PUC C.S.H.B. 1941 75(R)BILL ANALYSIS STATE RECREATIONAL RESOURCES C.S.H.B. 1941 By: Place 4-24-97 Committee Report (Substituted) BACKGROUND Current statute allows for the Executive Director of Texas Parks and Wildlife to suspend or revoke an original or renewal permit or license issued under the Parks and Wildlife Code if it is found, after notice and hearing held with the office of Administrative Law Judges, that: (1) a person has been finally convicted of a violation of the Code or proclamation related to the permit or license; (2) a person has violated a provision of the Code or proclamation related to the permit or license; (3) a person made a false statement relating to the permit or license; or (4) the person is indebted to the state for taxes, fees, or fines imposed by the Code relating to the permit or license to be suspended or revoked. PURPOSE CSHB 1941 would allow any hunting or fishing license or permit issued by the department to be automatically revoked upon conviction of a person hunting or fishing without consent of the landowner as prescribed in Section 61.022, and the department may not issue to the person any hunting or fishing license or permit for a period of one year after the date of final conviction. 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 Subchapter F, Chapter 12, Parks and Wildlife Code, by adding Section 12.5015 as follows: Sec. 12.5015. AUTOMATIC REVOCATION AND DENIAL OF ISSUANCE OF HUNTING OR FISHING LICENSE OR PERMIT. (a) Provides that any hunting or fishing license or permit issued by the department is automatically revoked upon conviction of a person hunting or fishing without consent of the landowner as prescribed in Section 61.022. (b) Provides that the holder of a lifetime license upon final conviction of an offense under Sec. 61.022, will automatically have their license suspended for a period of one year. (c) Provides that the department may not issue to the person any hunting or fishing license or permit for a period of one year after the date of final conviction. (d) Provides that a person who has a license revoked shall surrender the license to the court. (e) Provides that the clerk of court shall send to the department a copy of the final judgement of conviction. (f) Provides that a justice of the peace court has jurisdiction over a prosecution of Section 61.022 if the justice of the peace court has jurisdiction prior to this bill being enacted. SECTION 2: Effective date: September 1, 1997. Transition statement. SECTION 3: Emergency clause. COMPARISON OF ORIGINAL TO SUBSTITUTE The committee substitute has an amended caption. CSHB 1941 relates to the automatic revocation of hunting and fishing licenses held by and the denial of issuance of hunting and fishing licenses to persons convicted of poaching. In CSHB 1941, the caption for Section 12.5015 is amended from that of the original bill to include the denial or issuance of hunting and fishing licenses. A new subsection (b) has been added under Sec. 12.5015 in the committee substitute, and the following subsections relettered appropriately. The new subsection deals with the suspension of lifetime licenses. CSHB 1941, Sec. 12.5015 (c), the word "conviction" has replaced "revocation" and the reference to a person "who has had a license or permit revoked under this section" has been replaced with "finally convicted of an offense under Section 61.022". CSHB 1941, Sec. 12.5015 (e), makes reference to the "clerk of court" rather than just "court", and "final judgement of conviction" replaces "court's order revoking any license and any revoked license".