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.