SRC-HRD H.B. 520 75(R)   BILL ANALYSIS


Senate Research Center   H.B. 520
By: Woolley (Brown)
Natural Resources
3-24-97
Engrossed


DIGEST 

Currently, Texas law prohibits boats from being used for the purpose of
catching menhaden unless the owner of the boat has acquired a menhaden
boat license.  Prior to the September 1, 1996, licensing year, the Texas
Parks and Wildlife Department had treated the main 165-foot menhaden
vessel (the "steamer") as the menhaden boat for licensing purposes.  In
most cases there are two 38-foot "purse boats," which are carried on the
steamer for the purpose of assisting in the catching of menhaden.  These
purse boats had not been licensed in the past, but as of September 1,
1996, the law was interpreted to require that the purse boats also have
menhaden boat licenses, effectively tripling the cost for menhaden
operators.  The Parks and Wildlife Code sets the license fee for each
menhaden boat at $2,000, or at an amount set by the Parks and Wildlife
Commission (commission), whichever is higher.  The current fee for the
menhaden boat license is $3,500 for each menhaden boat, which was
increased from $2,000 to $3,500 by the commission in 1991.  H.B. 520 would
make a distinction between "steamers" and "purse boats" for licensing
purposes and would charge separate licensing fees for each.

PURPOSE

As proposed, H.B. 520 makes a distinction in reference to a boat used for
the purpose of catching, storing, and transporting menhaden and a boat
used for assisting in the catching of menhaden and requires a separate
license for each. 

RULEMAKING AUTHORITY

This bill does not grant any additional rulemaking authority to a state
officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Section 47.008, Parks and Wildlife Code, to prohibit the
use of a boat for the purpose of catching, storing, and transporting
menhaden in tidal water unless the owner of the boat has acquired a Class
A menhaden boat license.  Prohibits the use of a boat for the purpose of
assisting in catching menhaden in tidal water unless the owner of the boat
has acquired a Class B menhaden boat license.  Provides that the license
fee for each Class A menhaden boat is $2,000 or an amount set by the Parks
and Wildlife Commission (commission), whichever is more, for each yearly
period.  Requires the commission to set the license for each Class B
menhaden boat for each yearly period in an amount not to exceed $50. 

SECTION 2. Effective date: September 1, 1997.

SECTION 3. Emergency clause.