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.