C.S.H.B. 1989 78(R) BILL ANALYSIS


C.S.H.B. 1989
By: Ellis
State Cultural and Recreational Resources
Committee Report (Substituted)



BACKGROUND AND PURPOSE 

Texas rivers and lakes provide some of the best sport fishing in the
country.  Fishing in Texas is an industry that brings millions of dollars
to the state every year and it is the preferred means of recreation for
thousands of Texans across the state.  With a rapidly growing population
comes an increase in fishermen and in turn a further strain on the state's
resources.  In order for Texas to provide a solid and up to date
management program to assure Texas fishermen an ample supply of fish, for
both game and sustenance, Texas Parks and Wildlife Department (TPWD)
requires further funding.  Currently, TPWD is responsible for breeding
bass and other freshwater fish to stock state waters.  Texas' freshwater
hatcheries are outdated and dilapidated and can no longer operate to meet
the needs of sportsmen who frequent state waters.  It is crucial to the
fishing industry that game fish such as bass, which attract more fishermen
to Texas than any other fish,  continue to flourish in numbers large
enough to provide for the economic success of the industry. CSHB 1989 will
provide the funding that is necessary to repair, construct, renovate, and
maintain hatcheries across the state.  In order to generate these funds a
five dollar freshwater fishing stamp will be created and will be required
to fish any freshwater body in Texas according to TPWD regulations.  Along
with the creation of the freshwater stamp the freshwater trout stamp and
muzzle loader stamp will be dissolved.  By repealing these stamps no
aspect of their hunting season or activity will be altered. 

RULEMAKING AUTHORITY

It is the committee's opinion that rulemaking authority is expressly
granted to the Parks and Wildlife Commission in SECTION 1 (Sections
43.802, 43.804, 43.806, Parks and Wildlife Code) of this bill. 

ANALYSIS

CSHB 1989 creates Subchapter U, Freshwater Fishing Stamp, in Chapter 43 of
the Parks and Wildlife Code. Under this subchapter, a five dollar
freshwater fishing stamp that will be required to fish in any freshwater
body in the state.  The stamp will be administered by Texas Parks and
Wildlife.  All funds generated from the sale of the stamp must be used for
the repair, maintenance, renovation, or replacement of freshwater fish
hatcheries across the state.  

CSHB 1989 provides a penalty of a class C misdemeanor for anyone who
refuses to display the stamp to any game management officer or peace
officer.  

CSHB 1989 repeals the freshwater trout stamp and the muzzleloader stamp.  

CSHB 1989 provides that Subchapter U of Chapter 43 of the Parks and
Wildlife Code will expire and the freshwater stamp will be dissolved on
September 1, 2014. 

EFFECTIVE DATE
     
September 1, 2004

COMPARISON OF ORIGINAL TO SUBSTITUTE

 CSHB 1989 eliminates the language on page 2 line 6, of the original bill,
that states "or an amount to be set by the commission, whichever is
greater." 

The original bill repeals Archery Stamps as provided by Subchapter I,
Chapter 43, Parks & Wildlife Code. CSHB 1989 removes the repeal of Archery
Stamps.