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By: Pickett (Senate Sponsor - Averitt) H.B. No. 3442
(In the Senate - Received from the House May 12, 2003;
May 12, 2003, read first time and referred to Committee on Finance;
May 24, 2003, reported adversely, with favorable Committee
Substitute by the following vote: Yeas 12, Nays 0; May 24, 2003,
sent to printer.)
COMMITTEE SUBSTITUTE FOR H.B. No. 3442 By: Averitt
A BILL TO BE ENTITLED
AN ACT
relating to certain expenditures and charges of certain
governmental entities.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. REDUCTION OF EXPENDITURES AND IMPOSITION OF
CHARGES GENERALLY. (a) This section applies to any state agency
that receives an appropriation under Article VI of the General
Appropriations Act.
(b) Notwithstanding any other statute of this state, each
state agency to which this section applies is authorized to reduce
or recover expenditures by:
(1) consolidating any reports or publications the
agency is required to make and filing or delivering any of those
reports or publications exclusively by electronic means;
(2) extending the effective period of any license,
permit, or registration the agency grants or administers;
(3) entering into a contract with another governmental
entity or with a private vendor to carry out any of the agency's
duties;
(4) adopting additional eligibility requirements for
persons who receive benefits under any law the agency administers
to ensure that those benefits are received by the most deserving
persons consistent with the purposes for which the benefits are
provided; and
(5) providing that any communication between the
agency and another person and any document required to be delivered
to or by the agency, including any application, notice, billing
statement, receipt, or certificate, may be made or delivered by
electronic mail or through the Internet.
SECTION 2. TEXAS ANIMAL HEALTH COMMISSION; DUTIES REGARDING
RIDING STABLES. (a) The Texas Animal Health Commission shall
reduce its expenditures of state money related to regulating equine
riding stables.
(b) Chapter 2053, Occupations Code, is repealed.
SECTION 3. ADMINISTRATIVE HEARINGS OF RAILROAD COMMISSION
OF TEXAS. Section 102.006, Utilities Code, is amended to read as
follows:
Sec. 102.006. [POWERS AND DUTIES OF STATE OFFICE OF]
ADMINISTRATIVE HEARINGS IN CONTESTED CASES. (a) The railroad
commission by rule shall provide for administrative hearings in
contested cases to be conducted by one or more members of the
railroad commission, by railroad commission hearings examiners, or
by the [The] utility division of the State Office of Administrative
Hearings. The rules must provide for a railroad commission
hearings examiner or the utility division of the State Office of
Administrative Hearings to [shall] conduct each hearing in a
contested case that is not conducted by one or more members of the
railroad commission. A hearing must be conducted in accordance
with the rules and procedures adopted by the railroad commission.
(b) The railroad commission may delegate to a railroad
commission hearings examiner or to the utility division of the
State Office of Administrative Hearings the authority to make a
final decision and to issue findings of fact, conclusions of law,
and other necessary orders in a proceeding in which there is not a
contested issue of fact or law.
(c) The railroad commission by rule shall define the
procedures by which it delegates final decision-making authority
under Subsection (b) to a railroad commission hearings examiner or
to the utility division of the State Office of Administrative
Hearings.
(d) For purposes of judicial review, the [an administrative
law judge's] final decision of a railroad commission hearings
examiner or an administrative law judge of the State Office of
Administrative Hearings in a matter delegated under Subsection (b)
has the same effect as a final decision of the railroad commission
unless a member of the commission requests formal review of the
decision.
(e) The State Office of Administrative Hearings shall
charge the railroad commission a fixed annual rate for hearings
conducted by the office under this section only if the legislature
appropriates money for that purpose. If the legislature does not
appropriate money for the payment of a fixed annual rate under this
section, the State Office of Administrative Hearings shall charge
the railroad commission an hourly rate of not more than $90 per hour
for hearings conducted by the office under this section.
SECTION 4. TEXAS DEPARTMENT OF AGRICULTURE. (a) Section
146.021, Agriculture Code, is amended to read as follows:
Sec. 146.021. DEPARTMENT FACILITIES. The department may
receive and hold for processing animals transported in
international trade and may establish and collect reasonable fees
for yardage, maintenance, feed, medical care, and other necessary
expenses incurred in the course of processing those animals.
Notwithstanding any other law, the department may use any portion
of fees collected under this section that remains after spending
the proceeds of the fees to meet other necessary expenses incurred
under this section for expenses related to maintenance of or
repairs to department facilities.
(b) Section 13.101(a), Agriculture Code, is amended to read
as follows:
(a) At least once every four [three] years, or more often as
required by the department, a weight or measure shall be inspected
and tested for correctness by a sealer if it:
(1) is kept for sale, sold, or used by a proprietor,
agent, lessee, or employee in proving the weight or measure,
including the size, quantity, extent, or area, of any item; or
(2) is purchased, offered, or submitted by a
proprietor, agent, lessee, or employee for sale, hire, or award.
(c) Section 9(d), Chapter 1033, Acts of the 71st
Legislature, Regular Session, 1989 (Article 8614, Vernon's Texas
Civil Statutes), is repealed.
(d) This section takes effect September 1, 2003.
SECTION 5. ANIMAL HEALTH COMMISSION. (a) Subchapter C,
Chapter 161, Agriculture Code, is amended by adding Section 161.060
to read as follows:
Sec. 161.060. INSPECTION FEES. The commission may charge a
fee, as provided by commission rule, for an inspection made by the
commission.
(b) This section takes effect September 1, 2003.
SECTION 6. GENERAL LAND OFFICE OIL SPILL RECOVERY. (a)
Sections 40.155(a), (c), and (d), Natural Resources Code, are
amended to read as follows:
(a) Except as otherwise provided in this section, the rate
of the fee shall be two cents per barrel of crude oil until the
commissioner certifies that the unencumbered balance in the fund
has reached $40 [$25] million. The commissioner shall certify to
the comptroller the date on which the unencumbered balance in the
fund exceeds $40 [$25] million. The fee shall not be collected or
required to be paid on or after the first day of the second month
following the commissioner's certification to the comptroller that
the unencumbered balance in the fund exceeds $40 [$25] million.
(c) Notwithstanding the provisions of Subsection (a) or (b)
of this section, the fee shall be levied at the rate of four cents
per barrel if the commissioner certifies to the comptroller a
written finding of the following facts:
(1) the unencumbered balance in the fund is less than
$40 [$25] million;
(2) an unauthorized discharge of oil in excess of
100,000 gallons has occurred within the previous 30 days; and
(3) expenditures from the fund for response costs and
damages are expected to deplete the fund substantially.
(d) In the event of a certification to the comptroller under
Subsection (c) of this section, the comptroller shall collect the
fee at the rate of four cents per barrel until the unencumbered
balance in the fund reaches $40 [$25] million or any lesser amount
that the commissioner determines is necessary to pay response costs
and damages without substantially depleting the fund. The
commissioner shall certify to the comptroller the date on which the
unencumbered balance in the fund exceeds $40 [$25] million or such
other lesser amount. The fee shall not be collected or required to
be paid on or after the first day of the second month following the
commissioner's certification to the comptroller.
(b) This section takes effect September 1, 2003.
SECTION 7. TEXAS COMMISSION ON ENVIRONMENTAL QUALITY. (a)
Section 5.701, Water Code, is amended by adding Subsection (r) to
read as follows:
(r) The fee for processing a request for an expedited letter
from the executive director stating the total depth of surface
casing needed during the drilling of wells to protect usable ground
waters in the state and required for the processing of certain
permits from the Railroad Commission of Texas may not exceed $75.
(b) Section 26.351(f), Water Code, is amended to read as
follows:
(f) The person performing corrective action under this
section, if the release was reported to the commission on or before
December 22, 1998, shall meet the following deadlines:
(1) a complete site assessment and risk assessment
(including, but not limited to, risk-based criteria for
establishing target concentrations), as determined by the
executive director, must be received by the agency no later than
September 1, 2002;
(2) a complete corrective action plan, as determined
by the executive director and including, but not limited to,
completion of pilot studies and recommendation of a cost-effective
and technically appropriate remediation methodology, must be
received by the agency no later than September 1, 2003. The person
may, in lieu of this requirement, submit by this same deadline a
demonstration that a corrective action plan is not required for the
site in question under commission rules. Such demonstration must
be to the executive director's satisfaction;
(3) for those sites found under Subdivision (2) to
require a corrective action plan, that plan must be initiated and
proceeding according to the requirements and deadlines in the
approved plan no later than March 1, 2005 [2004];
(4) for sites which require either a corrective action
plan or groundwater monitoring, a comprehensive and accurate annual
status report concerning those activities must be submitted to the
agency;
(5) for sites which require either a corrective action
plan or groundwater monitoring, all deadlines set by the executive
director concerning the corrective action plan or approved
groundwater monitoring plan shall be met; and
(6) site closure requests for all sites where the
executive director agreed in writing that no corrective action plan
was required must be received by the agency no later than September
1, 2005. The request must be complete, as judged by the executive
director.
(c) Section 26.3573(r), Water Code, as added by Chapters 965
and 1135, Acts of the 77th Legislature, Regular Session, 2001, is
amended to read as follows:
(r) The petroleum storage tank remediation account may not
be used to reimburse any person for corrective action performed
after September 1, 2006 [2005].
(d) Section 26.3573(s), Water Code, as added by Chapters 965
and 1135, Acts of the 77th Legislature, Regular Session, 2001, is
amended to read as follows:
(s) The petroleum storage tank remediation account may not
be used to reimburse any person for corrective action contained in a
reimbursement claim filed with the commission after March 1, 2007
[2006].
(e) Section 26.35731(c), Water Code, is amended to read as
follows:
(c) Not later than the 90th day after the date on which the
commission receives a completed application for reimbursement from
the petroleum storage tank remediation account, the commission
shall send a fund payment report to the owner or operator of a
petroleum storage tank system that is seeking reimbursement, if
sufficient funds are available to make the payment.
(f) This section takes effect September 1, 2003.
SECTION 8. TEXAS PARKS AND WILDLIFE DEPARTMENT FEES. (a)
Section 11.032, Parks and Wildlife Code, is amended by amending
Subsection (b) and adding Subsection (c) to read as follows:
(b) The department shall deposit to the credit of the game,
fish, and water safety account all revenue, less allowable costs,
from the following sources:
(1) all types of fishing licenses and stamps and
shrimping licenses, except as provided by Section 77.120;
(2) all types of hunting licenses and stamps;
(3) trapping licenses and other licenses relating to
the taking, propagation, and sale of fur-bearing animals or their
pelts;
(4) sale of marl, sand, gravel, shell, and mudshell;
(5) oyster bed rentals and permits;
(6) federal funds received for fish and wildlife
research, management, development and conservation, resource
protection, and law enforcement, unless the funds are received for
the specific purposes of Subchapter F, Chapter 77;
(7) sale of property, less advertising costs,
purchased from this account or a special fund or account that is now
part of this account;
(8) fines and penalties collected for violations of a
law pertaining to the protection and conservation of wild birds,
wild fowl, wild animals, fish, shrimp, oysters, game birds and
animals, fur-bearing animals, alligators, and any other wildlife
resources of this state;
(9) sale of rough fish by the department;
(10) fees for importation permits;
(11) fees from supplying fish for or placing fish in
water located on private property;
(12) sale of seized pelts;
(13) sale or lease of grazing rights to and the
products from game preserves, sanctuaries, and management areas;
(14) contracts for the removal of fur-bearing animals
and reptiles from wildlife management areas;
(15) vessel [motorboat] registration fees;
(16) vessel [motorboat] manufacturer or dealer
licensing fees [registration fee];
(17) fines or penalties imposed by a court for
violation of water safety laws contained in Chapter 31 of this code;
(18) alligator hunter's or alligator buyer's licenses;
(19) sale of alligators or any part of an alligator by
the department;
(20) fees and revenue collected under Section
11.027(b) or (c) of this code that are associated with the
conservation of fish and wildlife; [and]
(21) any other source provided by law; and
(22) vessel and outboard motor titling fees.
(c) Not later than the 10th day of each month the department
shall transfer 15 percent of all amounts collected during the
previous month from sources described by Subsection (b)(15), (16),
or (22) to the state parks account.
(b) This section takes effect September 1, 2003.
SECTION 9. TEXAS PARKS AND WILDLIFE DEPARTMENT REGULATION
OF MARINE BUSINESSES. (a) Section 31.003, Parks and Wildlife Code,
is amended by amending Subdivision (7) and adding Subdivision (16)
to read as follows:
(7) "Dealer" means a person [customarily] engaged in
the business of buying, selling, selling on consignment, displaying
for sale, or exchanging at least five vessels, motorboats, or
outboard motors during a calendar year at an established or
permanent place of business in this state [and that at each place of
business there is a sign conspicuously displayed showing the name
of the dealership so that it may be located by the public and
sufficient space to maintain an office, service area, and display
of products].
(16) "Distributor" means a person who offers for sale,
sells, or processes for distribution new boats or outboard motors
to dealers in this state.
(b) Subchapter A, Chapter 31, Parks and Wildlife Code, is
amended by adding Section 31.007 to read as follows:
Sec. 31.007. DEALER REQUIREMENTS. A dealer shall:
(1) display in each of the dealer's places of business
a sign that:
(A) is conspicuous to the public; and
(B) shows the name of the dealership; and
(2) operate in a space sufficient to maintain an
office, service area, and display of products.
(c) Section 31.021, Parks and Wildlife Code, is amended to
read as follows:
Sec. 31.021. REQUIRED NUMBERING. (a) Each [undocumented]
vessel on the water of this state shall be numbered in accordance
with the provisions of this chapter unless specifically exempted.
The numbering system shall be in accord with the Federal Boating Act
of 1958 and subsequent federal legislation.
(b) No person may operate or give permission for the
operation of any vessel or may dock, moor, or store a vessel owned
by the person on the water of this state unless:
(1) the vessel is numbered as required by this
chapter;
(2) the certificate of number awarded to the vessel is
in full force and effect; and
(3) the identifying number set forth in the
certificate is properly displayed on each side of the bow of the
vessel as required by this chapter.
(d) Section 31.032, Parks and Wildlife Code, is amended to
read as follows:
Sec. 31.032. NUMBERING ON BOW. (a) The owner of a vessel
shall paint on or attach to each side of the vessel near the bow the
identification number and a validation decal in the manner
prescribed by the department. The number shall read from left to
right and shall be of block characters of good proportion of not
less than three inches in height. The numbers shall be of a color
which will contrast with the hull material of the vessel and so
maintained as to be clearly visible and legible.
(b) The owner of a vessel required to be numbered under this
subchapter and documented by the United States Coast Guard is not
required to attach an identification number as required by
Subsection (a).
(c) The commission shall adopt rules for the placement of
the validation decal in an alternate location for antique boats. In
this subsection, "antique boat" means a boat that:
(1) is used primarily for recreational purposes; and
(2) was manufactured before 1968.
(e) Section 31.039, Parks and Wildlife Code, is amended to
read as follows:
Sec. 31.039. PUBLIC RECORDS; FEES. (a) All ownership
records of the department made or kept under this chapter are public
records.
(b) The commission may by rule charge a fee for access to
ownership records and other records made or kept under this
chapter.
(f) Section 31.041, Parks and Wildlife Code, is amended to
read as follows:
Sec. 31.041. DEALER'S, DISTRIBUTOR'S, AND MANUFACTURER'S
LICENSE [NUMBER]. (a) A person may not engage in business in this
state as a dealer, distributor, or manufacturer unless the person
holds a license issued under this section. A dealer must have a
license for each place of business owned and operated by the person.
(b) The commission shall establish the form and manner for
display of a license issued under this section.
(c) The department shall issue a dealer, distributor, or
manufacturer number to each dealer, distributor, or manufacturer
licensed under this section in the manner provided by Section
31.031(b).
(d) A dealer, distributor, or manufacturer of vessels in
this state may use the [obtain a] dealer's, distributor's, or [and]
manufacturer's number for vessels the dealer, distributor, or
manufacturer wishes to show, demonstrate, or test on the water of
this state instead of securing a certificate of number for each
vessel. The number shall be attached to any vessel that the dealer,
distributor, or manufacturer sends temporarily on the water. For
purposes of this subsection, "show, demonstrate, or test" does not
include the use of a vessel for recreational purposes or for
participation in a contest or event.
(e) [(b)] The application for a license under this section
[number] must state that the applicant is a dealer, distributor, or
manufacturer within the meaning of this chapter, and the facts
stated on the application must be sworn before an officer
authorized to administer oaths. An [The] application submitted by
a dealer must be accompanied by photographs of the business
sufficient to show any sign the business is required to display and
the extent of the space the business is required to maintain. The
application must also be accompanied by a copy of the tax permit of
the dealer, distributor, or manufacturer issued by the comptroller
under Chapter 151, Tax Code, if the dealer, distributor, or
manufacturer has a tax permit. The two-year fee for a dealer's,
distributor's, or [and] manufacturer's number is $500 [$45 or an
amount set by the commission, whichever amount is more]. A license
[No number] may not be issued until the provisions of this section
have been satisfied.
(f) [(c)] A dealer, distributor, or manufacturer holding a
dealer's, distributor's, or [and] manufacturer's license [number]
may issue a reasonable temporary facsimile of the number issued
under Subsection (c), which may be used by any authorized person. A
person purchasing a vessel may use the dealer's number for a period
not to exceed 15 days prior to filing an application for a
certificate of number. The form of the facsimile and the manner of
display of the number shall be prescribed by the department.
(g) [(d)] A dealer, distributor, or manufacturer holding a
dealer's, distributor's, or [and] manufacturer's license [number]
may transfer a certificate of number or a certificate of title to a
vessel or outboard motor without securing a certificate of number
or certificate of title in the dealer's, distributor's, or
manufacturer's name if the vessel or outboard motor is sold in the
normal course of the dealer's, distributor's, or manufacturer's
business. [Any other person transferring a vessel or outboard
motor must secure a certificate of number or certificate of title in
the person's name before transferring the certificate of number or
the certificate of title.]
(g) Subchapter B, Chapter 31, Parks and Wildlife Code, is
amended by adding Sections 31.0411, 31.0412, and 31.0413 to read as
follows:
Sec. 31.0411. TERM OF LICENSE; TRANSFER. (a) Except as
provided by Subsection (b), a license issued under Section 31.041:
(1) is valid for two years from the date of issuance;
and
(2) may not be transferred to another person.
(b) A license issued under Section 31.041 in the name of a
business remains valid for the business location specified on the
license if a change of ownership or business name occurs.
(c) A license issued under Section 31.041 may be transferred
to a new address if:
(1) a business moves to another location; and
(2) a change of ownership has not occurred.
Sec. 31.0412. LICENSING RULES. The commission may adopt
rules regarding licenses issued under Section 31.041, including
rules:
(1) regarding license transfer procedures;
(2) prescribing application forms;
(3) regarding application and renewal procedures;
(4) prescribing reporting and recordkeeping
requirements for license holders; and
(5) setting fees to be charged for:
(A) a transferred license; or
(B) a replacement license.
Sec. 31.0413. EXEMPTION FROM DEALER LICENSING
REQUIREMENTS. The dealer licensing provisions of this subchapter
do not apply to the sale of a canoe, kayak, punt, rowboat, rubber
raft, paddleboat, or other vessel that is less than 12 feet in
length and has a horsepower rating of five horsepower or less or to
the sale of an outboard motor with a manufacturer's rating of five
horsepower or less.
(h) Section 31.042(b), Parks and Wildlife Code, is amended
to read as follows:
(b) Causes for cancellation of certificates and voiding of
numbers include:
(1) surrender of the certificate for cancellation;
(2) issuance of a new number for the same vessel;
(3) [issuance of a marine document by the Bureau of
Customs for the same vessel;
[(4)] false or fraudulent certification in an
application for number;
(4) [(5)] failure to pay the prescribed fee; and
(5) [(6)] dismantling, destruction, or other change
in the form or character of the vessel or outboard motor so that it
is no longer correctly described in the certificate or it no longer
meets the definition of a vessel or outboard motor.
(i) Subchapter B, Chapter 31, Parks and Wildlife Code, is
amended by adding Section 31.044 to read as follows:
Sec. 31.044. INSPECTIONS. A dealer, distributor, or
manufacturer may not refuse to allow the department or a peace
officer to inspect a vessel, outboard motor, or records relating to
the possession, origination, ownership, or transfer of a vessel or
outboard motor at a dealership or distributor's or manufacturer's
place of business during normal business hours.
(j) Subchapter B-1, Chapter 31, Parks and Wildlife Code, is
amended by adding Section 31.0465 to read as follows:
Sec. 31.0465. APPEAL REGARDING CERTIFICATE OF TITLE; BOND;
RULES. (a) An applicant for a certificate of title under Section
31.046 may appeal the department's refusal to issue the title by
filing a bond with the department as provided by this section.
(b) A bond filed under this section must be:
(1) in the form prescribed by the department;
(2) executed by the applicant;
(3) issued by a person authorized to act as a surety
business in this state;
(4) in an amount equal to 1-1/2 times the value of the
vessel or outboard motor as determined by the department; and
(5) conditioned to indemnify all prior owners and
lienholders and all subsequent purchasers of the vessel or outboard
motor or persons who acquire a security interest in the vessel or
outboard motor, and their successors in interest, against any
expense, loss, or damage, including reasonable attorney's fees,
resulting from:
(A) the issuance of the certificate of title for
the vessel or outboard motor; or
(B) a defect in or undisclosed security interest
in the right, title, or interest of the applicant to or in the
vessel or outboard motor.
(c) The department may issue the certificate of title to the
person filing the bond if the applicant proves to the satisfaction
of the department that:
(1) the vessel or outboard motor is not stolen; and
(2) issuance of a certificate of title would not
defraud the owner or a lienholder of the vessel or outboard motor.
(d) A person described by Subsection (b)(5) has a right of
action to recover on the bond for a breach of a condition of the bond
described by Subsection (b)(5). The aggregate liability of the
surety to all persons may not exceed the amount of the bond.
(e) A bond filed under this section expires on the third
anniversary of the date the bond became effective. The department
shall return an expired bond to the person who filed the bond unless
the department has been notified of a pending action to recover on
the bond.
(f) On return of a bond under Subsection (e), the department
shall issue a certificate of title to the person to whom the bond is
returned.
(g) In addition to the situation described by Subsection
(c), the commission by rule may define acceptable situations in
which certificates of title may be issued after the filing of a bond
under this section.
(k) Section 31.049(c), Parks and Wildlife Code, is amended
to read as follows:
(c) If there is a lien on the vessel or outboard motor, the
original certificate of title shall be sent to the first
lienholder[, a duplicate original certificate shall be sent to the
owner,] and a copy shall be retained by the department.
(l) Section 31.053, Parks and Wildlife Code, is amended by
adding Subsection (f) to read as follows:
(f) A person who is not licensed as a dealer, distributor,
or manufacturer under this chapter must obtain a certificate of
number or certificate of title to a vessel or outboard motor in the
person's name before transferring the certificate of number or
certificate of title.
(m) Section 31.127(a), Parks and Wildlife Code, is amended
to read as follows:
(a) A person who violates or fails to comply with any
provision of this chapter, or who violates or fails to comply with a
proclamation of the commission entered under this chapter or a city
ordinance or order of a commissioners court or a political
subdivision of the state made or entered under this chapter,
commits an offense that is a Class C Parks and Wildlife Code
misdemeanor.
(n) Not later than January 1, 2004, the Parks and Wildlife
Commission shall adopt any rules necessary to implement Subsections
(a)-(l) of this section.
(o) A person is not required to be licensed under Section
31.041, Parks and Wildlife Code, as amended by this section, until
March 1, 2004. Before that date, the person is governed by the law
as it existed immediately before the effective date of this
section, and that law is continued in effect for that purpose.
(p) This section takes effect September 1, 2003.
SECTION 10. TEXAS PARKS AND WILDLIFE DEPARTMENT: FRESHWATER
FISHING STAMP. (a) Chapter 43, Parks and Wildlife Code, is amended
by adding Subchapter U to read as follows:
SUBCHAPTER U. FRESHWATER FISHING STAMP
Sec. 43.801. DEFINITION. In this subchapter, "fresh water"
has the meaning provided by Section 66.001.
Sec. 43.802. FRESHWATER FISHING STAMP REQUIRED. (a)
Except as provided by Subsection (b) or (c), no person may engage in
fishing in fresh water for sporting purposes in this state unless
the person has acquired a freshwater fishing stamp issued to the
person by the department. The commission by rule may adopt
requirements relating to possessing a freshwater fishing stamp
required by this section.
(b) A person who is exempted from obtaining a fishing
license under Chapter 46 is not required to obtain a freshwater
fishing stamp.
(c) The commission by rule may exempt a person from the
freshwater fishing stamp requirement of this section.
Sec. 43.803. FISHING LICENSE REQUIRED. The acquisition of
a freshwater fishing stamp does not authorize a person to fish in
fresh water for sporting purposes without having acquired a fishing
license as provided by Chapter 46. The acquisition of a freshwater
fishing stamp does not authorize a person to fish at any time or by
any means not otherwise authorized by this code.
Sec. 43.804. DESIGN AND ISSUANCE OF STAMPS. (a) The
department may issue a freshwater fishing stamp to any person on the
payment to the department of $5. Except as provided by Subsection
(e), a stamp must be signed on its face by the person using it for
the stamp to be valid for fishing purposes.
(b) The department may issue a collectible freshwater
fishing stamp to any person on the payment to the department of $5.
A collectible freshwater fishing stamp does not authorize a person
to fish and is not valid for fishing purposes.
(c) The commission by rule shall prescribe the form, design,
and manner of issuance of the freshwater fishing stamp and the
collectible freshwater fishing stamp. The department retains all
reproduction rights to the design of the freshwater fishing stamp
and the collectible freshwater fishing stamp.
(d) The commission may contract with and pay a person for
designing and producing the freshwater fishing stamp or the
collectible freshwater fishing stamp.
(e) The commission by rule may prescribe alternate
requirements for identifying the purchaser of a freshwater fishing
stamp issued in an automated manner.
Sec. 43.805. DISPOSITION OF STAMP FEES. (a) After
deduction of any collection fee, the net receipts from freshwater
fishing stamp and collectable freshwater fishing stamp sales shall
be sent to the department.
(b) The net receipts from freshwater fishing stamp sales may
be spent only for:
(1) the repair, maintenance, renovation, or
replacement of freshwater fish hatcheries in this state; or
(2) the purchase of game fish that are stocked into the
public water of this state.
(c) The net receipts from collectible freshwater fishing
stamp sales may be spent only for the restoration, enhancement, or
management of freshwater fish habitats.
Sec. 43.806. EXPIRATION OF STAMP. (a) Except as provided
by Subsection (b) or (c), a freshwater fishing stamp is valid for
fishing only during the yearly period for which the stamp is issued,
without regard to the date on which the stamp is acquired. Each
yearly period begins on September 1 of the year in which the stamp
is issued or another date set by the commission and extends through
August 31 of the next year or another date set by the commission.
The commission by rule may set the amount of a stamp fee for a stamp
issued during a transition period at an amount lower than
prescribed in this subchapter and provide for a stamp term for a
transition period that is shorter or longer than one year.
(b) A freshwater fishing stamp issued before September 1 or
another date set by the commission that does not expire until August
31 of the next year or another date set by the commission is valid
from the date of issuance through August 31 of the next year or
another date set by the commission.
(c) A freshwater fishing stamp issued in conjunction with a
license issued under Section 46.005 or 46.0051 expires on the later
of the license expiration date or the date printed on the stamp.
Sec. 43.807. REFUSAL TO SHOW STAMP. A person fishing in
fresh water for sporting purposes who refuses on demand of any game
management officer or peace officer to show a freshwater fishing
stamp or proof that the person is exempt under Section 43.802(b) or
a rule adopted under that section is presumed to be in violation of
Section 43.802.
Sec. 43.808. PENALTY. A person who violates Section 43.802
is guilty of a Class C Parks and Wildlife Code misdemeanor.
Sec. 43.809. EXPIRATION OF SUBCHAPTER. This subchapter
expires September 1, 2014.
(b) Subchapters N and Q, Chapter 43, Parks and Wildlife
Code, are repealed.
(c) This section takes effect September 1, 2004.
SECTION 11. TRANSFER OF RAILROAD COMMISSION OF TEXAS
FUNCTIONS RELATED TO QUARRY AND PIT SAFETY. (a) On September 1,
2003:
(1) all powers, duties, functions, and activities
performed by the Railroad Commission of Texas under Chapter 133,
Natural Resources Code, immediately before that date are
transferred to the Texas Department of Transportation;
(2) all employees of the Railroad Commission of Texas
whose primary duties relate to the implementation of Chapter 133,
Natural Resources Code, become employees of the Texas Department of
Transportation;
(3) a rule, form, order, or procedure adopted by the
Railroad Commission of Texas for the implementation or enforcement
of Chapter 133, Natural Resources Code, is a rule, form, order, or
procedure of the Texas Department of Transportation and remains in
effect until changed by the Texas Department of Transportation;
(4) a reference in Chapter 133, Natural Resources
Code, to the Railroad Commission of Texas means the Texas
Department of Transportation;
(5) a permit or certification in effect under Chapter
133, Natural Resources Code, that was issued by the Railroad
Commission of Texas is continued in effect as a permit or
certification issued by the Texas Department of Transportation; and
(6) a complaint, investigation, or other proceeding
under Chapter 133, Natural Resources Code, pending before the
Railroad Commission of Texas is transferred without change in
status to the Texas Department of Transportation.
(b) This section takes effect September 1, 2003.
SECTION 12. RAILROAD COMMISSION OF TEXAS FUNCTIONS RELATED
TO RAILROAD SAFETY. (a) Article 6448a, Revised Statutes, is
amended to read as follows:
Art. 6448a. IMPLEMENTATION OF FEDERAL RAILROAD SAFETY ACT
OF 1970
Sec. 1. The Railroad Commission of Texas is hereby
authorized to perform any act and issue any rules and orders as
permitted by the Federal Railroad Safety Act of 1970 (45 U.S.C.A.
431 et seq.).
Sec. 2. (a) The Railroad Commission of Texas by rule shall
adopt reasonable fees to be assessed annually against railroads
operating within the state.
(b) The commission by rule shall establish the method by
which the fees are calculated and assessed.
(c) The total amount of fees estimated to be collected by
rules adopted by the commission under this section may not exceed
the amount estimated by the commission to be necessary to recover
the costs of administering the commission's rail safety program.
(d) In adopting a fee structure, the commission may consider
the gross ton miles for railroad operations within the State of
Texas for each railroad operating in the state to provide for the
equitable allocation among railroads of the cost of administering
the commission's rail safety program.
(e) A fee collected under this section shall be deposited to
the credit of the general revenue fund to be used for the rail
safety program.
(b) This section takes effect on September 1, 2003.
SECTION 13. RAILROAD COMMISSION OF TEXAS FUNCTIONS RELATED
TO PIPELINES. (a) Subchapter E, Chapter 121, Utilities Code, is
amended by adding Section 121.211 to read as follows:
Sec. 121.211. PIPELINE SAFETY FEES. (a) The railroad
commission by rule may adopt an inspection fee to be assessed
annually against operators of natural gas distribution pipelines
and their pipeline facilities and natural gas master metered
pipelines and their pipeline facilities subject to this chapter.
(b) The railroad commission by rule shall establish the
method by which the fee is calculated and assessed. In adopting a
fee structure, the railroad commission may consider any factors
necessary to provide for the equitable allocation among operators
of the costs of administering the railroad commission's pipeline
safety program under this chapter.
(c) The total amount of fees estimated to be collected under
rules adopted by the railroad commission under this section may not
exceed the amount estimated by the railroad commission to be
necessary to recover the costs of administering the railroad
commission's pipeline safety program under this chapter, excluding
costs that are fully funded by federal sources.
(d) The railroad commission may assess each investor-owned
and each municipally owned natural gas distribution system subject
to this chapter an annual inspection fee not to exceed 50 cents for
each service line reported by the system on the Distribution Annual
Report, Form RSPA F7100.1-1, due on March 15 of each year. The fee
is due March 15 of each year.
(e) The railroad commission may assess each operator of a
natural gas master metered system subject to this chapter an annual
inspection fee not to exceed $100 for each master metered system.
The fee is due June 30 of each year.
(f) The railroad commission may assess a late payment
penalty of 10 percent of the total assessment due under Subsection
(d) or (e) that is not paid within 30 days after the annual due date
established by the applicable subsection.
(g) Each investor-owned and municipally owned natural gas
distribution company and each natural gas master meter operator
shall recover as a surcharge to its existing rates the amounts paid
to the railroad commission under this section. Amounts collected
under this subsection by an investor-owned natural gas distribution
company shall not be included in the revenue or gross receipts of
the company for the purpose of calculating municipal franchise fees
or any tax imposed under Subchapter B, Chapter 182, Tax Code, or
under Chapter 122. Those amounts are not subject to a sales and use
tax imposed by Chapter 151, Tax Code, or Chapters 321 through 327,
Tax Code.
(h) A fee collected under this section shall be deposited to
the credit of the general revenue fund to be used for the pipeline
safety program.
(b) This section takes effect September 1, 2003.
SECTION 14. SOIL AND WATER CONSERVATION BOARD. (a) Section
201.011, Agriculture Code, is amended to read as follows:
Sec. 201.011. COMPOSITION. The State Soil and Water
Conservation Board is a state agency composed of seven [five]
members as follows:
(1) [, with] one member elected from each of the state
districts in accordance with this subchapter; and
(2) two members appointed by the governor, each of
whom is:
(A) actively engaged in the business of farming,
animal husbandry, or other business related to agriculture and who
wholly or partly owns or leases land used in connection with that
business; and
(B) not a member of the board of directors of a
conservation district.
(b) Section 201.015(b), Agriculture Code, is amended to
read as follows:
(b) The term of office of an elected [a] member of the state
board begins on the day after the day on which the member was
elected. The term of one member appointed by the governor expires
February 1 of each odd-numbered year, and the term of the other
member appointed by the governor expires February 1 of each
even-numbered year.
(c) Section 201.016, Agriculture Code, is amended to read as
follows:
Sec. 201.016. VACANCY. Vacancies on the state board for
state district positions are filled by election in the manner
provided by this subchapter for an unexpired term or for a full
term.
(d) Subchapter B, Chapter 201, Agriculture Code, is amended
by adding Sections 201.028 and 201.029 to read as follows:
Sec. 201.028. SEMIANNUAL REPORT. Not later than January 1
and July 1 of each year, the state board shall prepare and deliver a
report to the governor, the lieutenant governor, and the speaker of
the house of representatives relating to the status of the board's
budget areas of responsibility assigned to the board, including
outreach programs, grants made and received, federal funding
applied for and received, special projects, and oversight of water
conservation district activities.
Sec. 201.029. MANAGEMENT AUDIT. Not later than March 1,
2004, the state auditor, in coordination with the Legislative
Budget Board, shall conduct a management audit of the State Soil and
Water Conservation Board and deliver the audit report to the
governor, the lieutenant governor, and the speaker of the house of
representatives. The audit shall include an evaluation of the
administrative budget for the board. This section expires April 1,
2004.
(e) Sections 203.011-203.013, Agriculture Code, are amended
to read as follows:
Sec. 203.011. AUTHORITY OF BOARD. The board has
jurisdiction over and shall administer the brush control program
under this chapter with the assistance of local districts.
Sec. 203.012. RULES. The board shall adopt, after
consulting with local districts, reasonable rules that are
necessary to carry out this chapter.
Sec. 203.013. AUTHORITY OF DISTRICTS. Each district [in
which all or part of a critical area is located] may carry out the
responsibilities provided by Subchapter D of this code as delegated
by the board [in that critical area].
(f) Section 203.016, Agriculture Code, is amended to read as
follows:
Sec. 203.016. CONSULTATION. The board shall consult the
Texas Water Development Board and the Texas Department of
Agriculture in regard to the effects of the brush control program on
water quantity and with the Parks and Wildlife Department in regard
to the effects of the brush control program on fish and wildlife.
(g) Section 203.051, Agriculture Code, is amended to read as
follows:
Sec. 203.051. STATE PLAN. The board shall prepare and adopt
a state brush control plan that shall:
(1) include a comprehensive strategy for managing
brush in all areas of the state where brush is contributing to a
substantial water conservation problem; and
(2) rank [designate] areas [of critical need] in the
state in need of a [which to implement the] brush control program.
(h) Sections 203.052(b), (c), and (d), Agriculture Code,
are amended to read as follows:
(b) Not less than 30 days before the date the hearing is to
be held, the board shall mail written notice of the hearing to each
district in the state. The notice must:
(1) include the date and place for holding the
hearing;
(2) include instructions for each district to submit
comments on the proposed plan; and
(3) [must] state the purpose for holding the hearing.
(c) At the hearing, representatives of a district and any
other person may appear and present testimony including information
and suggestions for any changes in the proposed plan. The board
shall:
(1) enter any written comments received on the
proposed plan into the record of the hearing; and
(2) consider all written comments and testimony before
taking final action on the proposed plan.
(d) After the conclusion of the hearing, the board shall
consider the testimony including the information and suggestions
made at the hearing and in written comments. After [and, after]
making any changes in the proposed plan that it finds necessary, the
board shall adopt the plan.
(i) Section 203.053, Agriculture Code, is amended to read as
follows:
Sec. 203.053. CRITERIA FOR EVALUATING BRUSH CONTROL
[DESIGNATING CRITICAL] AREAS. (a) In ranking [designating
critical] areas under the plan, the board shall consider:
(1) the location of various brush infestations;
(2) the type and severity of [various] brush
infestations;
(3) the various management methods that may be used to
control brush; [and]
(4) any other criteria that the board considers
relevant to assure that the brush control program can be most
effectively, efficiently, and economically implemented; and
(5) the amount of water produced by a project and the
severity of water shortage in the areas.
(b) In ranking [designating critical] areas, the board
shall give priority to areas with the most critical water
conservation needs and in which brush control and revegetation
projects will be most likely to produce substantial water
conservation.
(j) Section 203.055, Agriculture Code, is amended to read as
follows:
Sec. 203.055. APPROVED METHODS FOR BRUSH CONTROL. (a) The
board shall study and must approve all methods used to control brush
under this Act considering the overall impact the project will have
[within critical areas].
(b) The board may approve a method for use under the
cost-sharing program provided by Subchapter E of this chapter if
the board finds that the proposed method:
(1) has proven to be an effective and efficient method
for controlling brush;
(2) is cost efficient;
(3) will have a beneficial impact on the development
of water sources and wildlife habitat;
(4) will maintain topsoil to prevent erosion or
silting of any river or stream; and
(5) will allow the revegetation of the area after the
brush is removed with plants that are beneficial to stream flows,
groundwater levels, livestock, and wildlife.
(k) Section 203.101, Agriculture Code, is amended to read as
follows:
Sec. 203.101. GENERAL AUTHORITY. Each district may
administer the aspects of the brush control program [within any
critical area] located within the jurisdiction of that district.
(l) Section 203.154, Agriculture Code, is amended by
amending Subsections (a) and (c) and by adding Subsection (d) to
read as follows:
(a) Not more than 70 [80] percent of the total cost of a
single brush control project may be made available as the state's
share in cost sharing.
(c) The board may grant an exception to Subsection (b) of
this section if the board finds that joint participation of the
state brush control program and any federal brush control program
will:
(1) enhance the efficiency and effectiveness of a
project; [and]
(2) lessen the state's financial commitment to the
project; and
(3) not exceed 80 percent of the total cost of the
project.
(d) A political subdivision of this state is eligible for
cost sharing under the brush control program as long as the state's
share does not exceed 50 percent of any one project.
(m) Sections 203.156-203.158, Agriculture Code, are amended
to read as follows:
Sec. 203.156. APPLICATION FOR COST SHARING. A person,
including a political subdivision of this state, who desires to
participate with the state in a brush control project and to obtain
cost-sharing participation by the state shall file an application
with the district board in the district in which the land on which
the project is to be accomplished is located. The application must
be in the form provided by board rules.
Sec. 203.157. CONSIDERATIONS IN PASSING ON APPLICATION. In
passing on an application for cost sharing, the board shall
consider:
(1) the location of [whether] the project [is to be
carried out in a critical area];
(2) the method of control that is to be used by the
project applicant;
(3) the plans for revegetation;
(4) the total cost of the project;
(5) the amount of land to be included in the project;
(6) whether the applicant for the project is
financially able to provide his share of the money for the project;
(7) the cost-share percentage, if an applicant agrees
to a higher degree of financial commitment;
(8) any comments and recommendations submitted by a
local district, the Texas Water Development Board, or [of] the
Parks and Wildlife Department; and
(9) any other pertinent information considered
necessary by the board.
Sec. 203.158. APPROVAL OF APPLICATION. The board may
approve an application if, after considering the factors listed in
Section 203.157 of this code and any other relevant factors, the
board finds:
(1) the owner of the land fully agrees to cooperate in
the project;
(2) the method of eradication is a method approved by
the board under Section 203.055 of this code; and
(3) the project ranks higher than other projects
submitted in accordance with [is to be carried out in a critical
area designated under] the board's plan.
(n) Sections 203.159(a) and (c), Agriculture Code, are
amended to read as follows:
(a) If the demand for funds under the cost-sharing program
is greater than funds available, the board shall [may] establish
priorities favoring the areas with the most critical water
conservation needs and projects that will be most likely to produce
substantial water conservation.
(c) The board shall consider quantity of stream flows, the
quantity of groundwater, and the amount of [land dedicated to the
project that will produce significant] water conservation from the
eradication of brush each to be [is] a priority.
(o) Sections 203.001(5) and 203.155, Agriculture Code, are
repealed.
(p) In making initial appointments to the State Soil and
Water Conservation Board under Section 201.011, Agriculture Code,
as amended by this section, the governor shall designate one member
to serve a term expiring February 1, 2004, and the other member to
serve a term expiring February 1, 2005.
(q) The State Soil and Water Conservation Board shall
prepare and deliver the first report required by Section 201.028,
Agriculture Code, as added by this section, not later than January
1, 2004.
(r) This section takes effect September 1, 2003.
SECTION 15. EFFECTIVE DATE. This Act takes effect
immediately if it receives a vote of two-thirds of all the members
elected to each house, as provided by Section 39, Article III, Texas
Constitution. If this Act does not receive the vote necessary for
immediate effect, this Act takes effect September 1, 2003.
* * * * *