H.R. No. 2912
 
 
R E S O L U T I O N
 
         BE IT RESOLVED by the House of Representatives of the State of
  Texas, 80th Legislature, Regular Session, 2007, That House Rule 13,
  Section 9(a), be suspended in part as provided by House Rule 13,
  Section 9(f), to enable the conference committee appointed to
  resolve the differences on House Bill No. 12, relating to parks,
  wildlife, hunting, and historic sites, the funding, powers, and
  duties of the Parks and Wildlife Department, the Parks and Wildlife
  Commission, and the Texas Historical Commission, and standards for
  certain state law enforcement officers, and providing a criminal
  penalty, to consider and take action on the following matters:
         (1)  House Rule 13, Section 9, is suspended to permit the
  committee to add Section 614.152(a), Government Code, to read as
  follows:
         (a)  Out of appropriated funds, each law enforcement agency
  shall adopt physical fitness standards that a law enforcement
  officer must meet to continue employment with the agency as a law
  enforcement officer. The standards as applied to an officer must
  directly relate to the officer's job duties.  A law enforcement
  agency shall use the services of a consultant to aid the agency in
  developing the standards.
         Explanation:  The change is necessary to require a law
  enforcement agency to use the services of a consultant to aid the
  agency in developing the standards.
         (2)  House Rule 13, Section 9, is suspended to permit the
  committee to amend Section 12.013, Parks and Wildlife Code, to read
  as follows:
         Sec. 12.013.  POWER TO TAKE WILDLIFE; FISH.  (a)  An employee
  of the department acting within the scope of the employee's
  authority may possess, take, transport, release, and manage any of
  the wildlife and fish in this state for investigation, propagation,
  distribution, education, disease diagnosis or prevention, or
  scientific purposes.
         (b)  A person who is not an employee of the department who is
  participating under the supervision of a department employee in a
  program or event designated by the director as being conducted for
  research or species propagation and as exempt from the normally
  applicable size or bag limits may possess, take, transport, or
  release any fish in this state to accomplish the intent of the
  program or event.
         Explanation:  The change is necessary to allow certain
  persons participating in a state program or event related to fish to
  possess, take, transport, or release any fish to accomplish the
  intent of the program or event.
         (3)  House Rule 13, Section 9, is suspended to permit the
  committee to amend Section 13.015, Parks and Wildlife Code, by
  amending Subsection (b) and adding Subsections (a-1), (a-2), (b-1),
  (b-2), and (b-3) to read as follows:
         (a-1) The commission may waive the park entrance fee for a
  person who is at least 70 years of age.  The commission may not waive
  the fee for use of a park facility, including a hook-up fee for
  electricity or water.
         (a-2) The department may promote visits and enhance revenue
  at parks, including amounts necessary for salaries, advertising,
  consumable supplies and materials, promotional products, fees, and
  related expenses.
         (b)  The department may operate or grant contracts to operate
  concessions in state parks or on causeways, beach drives, or other
  improvements in connection with state park sites.  The department
  may make regulations governing the granting or operating of
  concessions.  The department may establish and operate staff
  concessions, including salaries, consumable supplies and
  materials, operating expenses, rental and other equipment, and
  other capital outlays.
         (b-1)  The department may purchase products, including food
  items, for resale or rental at a profit.
         (b-2)  The department shall operate any resale concession
  program using standard business practice models to generate revenue
  and provide quality customer service while adhering to conservation
  principles.
         (b-3)  The department may recruit and select private service
  providers to enter into leased concession contracts with the
  department to provide necessary and appropriate visitor services.
         Explanation:  The change is necessary to expand and clarify
  the Parks and Wildlife Department's authority relating to
  concessions and admissions at state parks and other facilities
  operated and maintained by the department.
         (4)  House Rule 13, Section 9, is suspended to permit the
  committee to add Subchapter G, Chapter 31, Parks and Wildlife Code,
  to read as follows:
  SUBCHAPTER G. PARTY BOATS
         Sec. 31.171.  DEFINITIONS.  In this subchapter:
               (1)  "Licensed party boat operator" means a person
  issued a license by the department under this subchapter.
               (2)  "Party boat" means a vessel:
                     (A)  operated by the owner of the vessel or an
  employee of the owner; and
                     (B)  rented or leased by the owner for a group
  recreational event for more than six passengers.
         Sec. 31.172.  APPLICABILITY; EXCEPTION.  (a)  This
  subchapter applies only to a party boat that operates on the inland
  waters of this state.
         (b)  This subchapter does not apply to a boat that is less
  than 30 feet in length or to a sailboat.
         Sec. 31.173.  PARTY BOAT OPERATOR AND STAFF.  (a)  Except as
  provided by Subsection (c), the party boat owner shall provide
  staff members, including a licensed party boat operator, who:
               (1)  operate and staff the party boat for the duration
  of a rental or lease for a group recreational event as follows:
                     (A)  for a boat with not more than 25 passengers,
  one staff member who is an operator;
                     (B)  for a boat with at least 26 but not more than
  50 passengers, two staff members, including one operator; and
                     (C)  for a boat with more than 50 passengers,
  three staff members, including one operator; and
               (2)  have each successfully completed a boater safety
  course approved under this chapter.
         (b)  At least one staff member on the boat must be certified
  to conduct cardiopulmonary resuscitation.
         (c)  This section does not apply to a party boat rented or
  leased for an overnight or longer period for which the owner, or the
  owner's staff, does not intend to remain in constant possession,
  command, and control of the party boat.
         Sec. 31.174.  BOAT REQUIREMENTS.  A party boat:
               (1)  may not carry more than the maximum number of
  passengers the boat may safely accommodate as determined by the
  department on inspection;
               (2)  must have a direct and reliable communication
  connection to the land-based office of the owner and law
  enforcement and emergency services by cellular telephone or very
  high frequency radio; and
               (3)  must pass an annual water safety inspection
  conducted by the department or a person under contract with the
  department.
         Sec. 31.175.  PASSENGER SAFETY INFORMATION; INSURANCE.  (a)  
  The owner of a party boat shall provide each passenger with written
  and verbal safety information and require each passenger to sign a
  form acknowledging that the passenger reviewed and understands the
  information.
         (b)  The verbal and written safety information must disclose
  that no lifeguard is present on the party boat if there is not at
  least one staff member on the boat who is certified as a lifeguard
  by the American Red Cross, the American Lifeguard Association, or
  another comparable nationally recognized organization.
         (c)  The owner of a party boat must obtain at least a minimum
  amount of liability insurance from an insurer licensed to do
  business in this state.  The commission shall set the amount.
         Sec. 31.176.  PARTY BOAT OPERATOR LICENSE.  (a)  The
  commission by rule shall establish, as necessary to protect the
  public health and safety, the requirements and procedures for the
  issuance and renewal of a party boat operator license under this
  subchapter.
         (b)  Except as provided by Subsection (c), the rules for
  obtaining a license as a party boat operator must require at a
  minimum that the applicant:
               (1)  be at least 21 years of age;
               (2)  observe for at least four hours a licensed party
  boat operator operating a party boat on open water;
               (3)  operate for at least four hours a party boat on
  open water while being supervised and observed by a licensed party
  boat operator; and
               (4)  pass a written examination covering onboard safety
  procedures and the applicable provisions of this chapter.
         (c)  An applicant is not required to comply with Subsections
  (b)(2) and (3) if the applicant has:
               (1)  at least 25 hours of experience operating a party
  boat as shown by appropriate documentation; and
               (2)  no record of boating violations.
         Sec. 31.177.  FEES.  (a)  The commission by rule shall
  establish and collect a reasonable fee for:
               (1)  the issuance of a party boat operator license
  under this subchapter; and
               (2)  the annual water safety inspection of a party boat
  required by this subchapter.
         (b)  A fee collected by the department under this subchapter
  and any interest that accrues on the fee shall be deposited to the
  credit of the game, fish, and water safety account established
  under Section 11.032.
         Sec. 31.178.  DRUG AND ALCOHOL TESTING.  If a party boat is
  involved in an accident causing serious personal injury or death,
  each staff member on board is subject to mandatory drug and alcohol
  testing.
         Sec. 31.179.  ENFORCEMENT.  (a)  In addition to a game
  warden, any peace officer of a municipality or other political
  subdivision of this state who is certified as a marine safety
  enforcement officer under Section 31.121 may enforce this
  subchapter:
               (1)  in the area of a navigable body of water that is in
  the jurisdiction of the municipality or other political
  subdivision; or
               (2)  in any part of a lake that is partly or wholly
  inside the boundaries of:
                     (A)  the municipality or its extraterritorial
  jurisdiction; or
                     (B)  the political subdivision.
         (b)  A party boat is subject to enforcement inspections
  conducted under Section 31.124.
         Sec. 31.180.  RULES.  The commission shall adopt and enforce
  rules necessary to implement this subchapter.
         (b)  Not later than January 1, 2008, the Parks and Wildlife
  Commission shall adopt rules to implement Subchapter G, Chapter 31,
  Parks and Wildlife Code, as added by this Act.
         (c)  Subchapter G, Chapter 31, Parks and Wildlife Code, as
  added by this Act, applies only to the rental or lease of a party
  boat on the public water of this state for a group recreational
  event held on or after June 1, 2008.
         Explanation:  This change is necessary to regulate the
  operation and safety of certain party boats through a fee, license,
  and other requirements administered by the Parks and Wildlife
  Department.
         (5)  House Rule 13, Section 9, is suspended to permit the
  committee to amend Sections 43.402(a) and (b), Parks and Wildlife
  Code, to read as follows:
         (a)  Except as provided by Subsection (b) or (c) of this
  section, no person may engage in fishing in saltwater for sporting
  purposes in this state, or unload in this state fish or other
  aquatic life taken for sporting purposes from waters managed by the
  Gulf of Mexico Fishery Management Council established under the
  Fishery Conservation and Management Act of 1976 (16 U.S.C. Section
  1801 et seq.), unless the person has acquired a saltwater
  sportfishing stamp endorsement issued to the person by the
  department. The commission by rule may prescribe requirements
  relating to possessing a stamp endorsement required by this
  subchapter.
         (b)  A person who is exempted from obtaining a fishing
  license under Chapter 46 [of this code] is not required to obtain a
  saltwater sportfishing stamp endorsement.
         Explanation: The change is necessary to prohibit certain
  persons from unloading fish or other aquatic life taken for
  sporting purposes from waters managed by the Gulf of Mexico Fishery
  Management Council.
         (6)  House Rule 13, Section 9, is suspended to permit the
  committee to amend Chapter 43, Parks and Wildlife Code, by adding
  Subchapter V, and to add SECTION 57 to the bill, to read as follows:
  SUBCHAPTER V. NONINDIGENOUS SNAKE PERMIT
         Sec. 43.851.  PERMIT. (a)  The commission by rule shall
  establish permits that allow permit holders to possess or transport
  in this state a live nonindigenous:
               (1)  venomous snake; or
               (2)  constrictor that is one of the following:
                     (A)  African rock python, Python sebae;
                     (B)  Asiatic rock python, Python molurus;
                     (C)  green anaconda, Eunectes murinus;
                     (D)  reticulated python, Python reticulatus; or
                     (E)  southern African python, Python natalensis.
         (b)  The commission shall establish separate permits for
  recreational and commercial purposes.
         (c)  A permit under this subchapter is not required for:
               (1)  a state or county official performing an official
  duty;
               (2)  a licensed zoo that possesses or transports a
  snake for exhibition or scientific purposes;
               (3)  a research facility, including a university,
  licensed under the Animal Welfare Act (7 U.S.C. Section 2131 et
  seq.) that possesses or transports a snake for scientific purposes;
  or
               (4)  a person who assists a department employee in the
  handling or transport of a snake under this subchapter.
         (d)  Except as provided by Subsection (c), a person may not
  possess or transport in this state a snake described by Subsection
  (a) without a permit issued by the department under this
  subchapter.
         (e)  A person convicted of a violation of this subchapter or
  a rule adopted under this subchapter may not obtain a permit before
  the fifth anniversary of the date of the conviction.
         Sec. 43.852.  INSPECTION OF PERMIT AND RECORDS. An
  authorized department employee may inspect at any time and without
  a warrant a permit or any records required by this subchapter.
         Sec. 43.853.  RELEASE FROM CAPTIVITY.  A person may not
  intentionally, knowingly, recklessly, or with criminal negligence
  release or allow the release from captivity of a snake covered by
  this subchapter.
         Sec. 43.854.  SEIZURE OF CONTRABAND; FINANCIAL
  RESPONSIBILITY.  (a)  The department may arrange for the seizure and
  removal of a snake covered by this subchapter from a person who
  possesses the snake without the required permit. The person is
  responsible for any costs incurred by the department in the
  seizure, removal, and disposition of the snake.
         (b)  A department employee is not required to handle, remove,
  or dispose of the snake.
         (c)  The department may contract with a person who has
  knowledge of or expertise in the handling of a snake covered by this
  subchapter to assist the department in the handling, removal, and
  disposition of the snake.
         (d)  The department, including an enforcement officer of the
  department, who acts under this section is not liable in a civil
  action for the seizure, sale, donation, or other disposition of the
  snake.
         Sec. 43.855.  RULES.  The commission may adopt rules to
  implement this subchapter, including rules to govern:
               (1)  the possession or transport of a snake covered by
  this subchapter;
               (2)  permit application forms, fees, and procedures;
               (3)  the release of the snake;
               (4)  reports that the department may require a permit
  holder to submit to the department; and
               (5)  other matters the commission considers necessary.
         Sec. 43.856.  OFFENSE.  (a)  Except as provided by Subsection
  (c), a person who violates this subchapter or a rule adopted under
  this subchapter commits an offense that is a Class C Parks and
  Wildlife Code misdemeanor.
         (b)  A person who violates Section 43.853 or a rule adopted
  to implement Section 43.853 commits an offense that is a Class A
  Parks and Wildlife Code misdemeanor.
         SECTION 57.  (a)  The Parks and Wildlife Commission shall
  adopt the rules necessary under Subchapter V, Chapter 43, Parks and
  Wildlife Code, as added by this Act, not later than April 1, 2008.
         (b)  The Parks and Wildlife Department shall begin issuing
  permits under Subchapter V, Chapter 43, Parks and Wildlife Code, as
  added by this Act, not later than April 1, 2008.
         Explanation: The change is necessary to regulate the
  possession of certain nonindigeneous snakes and constrictors in
  this state, through the issuance of permits, the adoption of rules,
  the imposition of criminal offenses, and certain other measures.
         (7)  House Rule 13, Section 9, is suspended to permit the
  committee to amend Section 46.001, Parks and Wildlife Code, to read
  as follows:
         Sec. 46.001.  PROHIBITED ACTS. No person may fish in the
  public water of this state, or unload in this state fish or other
  aquatic life taken for sporting purposes from waters managed by the
  Gulf of Mexico Fishery Management Council established under the
  Fishery Conservation and Management Act of 1976 (16 U.S.C. Section
  1801 et seq.), unless he has acquired a fishing license issued under
  this subchapter, except as provided by Sections 46.0012 and 46.002
  [of this code].  The commission by rule may prescribe requirements
  relating to possessing a license required by this subchapter.
         Explanation: The change is necessary to prohibit certain
  persons from unloading fish or other aquatic life taken for
  sporting purposes from waters managed by the Gulf of Mexico Fishery
  Management Council.
         (8)  House Rule 13, Section 9, is suspended to permit the
  committee to amend Section 62.001, Parks and Wildlife Code, by
  adding Subdivision (3) to read as follows:
               (3)  "Public road or right-of-way" means a public
  street, alley, road, right-of-way, or other public way, including a
  berm, ditch, or shoulder.
         Explanation: The change is necessary to define "public road
  or right-of-way."
         (9)  House Rule 13, Section 9, is suspended to permit the
  committee to amend Subchapter A, Chapter 62, Parks and Wildlife
  Code, by adding Section 62.0031 to read as follows:
         Sec. 62.0031.  HUNTING FROM PUBLIC ROAD OR RIGHT-OF-WAY
  PROHIBITED.  (a)  Except as provided by Subsection (b), a person may
  not hunt a wild animal or bird when the person is on a public road or
  right-of-way.
         (b)  This section does not apply to the trapping of a raptor
  for educational or sporting purposes as provided by Chapter 49.
         Explanation: The change is necessary to prohibit certain
  persons from hunting a wild animal or bird when the person is on a
  public road or right-of-way.
         (10)  House Rule 13, Section 9, is suspended to permit the
  committee to amend the heading to Chapter 284, Parks and Wildlife
  Code, and amend Section 284.001, Parks and Wildlife Code, by
  amending Subsections (b) and (d) and adding Subsection (f) to read
  as follows:
  CHAPTER 284.  DIMMIT, EDWARDS, FRIO, IRION, KENEDY, KIMBLE,
  LLANO, MASON, MAVERICK, REAL, UVALDE, AND ZAVALA COUNTIES
         (b)  This section applies only to a navigable river or stream
  located wholly or partly in Dimmit, Edwards, Frio, Irion, Kenedy,
  Kimble, Llano, Mason, Maverick, Real, Uvalde, or Zavala County.
         (d)  This section does not apply to:
               (1)  an individual acting in the scope of the
  individual's duties as a peace officer or department employee; [or]
               (2)  the discharge of a shotgun loaded with ammunition
  that releases only shot when discharged, except as provided by
  Subsection (f); or
               (3)  bow fishing.
         (f)  In Dimmit, Uvalde, or Zavala County, a person may
  discharge a shotgun loaded with ammunition that releases only shot
  when discharged only if the person is hunting:
               (1)  migratory birds, as defined by Section 34.021; or
               (2)  game animals, as defined by Section 63.001, except
  mule deer, white-tailed deer, or antelope.
         Explanation:  This change is necessary to regulate certain
  types of hunting in the counties of Irion, Kimble, Mason, Dimmit,
  Uvalde, and Zavala.
         (11)  Senate Rules 12.03(1) and (3) are suspended to permit
  the committee to amend Section 151.801, Tax Code, by amending
  Subsection (c) and adding Subsection (c-1) to read as follows:
         (c)  Subject to Subsection (c-1), the [The] proceeds from the
  collection of the taxes imposed by this chapter on the sale,
  storage, or use of sporting goods shall be deposited as follows:
               (1)  an amount equal to 94 percent of the proceeds [For
  the period beginning September 1, 1993, and ending August 31, 1995,
  an amount equal to 50 cents per 1,000 cigarettes shall be deposited
  to the credit of the general revenue fund, state parks account, and
  an amount equal to 50 cents per 1,000 cigarettes shall be deposited
  to the credit of the general revenue fund, Texas recreation and
  parks account, and the balance shall be retained in the general
  revenue fund.
               [(2)  Beginning September 1, 1995, the taxes collected]
  shall be credited to the Parks and Wildlife Department and
  deposited as specified in the Parks and Wildlife Code; and
               (2)  an amount equal to six percent of the proceeds
  shall be credited to the Texas Historical Commission and deposited
  as specified in Section 442.073, Government Code. [The comptroller
  shall not credit in excess of $32 million in sporting goods tax
  revenue annually to the Parks and Wildlife Department.]
         (c-1)  The comptroller may not credit to the Parks and
  Wildlife Department or the Texas Historical Commission any amounts
  under this section that are in excess of the amounts appropriated to
  the department or commission for that biennium, less any other
  amounts to which the department or commission is entitled.
         Explanation:  This change is necessary to clarify that the
  comptroller may not credit to the Parks and Wildlife Department or
  the Texas Historical Commission more than the amount appropriated
  to the department or commission, less certain other amounts.
         (12)  House Rule 13, Section 9, is suspended to permit the
  committee to add SECTION 53 to read as follows:
         SECTION 53.  (a)  In this section, "historic site" means a
  historic site or park listed under Section 442.072, Government
  Code, as added by this Act.
         (b)  On or after January 1, 2008, as provided by this
  section, the following are transferred to the Texas Historical
  Commission:
               (1)  each historic site and all obligations and
  liabilities of the Parks and Wildlife Department relating to the
  site;
               (2)  all unobligated and unexpended funds appropriated
  to the Parks and Wildlife Department designated for the
  administration of each site;
               (3)  all equipment and property of the Parks and
  Wildlife Department used for the administration of or related to
  each site; and
               (4)  all files and other records of the Parks and
  Wildlife Department kept by the department regarding each site.
         (c)  A rule adopted by the Parks and Wildlife Commission that
  is in effect immediately before January 1, 2008, and that relates to
  a historic site is, on January 1, 2008, a rule of the Texas
  Historical Commission and remains in effect until amended or
  repealed by the Texas Historical Commission.  A rule that applies to
  both a transferred site and park that is not transferred is a rule
  of both commissions and applies to the transferred site until
  amended or repealed by the Texas Historical Commission.
         (d)  A transfer under this Act does not diminish or impair
  the rights of a holder of an outstanding bond or other obligation
  issued by the Parks and Wildlife Department in relation to the
  support of a historic site.
         (e)  On January 1, 2008, a reference in the Parks and
  Wildlife Code or other law to a power, duty, obligation, or
  liability of the Parks and Wildlife Department or the Parks and
  Wildlife Commission that relates to a historic site is a reference
  to the Texas Historical Commission. The Texas Historical Commission
  is the successor agency to the Parks and Wildlife Department and the
  Parks and Wildlife Commission for the site.
         (f)  The Texas Historical Commission shall prepare a base
  operating plan for each historic site before the transfer of any
  site or associated artifact or archival materials from the Parks
  and Wildlife Department to the commission.  The base operating plan
  for each site must be completed on or before January 1, 2008.  The
  base operating plan for each site must include:
               (1)  a mission statement outlining the goals for the
  site;
               (2)  an interpretive plan showing how the mission is to
  be accomplished;
               (3)  an operational plan, including:
                     (A)  facilities, documents, records, and other
  assets to be transferred;
                     (B)  parties responsible for daily site
  management, including staff that will be transferred;
                     (C)  off-site support structure;
                     (D)  plans for artifact and archival curation;
                     (E)  signed memoranda of understanding or
  memoranda of agreement with appropriate friends groups and
  volunteer organizations; and
                     (F)  emergency plans;
               (4)  a maintenance plan, including maintenance and
  repair needs;
               (5)  a marketing plan;
               (6)  a business plan, including revenue and visitation
  goals;
               (7)  a plan for compliance with:
                     (A)  Chapter 191, Natural Resources Code (the
  Antiquities Code of Texas); and
                     (B)  the National Historic Preservation Act (16
  U.S.C. Section 470 et seq.); and
               (8)  fiscal plans and budgets associated with
  Subdivisions (1) through (7) of this subsection.
         (g)  Not later than September 1, 2007, the chair of the House
  Committee on Culture, Recreation, and Tourism shall appoint from
  that committee an interim study subcommittee to review the base
  operating plan described by Subsection (f) of this section. The
  interim subcommittee shall obtain feedback and information from
  professionals familiar with the work of the Parks and Wildlife
  Department, the Texas Historical Commission, the National Park
  Service, the Council of Texas Archeologists, professional
  archivists, park managers, and the tourism industry. Not later than
  September 1, 2008, the interim study subcommittee shall report to
  the House Committee on Culture, Recreation, and Tourism on the
  results of the study conducted under this subsection.
         (h)  Until a historic site is transferred to the Texas
  Historical Commission in accordance with this Act, the Parks and
  Wildlife Department shall continue to operate and maintain the site
  under applicable law as it existed on January 1, 2007.
         (i)  The Parks and Wildlife Department and the Texas
  Historical Commission shall keep the House Committee on Culture,
  Recreation, and Tourism, the subcommittee on Agriculture, Rural
  Affairs and Coastal Resources, and the Senate and House members in
  whose district, a historic site is being transferred, informed of
  the progress of the transfer of each historic site under this Act.
         (j)  An employee of the Parks and Wildlife Department whose
  job responsibilities are more than 50 percent related to a historic
  site transferred to the Texas Historical Commission under this Act
  becomes an employee of the Texas Historical Commission on the date
  of the transfer of that site. An employee whose job is transferred
  may not be dismissed after the transfer except for cause before the
  first anniversary of the date of the transfer.
         Explanation: This change is necessary to provide for the
  transfer of certain historic sites to the Texas Historical
  Commission, require the commission to adopt base operating plans
  for the sites, and establish an interim study subcommittee to
  review the base operating plans.
         (13)  House Rule 13, Section 9, is suspended to permit the
  committee to add SECTION 56 to read as follows:
         SECTION 56.  (a) The House Committee on Culture, Recreation,
  and Tourism shall conduct a study to determine whether this state
  should permit the possession of nonindigenous venomous snakes and
  nonindigenous constrictors as provided by Subchapter V, Chapter 43,
  Parks and Wildlife Code, as added by this Act.
         (b)  The study must include:
               (1)  a comparison of laws regulating nonindigenous
  snakes in other states;
               (2)  alternative methods of regulating the possession
  of nonindigenous snakes;
               (3)  the economic, environmental, and other effects of
  allowing nonindigenous snakes to be held in the state, including:
                     (A)  the potential to harbor and spread diseases
  or parasites, or other adverse effects; and
                     (B)  the economic and other benefits to this state
  that may be obtained by regulating the trade in nonindigenous
  snakes; and
               (4)  other related matters the committee finds useful.
         (c)  Not later than November 1, 2008, the committee shall
  report its findings to the governor, the executive directors of the
  Parks and Wildlife Department and the Department of Agriculture,
  and each member of the committee.
         Explanation: This change is necessary to require a study to
  determine whether this state should permit the possession of
  nonindigenous venomous snakes and nonindigenous constrictors.
         (14)  House Rule 13, Section 9, is suspended to permit the
  committee to add SECTION 58 to read as follows:
         SECTION 58.  (a) The joint legislative task force on the use
  of the sales tax on sporting goods is composed of eight members, as
  follows:
               (1)  two members of the House Culture, Recreation and
  Tourism Committee, one being the chair of the committee and one
  appointed by the speaker of the house of representatives;
               (2)  two members, each of whom must be a member of the
  House Appropriations Committee or House Ways and Means Committee,
  as appointed by the speaker of the house representatives;
               (3)  two members of the Senate Committee on Natural
  Resources, one being the chair of the committee and one appointed by
  the lieutenant governor; and
               (4)  two members of the Senate Committee on Finance,
  appointed by the lieutenant governor.
         (b)  The speaker of the house of representatives shall
  designate the chair of the House Committee on Culture, Recreation
  and Tourism to serve as a joint presiding officer of the task force,
  and the lieutenant governor shall designate another task force
  member to serve as the other joint presiding officer.
         (c)  The task force meets at the call of the joint presiding
  officers.
         (d)  The task force shall:
               (1)  review the items that are included in the
  definition of "sporting goods" under Section 151.801(e), Tax Code;
               (2)  determine the amount of sales tax revenue that
  must be generated from the sale of "sporting goods" to fund, at a
  minimum, the appropriations made by the 80th Legislature regarding
  state parks, local parks, historic sites, coastal management
  programs, and water planning;
               (3)  not later than December 15, 2008, prepare and
  present to the legislature a report that describes the findings of
  the task force and includes recommendations regarding the specific
  items that should be included in the definition of "sporting goods"
  under Section 151.801(e), Tax Code in order to more evenly match the
  revenue streams needed to cover ongoing appropriations (estimated
  to be $70 million per annum), net of the use of unexpended balances
  in 2008-2009 biennium, without creating large dedicated fund
  balances.
         (e)  It is the intent of the 80th Legislature that Section
  151.801(c-1), Tax Code, as added by this Act, be repealed on
  adoption of a statute implementing the recommendations of the task
  force.
         Explanation: This change is necessary to require a task force
  to study the appropriate collection and distribution of the
  sporting goods sales tax.
         (15)  House Rule 13, Section 9, is suspended to permit the
  committee to add SECTION 59 to read as follows:
         SECTION 59.  If the Parks & Wildlife Department does not
  receive a grant of funds from the Department of Transportation, the
  Parks and Wildlife Department may spend no more than $50,000 to
  maintain a river-access point and picnic area in Zavala County that
  is adjacent to the Nueces River and United States Highway 83
  intersection north of La Pryor, Texas.  If the Parks and Wildlife
  Department receives a grant of funds from the Department of
  Transportation, the Parks and Wildlife Department may not spend
  money, other than money received under the grant, on maintenance
  described by this section.
         Explanation: This change is necessary to administer the use
  of funds expended by the Parks and Wildlife Department for certain
  projects.
         (16)  House Rule 13, Section 9, is suspended to permit the
  committee to add SECTION 60 to read as follows:
         SECTION 60.  (a)  The Parks and Wildlife Department shall
  conduct a study of ways to improve the efficiency and ease of use of
  the department's hunting and fishing license systems.  The study
  must:
               (1)  evaluate the efficiency of the hunting and fishing
  license systems in effect on September 1, 2007;
               (2)  identify problems and suggest improvements to
  those systems; and
               (3)  identify ways to increase ease of use for
  individuals applying for a hunting or fishing license in this
  state.
         (b)  The Parks and Wildlife Department shall complete the
  study conducted under Subsection (a) of this section not later than
  July 1, 2008.
         (c)  Not later than October 1, 2008, the Parks and Wildlife
  Department shall submit to the governor, the lieutenant governor,
  the speaker of the house of representatives, and the chair of each
  committee of the legislature that has primary oversight
  jurisdiction over the department a written report that summarizes
  the findings of the study conducted under Subsection (a) of this
  section.
         Explanation: This change is necessary to require the Parks
  and Wildlife Department to study the department's fishing and
  license systems and report its findings to the legislature.