By Oliveira H.B. No. 2365
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to county licenses for business establishments on public
1-3 beaches.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 61.164, Natural Resources Code, is
1-6 amended to read as follows:
1-7 Sec. 61.164. APPLICATION. A person who desires to operate a
1-8 mobile business establishment on a public beach located outside the
1-9 municipal limits of an incorporated city shall submit a written
1-10 application to the county of jurisdiction <department>.
1-11 SECTION 2. Section 61.166, Natural Resources Code, is
1-12 amended to read as follows:
1-13 Sec. 61.166. FILING FEE. (a) The application shall be
1-14 accompanied by a filing fee in <of $25 or> an amount determined
1-15 <set> by the county <Parks and Wildlife Commission, whichever
1-16 amount is more>.
1-17 (b) The filing fee may be used by the county to <shall be
1-18 deposited in the state treasury in the game, fish, and water safety
1-19 account, and the department may> pay <from this account> the
1-20 expenses of carrying out the provisions of this subchapter.
1-21 SECTION 3. Section 61.168, Natural Resources Code, is
1-22 amended to read as follows:
1-23 Sec. 61.168. GRANTING LICENSE. (a) On <Except as provided
2-1 by Subsection (b) of this section, on> finding that the issuance of
2-2 a license is consistent with recreational needs and the public
2-3 welfare, and that the mobile business establishment would not
2-4 create a traffic or safety hazard, and on compliance with this
2-5 subchapter by the applicant, the county <department> shall grant
2-6 the license.
2-7 (b) <Notwithstanding Section 61.169 of this subchapter, on a
2-8 finding that a beach is too narrow and too crowded to allow a
2-9 vendor to traverse the beach while doing business, the department
2-10 shall deny a license under Subsection (a) of this section but may
2-11 grant a license that permits the applicant to conduct his business
2-12 on that beach for the purposes set forth therein at the times and
2-13 for the period and only at the specific location specified in that
2-14 license. The department is further authorized to charge a license
2-15 fee for any such license which fee shall be commensurate with the
2-16 benefit bestowed upon the licensee through the use of the public
2-17 easement for business purposes.>
2-18 <(c)> The license shall be valid for a term selected by the
2-19 county, not to exceed two years <one year> from the day it is
2-20 issued.
2-21 (c) <(d)> If the license is not granted, the county
2-22 <department> shall return the filing fee to the applicant.
2-23 SECTION 4. Section 61.169, Natural Resources Code, is
2-24 amended to read as follows:
2-25 Sec. 61.169. APPLICATIONS NOT TO BE GRANTED. The county
3-1 <department> shall not grant an application:
3-2 (1) for a business establishment located at a fixed or
3-3 permanent location on a public beach;
3-4 <(2) for a business establishment that does not
3-5 traverse the beach while doing business;> or
3-6 (2) <(3)> that does not otherwise meet the terms and
3-7 provisions of this subchapter.
3-8 SECTION 5. Section 61.173(a), Natural Resources Code, is
3-9 amended to read as follows:
3-10 (a) If territorial limitations are applied uniformly to all
3-11 applicants seeking to operate mobile business establishments in the
3-12 territory, the county <department> may establish maximum
3-13 territorial limits over which mobile business establishments may
3-14 operate.
3-15 SECTION 6. Section 61.174, Natural Resources Code, is
3-16 amended to read as follows:
3-17 Sec. 61.174. ADDITIONAL STANDARDS. In addition to other
3-18 standards provided in this subchapter, it is the intention of the
3-19 legislature that the county <department> exercise the authority
3-20 delegated to it under this subchapter according to the following
3-21 considerations:
3-22 (1) that the number of mobile business establishments
3-23 licensed by the county <department> should not constitute a
3-24 substantial interference with the free and unrestricted rights of
3-25 ingress and egress of the public provided in this subchapter;
4-1 (2) that the number of licenses issued by the county
4-2 <department> under this subchapter are sufficient to ensure free
4-3 and unrestricted competition in selling or leasing of commodities
4-4 to the public; and
4-5 (3) that no person should be allowed to operate any
4-6 mobile business establishment on any public beach in restraint of
4-7 trade or competition by which the person controls all or
4-8 substantially all the business establishments on the public beach
4-9 licensed by the county <department>.
4-10 SECTION 7. Section 61.175, Natural Resources Code, is
4-11 amended to read as follows:
4-12 Sec. 61.175. RULES, PROCEDURES, AND CONDITIONS. The county
4-13 <department> may establish additional rules, procedures, and
4-14 conditions necessary or appropriate to carry out the purposes of
4-15 this subchapter.
4-16 SECTION 8. Section 61.177, Natural Resources Code, is
4-17 amended to read as follows:
4-18 Sec. 61.177. PENALTY. A person, who for himself or on
4-19 behalf of or under the direction of another person, operates any
4-20 business establishment, whether mobile or at a fixed or permanent
4-21 location, on any public beach outside the boundaries of any
4-22 incorporated city without first obtaining a license to operate the
4-23 business establishment from the county <department> shall be fined
4-24 not less than $10 nor more than $200.
4-25 SECTION 9. Subchapter E, Chapter 61, Natural Resources Code,
5-1 is amended by adding Section 61.178 to read as follows:
5-2 Sec. 61.178. ENFORCEMENT. At the request of a county,
5-3 department game wardens will assist with enforcement of the
5-4 provisions of this Act, or permits issued hereunder, along with any
5-5 other state or local law enforcement entities with jurisdiction
5-6 over public beaches.
5-7 SECTION 10. The importance of this legislation and the
5-8 crowded conditions of the calendars in both houses create an
5-9 emergency and an imperative public necessity that the
5-10 constitutional rule requiring bills to be read on three several
5-11 days in each house be suspended, and this rule is hereby suspended,
5-12 and that this Act take effect and be in force from and after its
5-13 passage, and it is so enacted.