PUC C.S.H.B. 1523 75(R)BILL ANALYSIS


STATE RECREATIONAL RESOURCES
C.S.H.B. 1523
By: Merritt
4-17-97
Committee Report (Substituted)



BACKGROUND 

At the present time, the Parks and Wildlife Department may offer a fishing
license for sale at a lowered rate to several classes of individuals
including individuals who are blind, under 17 years of age, over 65 years
of age, or disabled veterans.  Mentally disabled persons may obtain a
fishing license at no charge at the present time, but only if they are
accompanied by personnel of a hospital or other organization providing
therapy and only if fishing is part of the mentally disabled individual's
therapy.  Families who have sacrificed to keep a mentally disabled person
in the home are not able to obtain a reduced-price or free fishing
license. 

PURPOSE

As proposed, C.S.H.B. 1523 would allow the Texas Parks and Wildlife
Department to offer fishing licences to mentally and physically disabled
individuals at a reduced price. 

RULEMAKING AUTHORITY

It is the committee's opinion that additional rulemaking authority is
granted to the Texas Parks and Wildlife Commission in SECTION 1, Sec.
46.004 (c). 

SECTION BY SECTION ANALYSIS

SECTION 1: Amends Section 46.004, Parks and Wildlife Code, by adding
Subsection (b) (6), to provide that Texas Parks and Wildlife may establish
a lower fee or waive the fee for a fishing license if  a resident has a
mental or physical impairment that limits one or more of their major life
activities.  Subsection (c) is added to Sec. 46.004, to provide that the
commission by rule shall define mental or physical impairment that
substantially limits one or more major life activities. 

SECTION 2: Emergency clause.


COMPARISON OF ORIGINAL TO SUBSTITUTE

The original bill only referred to mental impairment, the committee
substitute refers to both mental and physical impairments. 

The original bill did not contain Sec. 46.004 (c).  The committee
substitute adds this section to provide the Texas Parks and Wildlife
Commission rulemaking authority in defining mental or physical impairment
that substantially limits one or more major life activities.