SRC-MWN H.B. 3209 77(R)   BILL ANALYSIS


Senate Research Center   H.B. 3209
77R14175 MXM-DBy: Uher (Brown, J.E. "Buster")
Natural Resources
5/11/2001
Engrossed


DIGEST AND PURPOSE 

Under current Texas law, if a person does not hold a commercial gulf shrimp
boat license (license) issued from the Parks and Wildlife Department
(department), that person's catch is subject to automatic confiscation by
the department. H.B. 3209 provides for the creation of a provisional
license to be issued by the Parks and Wildlife Commission to cover persons
who do not have the commercial gulf shrimp boat license if the criteria for
a license is met.  

RULEMAKING AUTHORITY

Rulemaking authority is expressly granted to the Parks and Wildlife
Commission in SECTION 3 (Section 77.038, Parks and Wildlife Code) of this
bill. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 77.020, Parks and Wildlife Code, by adding
Subsection (d), to provide that Section 12.109 and Chapter 12D, do not
apply to a violation of a rule adopted under this chapter related to the
display of a commercial shrimp boat license or a commercial shrimp boat's
documentation or registration number if another violation of this chapter
or a rule adopted under this chapter does not exist at the time of the
violation. 

SECTION 2.  Amends Section 77.0351, Parks and Wildlife Code, by adding
Subsection (e), to provide that Chapter 12D does not apply to a violation
of this section if another violation of this chapter or a rule adopted
under this chapter does not exist at the time of the violation. 

SECTION 3.  Amends Chapter 77C, Parks and Wildlife Code, by adding Section
77.038,  as follows: 

Sec. 77.038.  PROVISIONAL COMMERCIAL GULF SHRIMP BOAT LICENSE; RULES. (a)
Authorizes the Parks and Wildlife Commission (commission) by rule to
establish a provisional commercial gulf shrimp boat license to be issued
under this section to a person who does not hold a license issued under
Section 77.035 but who is in compliance with certain other requirements. 

(b)  Authorizes the rules adopted under Subsection (a) to prescribe the
requirements and circumstances under which a person may be issued the
license. 

(c)  Provides that if the commission decides to issue a provisional
commercial gulf shrimp boat license under this section, the fee for the
license is two times what the person would pay for a license issued under
Section 77.035. 

SECTION 4.  Effective date: September 1, 2001.