79R3468 KCR-F

By:  Estes                                                        S.B. No. 489



A BILL TO BE ENTITLED

AN ACT

relating to the license requirements of marine dealers, 
distributors, and manufacturers.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Section 31.003(7), Parks and Wildlife Code, is 
amended to read as follows:
		(7)  "Dealer" means a person 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].
	SECTION 2.  Section 31.041(a), Parks and Wildlife Code, is 
amended to read as follows:
	(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 and enters into a license 
agreement with the department.  A dealer must have a license for 
each place of business owned and operated by the person.
	SECTION 3.  Section 31.0412, Parks and Wildlife Code, is 
amended to read as follows:
	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 and license agreement 
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;                                           
		(6)  prescribing license requirements; and                             
		(7)  establishing license revocation and suspension 
procedures.      
	SECTION 4.  Section 31.007, Parks and Wildlife Code, is 
repealed.            
	SECTION 5.  This Act takes effect September 1, 2005.