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.