HBA-NIK S.B. 1302 76(R) BILL ANALYSIS Office of House Bill AnalysisS.B. 1302 By: Brown State Recreational Resources 4/27/1999 Engrossed BACKGROUND AND PURPOSE Currently, the Texas Parks and Wildlife Department (department) may suspend or revoke a permit or license if, after notice and hearing, it is found that the permitee or licensee was finally convicted of a violation of the Parks and Wildlife Code or a proclamation adopted under the code, the violation was related to the license to be suspended, a false statement was made to obtain the license or permit, or the permitee or licensee is indebted to the state for taxes, fees, or penalties imposed by the Parks and Wildlife Code. S.B. 1302 authorizes the department to withhold licenses under certain circumstances. RULEMAKING AUTHORITY It is the opinion of the Office of House Bill Analysis that this bill does not expressly delegate any additional rulemaking authority to a state officer, department, agency, or institution. SECTION BY SECTION ANALYSIS SECTION 1. Amends Section 12.501(b), Parks and Wildlife Code, to include the authorization of the director of the Texas Parks and Wildlife Department (director) to suspend or revoke an original or renewal permit or license issued under this code if it is found, after notice and hearing, that the permitee or licensee is liable to the state under Section 12.301 (Liability for Value of Fish, Shellfish, Reptile, Amphibian, Bird, or Animal), Parks and Wildlife Code. SECTION 2. Amends the section heading to Section 12.506. Parks and Wildlife Code, as follows: Sec. 12.506. New title: APPEAL FROM SUSPENSION, REFUSAL, OR REVOCATION OF LICENSE OR PERMIT. SECTION 3. Amends Section 12.506(a), Paks and Wildlife Code, to authorize an appeal from an order of the department refusing to issue or transfer a license or permit or revoking or suspending a license or permit to be taken to a district court of Travis County. SECTION 4. Amends Subchapter F, Chapter 12, Parks and Wildlife Code, by adding Section 12.508, as follows: Sec. 12.508. REFUSAL OF LICENSE OR PERMIT. (a) Defines "notice" and "finally convicted." (b) Authorizes the department to refuse to issue or transfer an original or renewal license, permit, or tag if the applicant or transferee: has been finally convicted of a violation under this code or a rule adopted or a proclamation issued under this code; is liable to the state under Section 12.301, Parks and Wildlife Code; and has failed to fully pay the amount due under Section 12.301 after the department has issued notice of liability to the applicant or transferee. (c) Provides that the contested case provisions of the Administrative Procedure Act (Sections 2001.051-2001.178, Government Code (contained in Subchapters C-G (General Rights and Procedures), (Evidence, Witnesses, and Discovery), (Testimony of Child), (Final Decisions and Orders; Motions for Rehearing), (Judicial Review), respectively) do not apply to the refusal to issue, transfer, or renew a license, permit, or tag under this section. (d) Provides that this section does not apply to a person who incurred liability to the state under Section 12.301 before September 1, 1999. Provides that this subsection expires September 1, 2001. SECTION 5. Amends Section 12.505, Parks and Wildlife Code, as follows: Sec. 12.505. New title: VIOLATION OF SUSPENSION, REFUSAL, OR REVOCATION. Makes a conforming change. SECTION 6. Amends Section 12.109, Parks and Wildlife Code, as follows: Sec. 12.109. New title: CONFISCATION AND DISPOSITION OF AQUATIC PRODUCTS. (a) Requires an enforcement officer (officer) of the department that believes a person has unlawful possession of any fish, oysters, shrimp, or other aquatic products, as defined by Section 47.001(16) of this code, rather than aquatic life, taken in violation of this code or a proclamation of the commission adopted under this code to seize the aquatic products, rather than seize and sell aquatic products, and all products aboard any vessel involved, or in any device used to catch or store aquatic products, whether in storage or on deck, and whether alive or dead, frozen or fresh, whole or processed to any extent. Requires the officer to sell the aquatic products and dispose of the proceeds as provided in Subsection (b) of this section. Deletes the word "life" from the section title. Deletes the requirement for all such aquatic life to be deemed to have been taken in contravention of the law and to be seized by the arresting officer if the person is in possession of a greater quantity of aquatic life than is authorized by law. Deletes the requirement for the officer the give to the person a receipt for all aquatic life seized upon the sale of the aquatic life. Makes conforming changes. (b) Adds text requiring the officer to give the person a receipt for all aquatic products seized upon the sale of the aquatic products. Makes conforming changes. (c) Requires the officer to allow the person in possession to retain a lawful quantity of the aquatic products if aquatic products are seized due only to a violation of a daily bag or possession limit, but only if the person gives written acknowledgment of retention of a lawful quantity to the officer on a form provided by the department. Requires the officer to sell the remainder of the aquatic products and dispose of the proceeds as provided by Subsection (b) of this section. (d) Makes a conforming change. Redesignated from Subsection (c). (e) Makes a conforming change. Redesignated from Subsection (d). (f) Redesignated from Subsection (e). (g) Includes the release of aquatic products among those actions for which the department and an officer of the department who acts under this section are not liable in any civil action. Makes a conforming change. Redesignated from Subsection (f). SECTION 7. Repealer: Section 77.027 (Confiscation and Disposal of Shrimp), Parks and Wildlife Code. SECTION 8. Effective date: September 1, 1999. SECTION 9. Emergency clause.