1-1 By: Oliveira (Senate Sponsor - Lucio) H.B. No. 2365
1-2 (In the Senate - Received from the House May 4, 1995;
1-3 May 5, 1995, read first time and referred to Committee on Natural
1-4 Resources; May 12, 1995, reported favorably by the following vote:
1-5 Yeas 9, Nays 0; May 12, 1995, sent to printer.)
1-6 A BILL TO BE ENTITLED
1-7 AN ACT
1-8 relating to county licenses for business establishments on public
1-9 beaches.
1-10 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-11 SECTION 1. Section 61.164, Natural Resources Code, is
1-12 amended to read as follows:
1-13 A person who desires to operate a mobile business
1-14 establishment on a public beach located outside the municipal
1-15 limits of an incorporated city shall submit a written application
1-16 to the county of jurisdiction <department>.
1-17 SECTION 2. Section 61.166, Natural Resources Code, is
1-18 amended to read as follows:
1-19 (a) The application shall be accompanied by a filing fee in
1-20 <of $25 or> an amount determined <set> by the county <Parks and
1-21 Wildlife Commission, whichever amount is more>.
1-22 (b) The filing fee may be used by the county to <shall be
1-23 deposited in the state treasury in the game, fish, and water safety
1-24 account, and the department may> pay <from this account> the
1-25 expenses of carrying out the provisions of this subchapter.
1-26 SECTION 3. Section 61.168, Natural Resources Code, is
1-27 amended to read as follows:
1-28 (a) <Except as provided by Subsection (b) of this section,>
1-29 O<o>n finding that the issuance of a license is consistent with
1-30 recreational needs and the public welfare, and that the mobile
1-31 business establishment would not create a traffic or safety hazard,
1-32 and on compliance with this subchapter by the applicant, the county
1-33 <department> shall grant the license.
1-34 <(b) Notwithstanding Section 61.169 of this subchapter, on a
1-35 finding that a beach is too narrow and too crowded to allow a
1-36 vendor to traverse the beach while doing business, the department
1-37 shall deny a license under Subsection (a) of this section but may
1-38 grant a license that permits the applicant to conduct his business
1-39 on that beach for the purposes set forth therein at the times and
1-40 for the period and only at the specific location specified in that
1-41 license. The department is further authorized to charge a license
1-42 fee for any such license which fee shall be commensurate with the
1-43 benefit bestowed upon the licensee through the use of the public
1-44 easement for business purposes.>
1-45 (b) <(c)> The license shall be valid for a term selected by
1-46 the county, not to exceed two <one> years from the day it is
1-47 issued.
1-48 (c) <(d)> If the license is not granted, the county
1-49 <department> shall return the filing fee to the applicant.
1-50 SECTION 4. Section 61.169, Natural Resources Code, is
1-51 amended to read as follows:
1-52 The county <department> shall not grant an application:
1-53 (1) for a business establishment located at a fixed or
1-54 permanent location on a public beach;
1-55 <(2) for a business establishment that does not
1-56 traverse the beach while doing business;> or
1-57 (2) <(3)> that does not otherwise meet the terms and
1-58 provisions of this subchapter.
1-59 SECTION 5. Section 61.173 (a), Natural Resources Code, is
1-60 amended to read as follows:
1-61 (a) If territorial limitations are applied uniformly to all
1-62 applicants seeking to operate mobile business establishments in the
1-63 territory, the county <department> may establish maximum
1-64 territorial limits over which mobile business establishments may
1-65 operate.
1-66 SECTION 6. Section 61.174, Natural Resources Code, is
1-67 amended to read as follows:
1-68 In addition to other standards provided in this subchapter,
2-1 it is the intention of the legislature that the county <department>
2-2 exercise the authority delegated to it under this subchapter
2-3 according to the following considerations:
2-4 (1) that the number of mobile business establishments
2-5 licensed by the county <department> should not constitute a
2-6 substantial interference with the free and unrestricted rights of
2-7 ingress and egress of the public provided in this subchapter;
2-8 (2) that the number of licenses issued by the county
2-9 <department> under this subchapter are sufficient to ensure free
2-10 and unrestricted competition in selling or leasing of commodities
2-11 to the public; and
2-12 (3) that no person should be allowed to operate any
2-13 mobile business establishment on any public beach in restraint of
2-14 trade or competition by which the person controls all or
2-15 substantially all the business establishments on the public beach
2-16 licensed by the county <department>.
2-17 SECTION 7. Section 61.175, Natural Resources Code, is
2-18 amended to read as follows:
2-19 The county <department> may establish additional rules,
2-20 procedures, and conditions necessary or appropriate to carry out
2-21 the purposes of this subchapter.
2-22 SECTION 8. Section 61.177, Natural Resources Code, is
2-23 amended to read as follows:
2-24 A person, who for himself or on behalf of or under the
2-25 direction of another person, operates any business establishment,
2-26 whether mobile or at a fixed or permanent location, on any public
2-27 beach outside the boundaries of any incorporated city without first
2-28 obtaining a license to operate the business establishment from the
2-29 county <department> shall be fined not less than $10 nor more than
2-30 $200.
2-31 SECTION 9. Subchapter E, Chapter 61, Natural Resources Code,
2-32 is amended by adding Section 61.178 to read as follows:
2-33 Sec. 61.178. Enforcement. At the request of a county,
2-34 department game wardens will assist with enforcement of the
2-35 provisions of this act, or permits issued hereunder, along with any
2-36 other state or local law enforcement entities with jurisdiction
2-37 over public beaches.
2-38 SECTION 10. The importance of this legislation and the
2-39 crowded conditions of the calendars in both houses create an
2-40 emergency and an imperative public necessity that the
2-41 constitutional rule requiring bills to be read on three several
2-42 days in each house be suspended, and this rule is hereby suspended,
2-43 and that this Act take effect and be in force from and after its
2-44 passage, and it is so enacted.
2-45 * * * * *