BILL ANALYSIS Senate Research Center H.B. 1806 82R7771 SLB-F By: Flynn (Hegar) Agriculture & Rural Affairs 4/27/2011 Engrossed
BILL ANALYSIS
Senate Research Center H.B. 1806
82R7771 SLB-F By: Flynn (Hegar)
Agriculture & Rural Affairs
4/27/2011
Engrossed
Senate Research Center
H.B. 1806
82R7771 SLB-F
By: Flynn (Hegar)
Agriculture & Rural Affairs
4/27/2011
Engrossed
AUTHOR'S / SPONSOR'S STATEMENT OF INTENT Currently, under the Parks and Wildlife Code, there is no provision to include fraud in saltwater fishing tournaments, and there is no provision for the offense of altering a fish to influence the outcome of a fishing tournament. Saltwater fishing tournaments have increased in size and frequency, and the propensity for fraud exists. There is a need for regulations to prevent fraud in these tournaments in the same manner that freshwater tournaments are regulated. Recent freshwater tournament fraud consists of altering the characteristics of fish to affect weight and/or size in order to affect the outcome of the tournament. Including these acts as violations will prevent fraud and ensure that tournaments involving fish resources are fair. H.B. 1806 amends current law relating to fishing tournament fraud and provides penalties. RULEMAKING AUTHORITY This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency. SECTION BY SECTION ANALYSIS SECTION 1. Transfers Section 66.119, Parks and Wildlife Code, to Subchapter A, Chapter 66, Parks and Wildlife Code, redesignates it as Section 66.023, Parks and Wildlife Code, and amends it as follows: Sec. 66.023. New heading: FRAUD IN FISHING TOURNAMENTS. (a) Redefines, in this section, "fishing tournament." (b) Provides that a person commits an offense if, with intent to affect the outcome of a fishing tournament, the person performs certain actions, including the person alters the length or weight of a fish for the purpose of representing that the fish as entered in the tournament was that length or weight when caught; or the person enters a fish in the tournament that was taken in violation of any provision of this code or a proclamation or regulation of the commission adopted under this code. (c)-(d) Makes no changes to these subsections. SECTION 2. Makes application of this Act prospective. SECTION 3. Effective date: upon passage or September 1, 2011.
AUTHOR'S / SPONSOR'S STATEMENT OF INTENT
Currently, under the Parks and Wildlife Code, there is no provision to include fraud in saltwater fishing tournaments, and there is no provision for the offense of altering a fish to influence the outcome of a fishing tournament.
Saltwater fishing tournaments have increased in size and frequency, and the propensity for fraud exists. There is a need for regulations to prevent fraud in these tournaments in the same manner that freshwater tournaments are regulated.
Recent freshwater tournament fraud consists of altering the characteristics of fish to affect weight and/or size in order to affect the outcome of the tournament. Including these acts as violations will prevent fraud and ensure that tournaments involving fish resources are fair.
H.B. 1806 amends current law relating to fishing tournament fraud and provides penalties.
RULEMAKING AUTHORITY
This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency.
SECTION BY SECTION ANALYSIS
SECTION 1. Transfers Section 66.119, Parks and Wildlife Code, to Subchapter A, Chapter 66, Parks and Wildlife Code, redesignates it as Section 66.023, Parks and Wildlife Code, and amends it as follows:
Sec. 66.023. New heading: FRAUD IN FISHING TOURNAMENTS. (a) Redefines, in this section, "fishing tournament."
(b) Provides that a person commits an offense if, with intent to affect the outcome of a fishing tournament, the person performs certain actions, including the person alters the length or weight of a fish for the purpose of representing that the fish as entered in the tournament was that length or weight when caught; or the person enters a fish in the tournament that was taken in violation of any provision of this code or a proclamation or regulation of the commission adopted under this code.
(c)-(d) Makes no changes to these subsections.
SECTION 2. Makes application of this Act prospective.
SECTION 3. Effective date: upon passage or September 1, 2011.