Bill not drafted by TLC or Senate E&E.

      Line and page numbers may not match official copy.

      By Kuempel                                      H.B. No. 2953

                                A BILL TO BE ENTITLED

 1-1                                   AN ACT

 1-2     relating to duties of the Texas Parks and Wildlife Department.

 1-3           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-4           SECTION 1.  Amend Chapter 13, Subchapter A, Parks and

 1-5     Wildlife Code, by adding a new section to read as follows:

 1-6           Sec. 13.023.  DISPUTES.  (a)  Disputes arising between a

 1-7     dealer and manufacturer described in Chapter 31 of this code may be

 1-8     referred to the department.  The department will designate an

 1-9     arbitrator to determine by a preponderance of the evidence, at a

1-10     hearing held by the arbitrator, a resolution to the dispute.  The

1-11     arbitrator shall be a resident of this state and licensed to

1-12     practice law in this state and have no interest in the outcome of

1-13     the proceeding.  The department shall make the appointment within

1-14     30 days after receipt of the protest.  The arbitration shall be

1-15     conducted in the following 90 days pursuant to Section 1781.001,

1-16     Civil Practice and Remedies Code following the rules of evidence

1-17     called for in Section 2001.081, Government Code.  The parties shall

1-18     share equally the cost of the arbitrator and of the proceeding.

1-19     Each party shall pay for its own attorneys and experts.  The

1-20     parties shall be bound by the decision of the arbitrator without an

1-21     appeal.

1-22           (b)  The department is authorized to charge parties

1-23     instituting actions under this section filing fees in amounts

1-24     adequate to defray all department expenses in the administration of

 2-1     this section.

 2-2           SECTION 2.  The importance of this legislation and the

 2-3     crowded condition of the calendars in both houses create an

 2-4     emergency and an imperative public necessity that the

 2-5     constitutional rule requiring bills to be read on three several

 2-6     days in each house be suspended, and this rule is hereby suspended.