Texas 2023 - 88th Regular

Texas Senate Bill SB1006 Compare Versions

Version 1 (Old)

Version 2 (New)

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1	1	88R5743 BEE-F
2	2	By: Flores S.B. No. 1006
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the minimum instruction requirement for the boater
8	8	education program and the disposition and use of money received by
9	9	the Parks and Wildlife Department from the boater education
10	10	program.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Section 11.032(b), Parks and Wildlife Code, is
13	13	amended to read as follows:
14	14	(b) The department shall deposit to the credit of the game,
15	15	fish, and water safety account all revenue, less allowable costs,
16	16	from the following sources:
17	17	(1) all types of fishing licenses and stamps and
18	18	shrimping licenses;
19	19	(2) all types of hunting licenses and stamps;
20	20	(3) trapping licenses and other licenses relating to
21	21	the taking, propagation, and sale of fur-bearing animals or their
22	22	pelts;
23	23	(4) sale of marl, sand, gravel, shell, and mudshell;
24	24	(5) oyster bed rentals and permits;
25	25	(6) federal funds received for fish and wildlife
26	26	research, management, development and conservation, resource
27	27	protection, and law enforcement, unless the funds are received for
28	28	the specific purposes of Subchapter F, Chapter 77;
29	29	(7) sale of property, less advertising costs,
30	30	purchased from this account or a special fund or account that is now
31	31	part of this account;
32	32	(8) fines and penalties collected for violations of a
33	33	law pertaining to the protection and conservation of wild birds,
34	34	wild fowl, wild animals, fish, shrimp, oysters, game birds and
35	35	animals, fur-bearing animals, alligators, and any other wildlife
36	36	resources of this state;
37	37	(9) sale of rough fish by the department;
38	38	(10) fees for importation permits;
39	39	(11) fees from supplying fish for or placing fish in
40	40	water located on private property;
41	41	(12) sale of seized pelts;
42	42	(13) sale or lease of grazing rights to and the
43	43	products from game preserves, sanctuaries, and management areas;
44	44	(14) contracts for the removal of fur-bearing animals
45	45	and reptiles from wildlife management areas;
46	46	(15) vessel registration fees;
47	47	(16) vessel manufacturer or dealer licensing fees;
48	48	(17) fines or penalties imposed by a court for
49	49	violation of water safety laws contained in Chapter 31 of this code;
50	50	(18) alligator hunter's or alligator buyer's licenses;
51	51	(19) sale of alligators or any part of an alligator by
52	52	the department;
53	53	(20) fees and revenue collected under Section
54	54	11.027(b) or (c) of this code that are associated with the
55	55	conservation of fish and wildlife;
56	56	(21) fees related to cultivated oyster mariculture;
57	57	(22) vessel and outboard motor titling fees;
58	58	(23) participation fees collected under Section
59	59	43.976; [and]
60	60	(24) money received by the department from:
61	61	(A) boater education program courses and
62	62	examinations administered under Section 31.108; and
63	63	(B) boater education deferrals issued under the
64	64	program established under Section 31.110(c); and
65	65	(25) any other source provided by law.
66	66	SECTION 2. Section 11.033(a), Parks and Wildlife Code, is
67	67	amended to read as follows:
68	68	(a) To the extent allowed by federal law, money in the game,
69	69	fish, and water safety account may be used for the following
70	70	purposes:
71	71	(1) enforcement of fish, shrimp, and oyster laws, game
72	72	laws, and laws pertaining to sand, shell, and gravel;
73	73	(2) dissemination of information pertaining to marine
74	74	life, wild animal life, wildlife values, and wildlife management;
75	75	(3) scientific investigation and survey of marine life
76	76	for the better protection and conservation of marine life;
77	77	(4) establishment and maintenance of fish hatcheries,
78	78	fish sanctuaries, tidal water fish passes, wildlife management
79	79	areas, and public hunting grounds;
80	80	(5) propagation and distribution of marine life, game
81	81	animals, and wild birds;
82	82	(6) protection of wild birds, fish, and game;
83	83	(7) purchase, repair, and operation of boats and
84	84	dredges;
85	85	(8) research, management, and protection of the fish
86	86	and wildlife resources of this state, including alligators and
87	87	fur-bearing animals;
88	88	(9) salaries of employees and other expenses necessary
89	89	to carry out the duties of the department under laws relating to
90	90	fish, shrimp, oysters, game, water safety, and sand, shell, and
91	91	gravel;
92	92	(10) expansion and development of additional
93	93	opportunities of hunting and fishing in state-owned land and water;
94	94	(11) removing rough fish from public water;
95	95	(12) administration and enforcement of the water
96	96	safety laws as set out in Chapter 31, including administration of
97	97	the boater education program established under Section 31.108;
98	98	(13) purchasing all necessary forms and supplies,
99	99	including reimbursement of the department for any material produced
100	100	by its existing facilities or work performed by other divisions of
101	101	the department;
102	102	(14) purchase, construction, and maintenance of boat
103	103	ramps on or near public waters as provided in Chapter 31;
104	104	(15) resource protection activities;
105	105	(16) the cleanup of illegal or abandoned cultivated
106	106	oyster mariculture equipment and related debris in public water;
107	107	and
108	108	(17) any other use provided by law.
109	109	SECTION 3. Section 31.108, Parks and Wildlife Code, is
110	110	amended by amending Subsection (a) and adding Subsection (g) to
111	111	read as follows:
112	112	(a) The commission shall adopt rules to:
113	113	(1) administer a boater education program that is
114	114	designed to educate persons about the safe operation of vessels;
115	115	(2) approve boater education courses that meet or
116	116	exceed the minimum instruction requirement [, as the requirement
117	117	exists on January 1, 1997,] established by the National Association
118	118	of State Boating Law Administrators on or after January 1, 2016, and
119	119	adopted by commission rule;
120	120	(3) create an equivalency examination that may be
121	121	taken, as the commission determines is consistent with promoting
122	122	public safety in the operation of vessels, instead of the boater
123	123	education course; and
124	124	(4) ensure that boater education courses and
125	125	examinations are available in each county.
126	126	(g) Money received by the department under Subsections (e)
127	127	and (f)(1) shall be deposited in the state treasury to the credit of
128	128	the game, fish, and water safety account established under Section
129	129	11.032 and may be used only for the administration of the boater
130	130	education program established under this section.
131	131	SECTION 4. Section 31.110, Parks and Wildlife Code, is
132	132	amended by adding Subsection (d) to read as follows:
133	133	(d) Money received by the department in connection with a
134	134	boater education deferral program established by the commission
135	135	under Subsection (c) shall be deposited in the state treasury to the
136	136	credit of the game, fish, and water safety account established
137	137	under Section 11.032 and may be used only for the administration of
138	138	the boater education program established under Section 31.108.
139	139	SECTION 5. As soon as practicable after the effective date
140	140	of this Act, the Parks and Wildlife Commission shall adopt or modify
141	141	any rules necessary to implement the change in law made by this Act
142	142	to Section 31.108(a), Parks and Wildlife Code.
143	143	SECTION 6. Sections 31.108(g) and 31.110(d), Parks and
144	144	Wildlife Code, as added by this Act, apply only to money described
145	145	by those subsections that is received by the department on or after
146	146	the effective date of this Act. Money received by the department
147	147	before the effective date of this Act is governed by the law in
148	148	effect immediately before the effective date of this Act, and the
149	149	former law is continued in effect for that purpose.
150	150	SECTION 7. This Act takes effect September 1, 2023.