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.