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 Texas' freshwater hatcheries are outdated and dilapidated and can no longer operate to meet the needs of sportsmen who frequent state waters.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.