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.