HBA-BSM C.S.H.B. 1915 77(R)    BILL ANALYSIS


Office of House Bill AnalysisC.S.H.B. 1915
By: Capelo
State Recreational Resources
5/3/2001
Committee Report (Substituted)



BACKGROUND AND PURPOSE 

In many communities, there are caring neighbors and volunteers who are
willing to offer their time and effort to help those with mental handicaps.
For example, some mentally retarded individuals may enjoy outdoor
recreations such as fishing but may not be able to obtain a fishing license
for whatever reason.  The ability for a neighbor or volunteer who has a
fishing license to take these individuals fishing would be beneficial for
both parties involved.   C.S.H.B. 1915 exempts certain persons with mental
retardation from the recreational fishing license requirement. 

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. 

ANALYSIS

C.S.H.B. 1915 amends the Parks and Wildlife Code to exempt certain persons
from the requirement to acquire a fishing license.  The bill establishes
that a fishing license is not required of mentally retarded individuals who
are engaged in recreational fishing under the immediate supervision of a
person who: 

_holds a license; and

_has the permission of the mentally retarded  person's family head or legal
guardian to take the mentally retarded person fishing if the person is not
a member of the family of the mentally retarded person. 

The bill also provides that a mentally retarded person who is engaged in
recreational fishing must carry a note from a doctor stating that the
person has been diagnosed as mentally retarded.  

EFFECTIVE DATE

On passage, or if the Act does not receive the necessary vote, the Act
takes effect September 1, 2001. 

COMPARISON OF ORIGINAL TO SUBSTITUTE

C.S.H.B. 1915 differs from the original bill by providing that a  mentally
retarded person who is engaged in recreational fishing must carry a note
from a doctor stating that the person has been diagnosed as mentally
retarded whereas the original bill exempted a mentally retarded person from
carrying identification of any kind.  The substitute also removes the
requirement that a mentally retarded person live at home in order to
receive exemption from the fishing license and removes the requirement that
the supervisory person not be a family member of the retarded person.