HBA-BSM C.S.H.B. 3209 77(R)    BILL ANALYSIS


Office of House Bill AnalysisC.S.H.B. 3209
By: Uher
State Recreational Resources
5/3/2001
Committee Report (Substituted)


BACKGROUND 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 is subject to having their catch automatically
confiscated by the department.  C.S.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

It is the opinion of the Office of House Bill Analysis that rulemaking
authority is expressly delegated to the Parks and Wildlife Commission in
SECTION 3 (Section 77.038, Parks and Wildlife Code) of this bill. 

ANALYSIS

C.S.H.B. 3209 amends the Parks and Wildlife Code to authorize the Parks and
Wildlife Commission (commission) to establish by rule a provisional
commercial gulf shrimp boat licence to be issued to a person who does not
hold  a licence but is in compliance with current requirements.  The bill
also provides that if the commission decides to issue a provisional
commercial gulf shrimp boat licence, the fee for the licence is two times
what the person would pay for a licence under normal circumstances.   

The bill provides that provisions regarding confiscation and disposition of
aquatic products and recovery by the state for value do not apply to a
violation of a rule adopted regarding the display of a commercial shrimp
boat license on a commercial shrimp boat's documentation or registration
number if another violation does not exist at the time of the violation.
Provisions regarding recovery by the state for value do not apply to a
violation relating to a commercial shrimp boat captain's license if another
violation does not exist at that time. 

EFFECTIVE DATE

September 1, 2001.

COMPARISON OF ORIGINAL TO SUBSTITUTE

C.S.H.B. 3209 differs from the original bill by authorizing the Parks and
Wildlife Commission to establish rules regarding the issuance of a
provisional commercial gulf shrimp boat licence and gives the commission
discretion over issuance of the licence, whereas the original bill required
the Parks and Wildlife Department (department) to issue the license if the
person paid a license fee two times higher than the regular license fee and
complies with all other eligibility requirements.  The substitute removes
the provision  that a person who obtains a license after notification from
the department is not subject to penalties for commercial gulf shrimp boat
license violations.  The substitute sets forth provisions regarding
exemptions from provisions regarding confiscation and disposition of
aquatic products and recovery by the state for violations of provisions
regarding shrimp licenses under certain circumstances.  The substitute also
modifies the effective date.