1-1 By: Haley S.B. No. 664 1-2 (In the Senate - Filed March 8, 1993; March 8, 1993, read 1-3 first time and referred to Committee on Natural Resources; 1-4 April 1, 1993, reported favorably by the following vote: Yeas 8, 1-5 Nays 0; April 1, 1993, sent to printer.) 1-6 COMMITTEE VOTE 1-7 Yea Nay PNV Absent 1-8 Sims x 1-9 Truan x 1-10 Armbrister x 1-11 Barrientos x 1-12 Bivins x 1-13 Brown x 1-14 Carriker x 1-15 Lucio x 1-16 Montford x 1-17 Ratliff x 1-18 Shelley x 1-19 A BILL TO BE ENTITLED 1-20 AN ACT 1-21 relating to certain fishing apparatus anchored in the Trinity River 1-22 near the Livingston Dam. 1-23 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-24 SECTION 1. Subchapter E, Chapter 61, Parks and Wildlife 1-25 Code, is amended by adding Section 61.201 to read as follows: 1-26 Sec. 61.201. LIVINGSTON DAM FISHING PLATFORM. (a) No 1-27 person may permanently anchor a barge, boat, or other fishing 1-28 platform on the Trinity River downstream from the Livingston Dam 1-29 within the area between the restricted area boundary that is 1,000 1-30 feet from the dam and a point 1,500 feet downstream from the dam. 1-31 A barge, boat, or other fishing platform is considered permanently 1-32 anchored if it is anchored in the described area: 1-33 (1) for more than 10 hours in a 24-hour period without 1-34 moving 100 feet or more during that time; or 1-35 (2) for five or more consecutive days, whether or not 1-36 it has been moved. 1-37 (b) No person may leave a barge, boat, or other fishing 1-38 platform unattended for any period of time if the barge, boat, or 1-39 platform is within the area described in Subsection (a) of this 1-40 section. 1-41 (c) A barge, boat, or other fishing platform that is left 1-42 unattended for any period of time within the area described in 1-43 Subsection (a) of this section may be impounded and may be 1-44 reclaimed only by payment of both the fine imposed under this 1-45 chapter and the cost of impoundment. 1-46 (d) Property impounded under this section that has not been 1-47 claimed within the time period specified in Section 5.01(2), 1-48 Chapter 741, Acts of the 67th Legislature, Regular Session, 1981 1-49 (Article 4477-9a, Vernon's Texas Civil Statutes), for disposition 1-50 of an abandoned automobile is considered abandoned and may be 1-51 disposed of in the same manner as an abandoned automobile in 1-52 accordance with Article V of that Act. 1-53 (e) This section may be enforced by any peace officer listed 1-54 in Article 2.12, Code of Criminal Procedure. 1-55 SECTION 2. This Act takes effect September 1, 1993. 1-56 SECTION 3. The importance of this legislation and the 1-57 crowded condition of the calendars in both houses create an 1-58 emergency and an imperative public necessity that the 1-59 constitutional rule requiring bills to be read on three several 1-60 days in each house be suspended, and this rule is hereby suspended. 1-61 * * * * * 1-62 Austin, 1-63 Texas 1-64 April 1, 1993 1-65 Hon. Bob Bullock 1-66 President of the Senate 1-67 Sir: 1-68 We, your Committee on Natural Resources to which was referred S.B. 2-1 No. 664, have had the same under consideration, and I am instructed 2-2 to report it back to the Senate with the recommendation that it do 2-3 pass and be printed. 2-4 Sims, 2-5 Chairman 2-6 * * * * * 2-7 WITNESSES 2-8 FOR AGAINST ON 2-9 ___________________________________________________________________ 2-10 Name: James Wkugene Hanson x 2-11 Representing: 2-12 City: Lovingston 2-13 ------------------------------------------------------------------- 2-14 Name: Danny F. Vance x 2-15 Representing: Trinity River Authority 2-16 City: Arlington 2-17 ------------------------------------------------------------------- 2-18 Name: Charles Hensley x 2-19 Representing: Tx Parks & Wildlife Dept. 2-20 City: Austin 2-21 ------------------------------------------------------------------- 2-22 Name: Philip P. Durocher x 2-23 Representing: Parks & Wildlife Dept 2-24 City: Austin 2-25 -------------------------------------------------------------------