77R14175 MXM-D                           
         By Uher                                               H.B. No. 3209
         Substitute the following for H.B. No. 3209:
         By Jones of Bexar                                 C.S.H.B. No. 3209
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to a provisional commercial gulf shrimp boat license.
 1-3           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-4           SECTION 1. Section 77.020, Parks and Wildlife Code, is
 1-5     amended by adding Subsection (d) to read as follows:
 1-6           (d)  Section 12.109 and Subchapter D, Chapter 12, do not
 1-7     apply to a violation of a rule adopted under this chapter related
 1-8     to the display of a commercial shrimp boat license or a commercial
 1-9     shrimp boat's documentation or registration number if another
1-10     violation of this chapter or a rule adopted under this chapter does
1-11     not exist at the time of the violation.
1-12           SECTION 2.  Section 77.0351, Parks and Wildlife Code, is
1-13     amended by adding Subsection (e) to read as follows:
1-14           (e)  Subchapter D, Chapter 12, does not apply to a violation
1-15     of this section if another violation of this chapter or a rule
1-16     adopted under this chapter does not exist at the time of the
1-17     violation.
1-18           SECTION 3.  Subchapter C, Chapter 77, Parks and Wildlife
1-19     Code, is amended by adding Section 77.038 to read as follows:
1-20           Sec. 77.038.  PROVISIONAL COMMERCIAL GULF SHRIMP BOAT
1-21     LICENSE; RULES. (a)  The commission by rule may establish a
1-22     provisional commercial gulf shrimp boat license to be issued under
1-23     this section to a person who does not hold a license issued under
1-24     Section 77.035 but who is in compliance with:
 2-1                 (1)  this chapter;
 2-2                 (2)  a proclamation issued under this chapter; and
 2-3                 (3)  all other requirements for holding a license under
 2-4     Section 77.035, including Section 77.0352.
 2-5           (b)  The rules adopted under Subsection (a) may prescribe the
 2-6     requirements and circumstances under which a person may be issued
 2-7     the license.
 2-8           (c)  If the commission decides to issue a provisional
 2-9     commercial gulf shrimp boat license under this section, the fee for
2-10     the license is two times what the person would pay for a license
2-11     issued under Section 77.035.
2-12           SECTION 4. This Act takes effect September 1, 2001.