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.