By Uher                                               H.B. No. 3209
         77R8784 MXM-D                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to a provisional commercial shrimp boat license.
 1-3           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-4           SECTION 1. Subchapter C, Chapter 77, Parks and Wildlife Code,
 1-5     is amended by adding Section 77.038 to read as follows:
 1-6           Sec. 77.038.  EXCEPTION; PROVISIONAL COMMERCIAL SHRIMP BOAT
 1-7     LICENSE. (a)  This section applies to a person who does not hold a
 1-8     license issued under Section 77.035 but who is in compliance with
 1-9     this chapter and all other requirements for holding a license under
1-10     that section, including Section 77.0352.
1-11           (b)  A person to whom this section applies may, not later
1-12     than the third day after the date on which the person is notified
1-13     by the department that the person does not hold the license, apply
1-14     for a license under Section 77.035.  The department shall issue the
1-15     license if the person:
1-16                 (1)  pays a fee for the license two times what the
1-17     person would otherwise pay under Section 77.035; and
1-18                 (2)  complies with all other eligibility requirements
1-19     under Section 77.035.
1-20           (c)  A penalty under this chapter for failure to hold a
1-21     license under Section 77.035, including a penalty for a violation
1-22     of Section 77.011, does not apply to a person who obtains a license
1-23     under Subsection (b).
1-24           SECTION 2. (a)  The change in law made by Section 77.038,
 2-1     Parks and Wildlife Code, as added by this Act, applies only to a
 2-2     notice to a person that the person does not hold a license, that
 2-3     occurs on or after the effective date of this Act.
 2-4           (b)  An offense or other violation committed before the
 2-5     effective date of this Act is covered by the law in effect when the
 2-6     offense or violation was committed, and the former law is continued
 2-7     in effect for that purpose.  For purposes of this subsection, an
 2-8     offense or violation is committed before the effective date of this
 2-9     Act if any element of the offense or violation occurred before that
2-10     date.
2-11           SECTION 3.  This Act takes effect immediately if it receives
2-12     a vote of two-thirds of all the members elected to each house, as
2-13     provided by Section 39, Article III, Texas Constitution.  If this
2-14     Act does not receive the vote necessary for immediate effect, this
2-15     Act takes effect September 1, 2001.