Presenter: Jayna Burgdorf

Commission Agenda Item No. 5
Action
Senior Combination Licenses
June 2000

I. Discussion: The Texas Legislature in 1975 amended the Parks and Wildlife code to add Chapter 50, which authorized the commission to establish discounted combination hunting and fishing licenses and license packages. Additionally, Chapters 42 and 46 of the Code authorize the commission to set lower license fees or waive license fees for residents age 65 or older. At present, seniors are able to purchase hunting licenses and fishing licenses separately at discounted prices, but there is no discounted combination license or super-combination license available. The Finance Committee at its April 2000 meeting authorized staff to publish a proposed amendment to create both a discounted senior combination licenses and a discounted senior super-combination license. The proposed amendment appeared in the April 28, 2000 issue of the Texas Register (25 TexReg 3695). A summary of public comment on the proposed amendment will be available to the Commission at the time of the hearing.

II. Recommendation: Staff recommends that the Parks and Wildlife Commission adopt the following motion:

"The Texas Parks and Wildlife Commission adopts an amendment to 31 TAC §53.2, concerning Combination Hunting and Fishing Licenses, with changes to the proposed text as published in the April 28, 2000, issue of the Texas Register (25 TexReg 3695)."

Attachments - 2

1. Exhibit A - Proposed Amendment
2. Exhibit B - Fiscal Note (available upon request)

Commission Agenda Item No. 5
Exhibit A

Senior Combination Licenses

1. Introduction.

The Texas Parks and Wildlife Department proposes the amendment of §53.2, concerning Combination Hunting and Fishing Licenses, Packages, and Conservation Permits. The amendment creates discounted combination (hunting and fishing privileges) and super-combination licenses ( hunting and fishing privileges, plus stamps for turkey, white-winged dove, archery hunting, state waterfowl, muzzleloader hunting, saltwater sportfishing, and freshwater trout) for residents over the age of 65. The amendment is necessary to provide reduced rates for senior citizens, who are able to buy discounted hunting licenses and discounted fishing licenses, but for whom no discounted combination licenses exist. The amendment will function by establishing a range of fees for licenses that are available only to residents 65 years of age or older.

2. Fiscal Note.

Jayna Burgdorf, director of special projects, has determined that for each of the first five years that the amendment as proposed is in effect, there will be minimal fiscal implications to the department. Based on license sales to seniors in FY 1999, the department estimates that the introduction of the senior combination (based on an estimated fee of $10) and the senior super combination license (based on an estimated fee of $20) will result a revenue reduction of less than $30,000 for FY 2001, and the potential for a revenue increase of $50,000-100,000 for each fiscal year 2002-2005. The department believes that by offering the discounted combination and super-combination licenses, customers who otherwise might have purchased hunting and fishing licenses separately will purchase the discounted licenses, and, as an offset, those who would have purchased only one stamp will purchase of the super-combination license, spurred by inherent value and convenience of the package.

3. Public Benefit - Cost Note.

Ms. Burgdorf also has determined that for each of the first five years the amendment as proposed is in effect:

(A) The public benefit anticipated as a result of enforcing the rule as proposed will be the ability of senior citizens, many of whom are on fixed and low incomes, to enjoy outdoor recreation with greater ease by having to purchase one license instead of two, while at the same time contributing to the conservation and management of the state’s wildlife resources.

(B) There will be no effect on small businesses, microbusinesses, or persons required to comply with the rule as proposed, as no person will be required to purchase a discounted license.

(C) The department has not filed a local impact statement with the Texas Employment Commission as required by Government Code, §2001.022, as this agency has determined that the rule as proposed will not impact local economies.

(D) The department has determined that there will not be a taking of private real property, as defined by Government Code, Chapter 2007, as a result of the proposed amendment.

4. Request for Public Comments.

Comments on the proposed rule may be submitted to Jayna Burgdorf, Texas Parks and Wildlife Department, 4200 Smith School Road, Austin, Texas 78744; (512) 389- 8430 or 1-800-792-1112.

5. Statutory Authority.

The amendment is proposed under Parks and Wildlife Code, §42.012, which provides the commission with authority to set a lower fee or waive the fee for a resident hunting license for a resident who is 65 years old or older; §46.004, which provides the commission with authority to set a lower fee or waive the fee for a resident fishing license for a resident who is 65 years old or over; and Chapter 50.001, which authorizes the commission to establish a combination hunting and fishing license for residents.

The amendment affects Parks and Wildlife Code, Chapters 42, 46, and 50.

§53.2. Combination Hunting and Fishing Licenses, Packages, and Conservation Permits.

(a) Combination hunting and fishing licenses. The following license fee amounts are effective for the license year beginning September 1, 2000 [1996], and thereafter:

(1) resident combination hunting and fishing (type 100)—$32;

(2) duplicate combination hunting and fishing (type 130)—$6.00;

(3) lifetime resident combination hunting and fishing (type 990)—$1,000; and

(4) resident senior combination (type ) - $9-11.

(b) Combination license packages. The following license fee amounts are effective for the license year beginning September 1, 2000 [1996], and thereafter:

(1) resident super combination hunting and fishing (package includes combination hunting and fishing license plus the privileges associated with the following stamps: turkey, white-winged dove, archery hunting, state waterfowl, muzzleloader hunting, saltwater sportfishing, and freshwater trout) (type 111)—$49; [and]

(2) resident senior super combination hunting and fishing (package includes combination hunting and fishing license plus the privileges associated with the following stamps: turkey, white-winged dove, archery hunting, state waterfowl, muzzleloader hunting, saltwater sportfishing, and freshwater trout) (type )—$19-25; and

(3) [(2)] all purpose resident combination hunting and fishing (package includes combination hunting and fishing license; the privileges associated with the following stamps: turkey, white-winged dove, archery hunting, state waterfowl, muzzleloader hunting, saltwater sportfishing, and freshwater trout; conservation permit; and annual state park entrance permit) (type 500)—$100.

(c) (No change.)

This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency’s authority to adopt.

Issued in Austin, Texas, on