LEGISLATIVE BUDGET BOARD

Austin, Texas

FISCAL NOTE, 81ST LEGISLATIVE REGULAR SESSION

April 20, 2009

TO:	Honorable Mark Homer, Chair, House Committee on Culture, Recreation & Tourism
FROM:	John S. O'Brien, Director, Legislative Budget Board
IN RE:	HB4595 by Eiland (Relating to responsibility and criminal penalties for certain violations committed by commercial oyster boat crews.), Committee Report 1st House, Substituted

No significant fiscal implication to the State is anticipated.

The bill would amend the Parks and Wildlife Code by increasing penalties for oyster taking in a closed area, as well as including any vessel crew members in the prosecution of a violation associated with taking oysters in a closed area or taking oysters at night. The penalty for being convicted of taking oysters from closed areas on the first offense is increased from a Class B to a Class A Parks and Wildlife Code misdemeanor. A second offense within five years is increased to a state jail felony. The bill would add or amend definitions relating to oysters, and make other conforming changes.  To the extent the bill may result in increased fine revenues from increased penalties, no significant fiscal implication to the State is anticipated. The bill would take effect September 1, 2009.

Local Government Impact

To the extent the bill may result in increased fine revenues from increased penalties, no significant fiscal implication to units of local government is anticipated.

Source Agencies:

802 Parks and Wildlife Department

LBB Staff:

JOB, SZ, TB, SD