BILL ANALYSIS

H.B. 2755

By: Orr

Culture, Recreation & Tourism

Committee Report (Unamended)

BACKGROUND AND PURPOSE

According to the Parks and Wildlife Department (TPWD), the current growth rate of in-person and online education courses for boater education is unsustainable, as costs are projected to outpace the boater education budget of just over $90,000 a year. Currently, one-third of the program's annual budget goes toward covering contract costs for the online registration and certification tracking database. As certifications increase, funding will be inadequate for database maintenance and security, as well as for certification card delivery and course materials production. Notably, TPWD lacks the ability to reinvest fee revenues to support the operation of the program. H.B. 2755 seeks to address this issue by dedicating all boater education program fee revenue back into the game, fish, and water safety account for the administration of the boater education program. Currently, such fees are deposited into general revenue and not appropriated to TPWD. 

CRIMINAL JUSTICE IMPACT

It is the committee's opinion that this bill does not expressly create a criminal offense, increase the punishment for an existing criminal offense or category of offenses, or change the eligibility of a person for community supervision, parole, or mandatory supervision.

RULEMAKING AUTHORITY

It is the committee's opinion that rulemaking authority is expressly granted to the Parks and Wildlife Commission in SECTION 3 of this bill.

ANALYSIS

H.B. 2755 amends the Parks and Wildlife Code to require all revenue, less allowable costs, received by the Parks and Wildlife Department (TPWD) from boater education program courses and boater education deferrals to be deposited in the state treasury to the credit of the game, fish, and water safety account. The bill restricts the use of such fees to funding for administration of an applicable boater education or deferral program.

H.B. 2755 provides that the rules TPWD adopts with respect to establishing boater education courses that meet or exceed the minimum instruction requirement are rules applicable to such a requirement established by the National Association of State Boating Law Administrators on or after January 1, 2016, and adopted by Parks and Wildlife Commission rule. Furthermore, the bill requires the commission to adopt or modify any rules necessary to implement the bill's provisions as soon as practicable after the bill's effective date. The bill applies only to money received on or after the bill's effective date.

EFFECTIVE DATE

September 1, 2023.