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.
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