BILL ANALYSIS

C.S.H.B. 1408

By: Flynn

Culture, Recreation & Tourism

Committee Report (Substituted)

BACKGROUND AND PURPOSE

Interested parties observe that, currently, the fee for a combination hunting and fishing license or license package is waived for members of United States or Texas military forces who are on active duty. Some people have expressed confusion about the meaning of the term active duty.  C.S.H.B. 1408 seeks to clarify the grounds for the waiver of the fee for such a license or license package and establish the specific types of military identification that qualify a person for the waiver.

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.

ANALYSIS

C.S.H.B. 1408 amends the Parks and Wildlife Code to require the Parks and Wildlife Commission to waive the fee for a combination hunting and fishing license or a license package for hunting, fishing, and other activities for a qualified disabled veteran or a resident who holds a valid military identification card and is on active duty in the United States military forces or is actively participating in the Texas Army National Guard, the Texas Air National Guard, or the Texas State Guard under the rules established by the adjutant general of the state military forces. 

C.S.H.B. 1408 establishes that, for the purposes of provisions of law relating to the authorization of combination hunting and fishing licenses, a valid military identification card issued by the Texas Army National Guard, the Texas Air National Guard, or the Texas State Guard is sufficient to establish residency in Texas.  The bill makes its provisions inapplicable to a person who is retired from the military or the dependent of military personnel unless the person otherwise qualifies under the bill's provisions.

EFFECTIVE DATE

On passage, or, if the bill does not receive the necessary vote, September 1, 2011.

COMPARISON OF ORIGINAL AND SUBSTITUTE

C.S.H.B. 1408 differs from the original by amending provisions of law relating to a combination hunting and fishing license, whereas the original amends provisions relating to fishing licenses.  The substitute contains a provision not included in the original requiring the Parks and Wildlife Commission to waive the fee for a combination hunting and fishing license or a license package for hunting, fishing, and other activities for a qualified disabled veteran or certain active duty military personnel who are Texas residents and who hold a valid military identification card. The substitute contains a provision not included in the original establishing that, for purposes of provisions of law relating to the authorization of such licenses or license packages, a valid military identification card issued by certain state military forces is sufficient to establish residency in Texas. The substitute contains a provision not included in the original making its provisions inapplicable to a person who is retired from the military or the dependent of military personnel.

C.S.H.B. 1408 omits provisions included in the original requiring the commission to waive the fee for a general fishing license for a resident who holds a valid military identification card issued by certain military forces and establishing that, for purposes of provisions of law relating to general fishing license fees, a valid military identification card issued by certain state military forces is sufficient to establish residency in Texas.