame and endangered species conservation account. SECTION 4. Provides that this Act prevails over any revision, recodification, or reenactment of Titles 1 and 2, Education Code, by the 74th Legislature, notwithstanding Section 311.025, Government Code. SECTION 5. Effective Date: September 1, 1995. SECTION 6. Emergency Clause. EXPLANATION OF AMENDMENTS COMMITTEE AMENDMENT #1 deletes Subsection (g) and subsequent references to it. Subsection (g) stipulates that $5 of each fee collected shall be deposited in an environmental education account for the Texas Education Agency. The amendment also deletes the creation of the environmental education account. SUMMARY OF COMMITTEE ACTION Pursuant to an announcement on the House floor, the committee met in a formal meeting on May 18, 1995. The chair laid out S.B. 976. The committee considered an amendment by Representative Heflin. Without objection, the amendment was adopted. By a record vote of 8 ayes, 0 nays, 0 present not voting and 3 absent, the committee voted to report S.B. 976 with amendment to the House with the recommendation that it do pass.