BILL ANALYSIS

AUTHOR'S / SPONSOR'S STATEMENT OF INTENT

According to the Texas Parks and Wildlife Department (TPWD), the current growth rate of in-person and online education courses for boater education is unsustainable, as costs are projected to outpace the boater education budget of just over $90,000 a year. Currently, one-third of the program's annual budget goes toward covering contract costs for the online registration and certification tracking database. As certifications increase, funding will be inadequate for database maintenance and security, as well as for certification card delivery and course materials production. Notably, TPWD lacks the ability to reinvest fee revenues to support the operation of the program. H.B. 2755 seeks to address this issue by dedicating all boater education program fee revenue back into the game, fish, and water safety account for the administration of the boater education program. Currently, such fees are deposited into general revenue and not appropriated to TPWD.

H.B. 2755 amends current law relating to the minimum instruction requirement for the boater education program and the disposition and use of money received by the Parks and Wildlife Department from the boater education program.

RULEMAKING AUTHORITY

Rulemaking authority previously granted to the Texas Parks and Wildlife Commission is modified in SECTION 3 (Section 31.108, Parks and Wildlife Code) of this bill.

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Section 11.032(b), Parks and Wildlife Code, as follows:

(b)  Requires the Texas Parks and Wildlife Department (TPWD) to deposit to the credit of the game, fish, and water safety account all revenue, less allowable costs, from the following sources:

(1)-(22) makes no changes to these subdivisions;

(23) makes a nonsubstantive change to this subdivision;

(24) money received by TPWD from:

(A)  boater education program courses and examinations administered under Section 31.108 (Boater Education Program); and

(B)  boater education deferrals issued under the program established under Section 31.110(c) (relating to requiring the Texas Parks and Wildlife Commission (TPWC) by rule to establish a boater education deferral program); and

(25) creates this subdivision from existing text.

SECTION 2. Amends Section 11.033(a), Parks and Wildlife Code, as follows:

(a) Authorizes money in the game, fish, and water safety account, to the extent allowed by federal law, to be used for the following purposes:

(1)-(11) makes no changes to these subdivisions;

(12) administration and enforcement of the water safety laws as set out in Chapter 31 (Water Safety), including administration of the boater education program established under Section 31.108; and

(13)-(17) makes no changes to these subdivisions.

SECTION 3. Amends Section 31.108, Parks and Wildlife Code, by amending Subsection (a) and adding Subsection (g), as follows:

(a)  Requires TPWC to adopt rules to:

(1) makes no changes to this subdivision;

(2) approve boater education courses that meet or exceed the minimum instruction requirement established by the National Association of State Boating Law Administrators on or after January 1, 2016, and adopted by TPWC rule, rather than approve boater education courses that meet or exceed the minimum instruction requirement, as the requirement exists on January 1, 1997, established by the National Association of State Boating Law Administrators; and

(3)-(4) makes no changes to these subdivisions.

(g)  Provides that money received by TPWD under Subsections (e) (relating to requiring an officer or employee of TPWD to collect a $5 fee and forwarding the fee and any examination documentation to TPWD within a certain time frame after administration of the examination or course) and (f)(1) (relating to requiring an agent appointed by TPWD to collect a $10 fee and forwarding the fee and any examination documentation to TPWD within a certain time frame after the administration of the examination or course) is required to be deposited in the state treasury to the credit of the game, fish, and water safety account established under Section 11.032 (Game, Fish, and Water Safety Account; Sources) and is authorized to be used only for the administration of the boater education program established under this section.

SECTION 4. Amends Section 31.110, Parks and Wildlife Code, by adding Subsection (d), as follows:

(d) Provides that money received by TPWD in connection with a boater education deferral program established by TPWC under Subsection (c) (relating to requiring the TPWC by rule to establish a boater education deferral program) is required to be deposited in the state treasury to the credit of the game, fish, and water safety account established under Section 11.032 and is authorized to only be used for the administration of the boater education program established under Section 31.108.

SECTION 5. Requires TPWC, as soon as practicable after the effective date of this Act, to adopt or modify any rules necessary to implement the change in law made by this Act to Section 31.108(a), Parks and Wildlife Code.

SECTION 6. Makes application of Sections 31.108(g) and 31.110(d), Parks and Wildlife Code, as added by this Act, prospective.

SECTION 7. Effective date: September 1, 2023.