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