S.B. 608 78(R)BILL ANALYSIS


S.B. 608
By: Janek
State Cultural and Recreational Resources
Committee Report (Unamended)



BACKGROUND AND PURPOSE 

Currently, states bordering Texas have a higher fee for nonresident
fishing guide licenses, than does Texas. S.B. 608 authorizes the Texas
Parks and Wildlife Commission to create a nonresident fishing guide
license as well as to create separate coastal and inland resident or
nonresident guide licenses. This bill makes out-of-state fishing guide
licenses in Texas corollary to those of surrounding states. 

RULEMAKING AUTHORITY

It is the committee's opinion that rulemaking authority is expressly
granted to the Texas Parks & Wildlife Commission in SECTION 2 (Section
47.004, Parks and Wildlife Code) and SECTION 3 (Section 47.005, Parks and
Wildlife Code) of this bill. 

SECTION BY SECTION ANALYSIS
 
SECTION 1.  Amends Section 47.001(6), Parks and Wildlife Code, to redefine
"fishing guide." 

SECTION 2.  Amends Section 47.004, Parks and Wildlife Code, as follows

Sec. 47.004.  New heading: RESIDENT FISHING GUIDE LICENSE.  (a)  Prohibits
a resident, rather than a person, from engaging in business as a fishing
guide unless the resident, rather than the person, has obtained a resident
fishing guide license. 

(b)  Authorizes the Parks and Wildlife Commission (commission) to adopt
rules governing the issuance and use of resident fishing guide license,
including rules creating separate resident fishing guide licenses for use
in saltwater and freshwater.  

SECTION 3.  Amends Subchapter A, Chapter 47, Parks and Wildlife Code, by
adding Section 47.005, as follows: 

Sec.  47.005.  NONRESIDENT FISHING GUIDE LICENSE.  (a) Prohibits a
nonresident from engaging in business as a  fishing guide unless the
nonresident has obtained a nonresident fishing guide license. 

(b) Authorizes the commission to adopt rules governing the issuance and
use of a nonresident fishing guide license, including rules creating
separate nonresident fishing guide licenses for use in saltwater and
freshwater. 
  
SECTION 4.  Amends Subchapter A, Chapter 47, Parks and Wildlife Code, by
adding Section 47.006, as follows: 

Sec.  47.006.  LICENSE FEE.  Provides that the license fee for resident,
nonresident, freshwater and saltwater guides is $75 or an amount for each
guide type set separately by the commission, whichever is more. 

EFFECTIVE DATE
September 1, 2003