SRC-PNG S.B. 1302 76(R)   BILL ANALYSIS


Senate Research Center   S.B. 1302
76R7307 WP-FBy: Brown
Natural Resources
4/7/1999
As Filed


DIGEST 

Currently, under Texas law, the Texas Parks and Wildlife Department (TPWD)
may suspend or revoke a permit or license if, after notice and hearing, it
is found that the permittee or licensee was finally convicted of a
violation of the Parks and Wildlife Code or proclamation, the violation was
related to the license to be suspended, a false statement was made to
obtain the license or permit, or the permittee or licensee is indebted to
the state for taxes, fees, or penalties imposed by the Parks and Wildlife
Code.  This bill would authorize TPWD to withhold licenses under certain
circumstances. 

PURPOSE

As proposed, S.B. 1302 authorizes the Texas Parks and Wildlife Department
to withhold licenses in certain circumstances. 

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 12.501(b), Parks and Wildlife Code, to authorize
the director of the Texas Parks and Wildlife Department (TPWD) to suspend
or revoke an original or renewal permit or license if it is found after
notice and hearing, that the permittee or licensee is liable to the state
under Section 12.301. 

SECTION 2.  Amends the section heading to Section 12.506, Parks and
Wildlife Code, as follows: 

 Sec. 12.506.  New heading: APPEAL FROM SUSPENSION, REFUSAL, OR REVOCATION
OF LICENSE OR PERMIT. 

SECTION 3.  Amends Section 12.506(a), Parks and Wildlife Code, to authorize
an appeal from an order of TPWD refusing to issue or transfer a license or
permit or revoking or suspending a license or permit to be taken to a
district court of Travis County. 

SECTION 4.  Amends Chapter 12F, Parks and Wildlife Code, by adding Section
12.508, as follows: 

Sec.  12.508.  REFUSAL OF LICENSE OR PERMIT.  Defines "notice" and "finally
convicted."  Authorizes TPWD to refuse to issue or transfer an original or
renewal license, permit, or tag if the applicant or transferee has been
finally convicted of a violation under this code or a rule adopted or a
proclamation issued under this code, is liable to the state under Section
12.301, and has failed to pay the amount due under Section 12.301 after
TPWD has issued notice of liability to the applicant or transferee.
Provides that the contested case provisions of the Administrative Procedure
Act (Sections 2001.051-2001.178, Government Code) do not apply to the
refusal to issue, transfer, or renew a license, permit, or tag under this
section.  Makes application of this Act prospective.  Provides that this
subsection expires September 1, 2001. 

SECTION 5. Effective date: September 1, 1999.

 SECTION 6. Emergency clause.