PUC H.B. 520 75(R)BILL ANALYSIS


STATE RECREATIONAL RESOURCES
H.B. 520
By: Woolley
2-21-97
Committee Report (Unamended)



BACKGROUND 

Currently, Section 47.008 of the Texas Parks and Wildlife Code, requires a
boat used for the purpose of catching menhaden to have acquired a menhaden
boat license.  Prior to the September 1, 1996, licensing year, the Texas
Parks and Wildlife Department (TPWD) 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
recently (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 an amount set by the commission,
whichever is higher.  The current fee for the menhaden boat license is
$3,500 for each menhaden boat.  The fee was increased from $2,000 to
$3,500 by the Commission in 1991. 

PURPOSE

The purpose of House Bill 520 is to distinguish between "steamers" and
"purse boats" for licensing purposes and to charge and appropriate
licensing fee for each. 

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly grant any
additional rulemaking authority to a state officer, department, agency or
institution. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 47.008, Parks and Wildlife Code.

 Sec. 47.008.  MENHADEN BOAT LICENSES.  (a) Adds "storing and
transporting" to  "catching menhaden" for activities which require a Class
A menhaden boat license.   (b) Requires a Class B menhaden boat license
for boats used for the purpose of assisting  in catching menhaden.  (c)
Provides that a Class A menhaden boat license is $2,000 or an  amount set
by the commission, whichever is more.  (d)  Provides that a Class B
menhaden boat license is $50 or an amount set by the commission, whichever
is more. 

SECTION 2.  Effective date:  September 1, 1997.

SECTION 3.  Emergency clause.