By Brown S.B. No. 1302
76R7307 WP-F
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to authority of Texas Parks and Wildlife department to
1-3 withhold licenses.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 12.501(b), Parks and Wildlife Code, is
1-6 amended to read as follows:
1-7 (b) The director may suspend or revoke an original or
1-8 renewal permit or license issued under this code if it is found,
1-9 after notice and hearing, that:
1-10 (1) the permittee or licensee has been finally
1-11 convicted of a violation of this code or proclamation or regulation
1-12 adopted under this code relating to the permit or license to be
1-13 suspended or revoked;
1-14 (2) the permittee or licensee violated a provision of
1-15 this code or proclamation or regulation adopted under this code
1-16 relating to the permit or license to be suspended or revoked;
1-17 (3) the permittee or licensee made a false or
1-18 misleading statement in connection with his original or renewal
1-19 application, either in the formal application itself or in any
1-20 other written instrument relating to the application submitted to
1-21 the commission or its officers or employees; [or]
1-22 (4) the permittee or licensee is indebted to the state
1-23 for taxes, fees, or payment of penalties imposed by this code or by
1-24 a commission rule relating to a permit or license to be suspended
2-1 or revoked; or
2-2 (5) the permittee or licensee is liable to the state
2-3 under Section 12.301.
2-4 SECTION 2. The section heading to Section 12.506, Parks and
2-5 Wildlife Code, is amended to read as follows:
2-6 Sec. 12.506. APPEAL FROM SUSPENSION, REFUSAL, OR REVOCATION
2-7 OF LICENSE OR PERMIT.
2-8 SECTION 3. Section 12.506(a), Parks and Wildlife Code, is
2-9 amended to read as follows:
2-10 (a) An appeal from an order of the department refusing to
2-11 issue or transfer a license or permit or revoking or suspending a
2-12 license or permit may be taken to a district court of Travis
2-13 County.
2-14 SECTION 4. Subchapter F, Chapter 12, Parks and Wildlife
2-15 Code, is amended by adding Section 12.508 to read as follows:
2-16 Sec. 12.508. REFUSAL OF LICENSE OR PERMIT. (a) In this
2-17 section:
2-18 (1) "Notice" includes a letter sent from the
2-19 department by the U.S. Postal Service to the applicant at the last
2-20 address supplied to the department by the applicant or verbal
2-21 notice to the applicant by a representative of the department.
2-22 (2) "Finally convicted" includes a final judgment of
2-23 guilt, deferred adjudication, a plea of nolo contendere, or a plea
2-24 of guilty.
2-25 (b) The department may refuse to issue or transfer an
2-26 original or renewal license, permit, or tag if the applicant or
2-27 transferee:
3-1 (1) has been finally convicted of a violation under
3-2 this code or a rule adopted or a proclamation issued under this
3-3 code;
3-4 (2) is liable to the state under Section 12.301; and
3-5 (3) has failed to fully pay the amount due under
3-6 Section 12.301 after the department has issued notice of liability
3-7 to the applicant or transferee.
3-8 (c) The contested case provisions of the Administrative
3-9 Procedure Act (Sections 2001.051-2001.178, Government Code) do not
3-10 apply to the refusal to issue, transfer, or renew a license,
3-11 permit, or tag under this section.
3-12 (d) This section does not apply to a person who incurred
3-13 liability to the state under Section 12.301 before September 1,
3-14 1999. This subsection expires September 1, 2001.
3-15 SECTION 5. This Act takes effect September 1, 1999.
3-16 SECTION 6. The importance of this legislation and the
3-17 crowded condition of the calendars in both houses create an
3-18 emergency and an imperative public necessity that the
3-19 constitutional rule requiring bills to be read on three several
3-20 days in each house be suspended, and this rule is hereby suspended.