BILL ANALYSIS



C.S.H.B. 1384
By: Saunders
April 20, 1995
Committee Report (Substituted)


BACKGROUND

Currently, state law allows for the sale of channel and blue
catfish (more than 14 inches in length) taken by legal methods from
public fresh water in 36 counties, including the Neches and Trinity
Rivers in Houston County.  These exemptions were added during the
72nd legislative session when Parks and Wildlife Code Section
66.111 was amended to prohibit the sale of all fish taken from
public fresh water.  These two catfish are the only listed game
fish or game animal that can be taken from public water or lands
and commercially sold. 

PURPOSE

C.S.H.B. 1384 will authorize the purchase and sale of channel and
blue catfish, taken from the Colorado River, in Bastrop, Colorado,
Fayette, Matagorda and Wharton Counties.

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly
grant any additional rulemaking authority to a state officer,
department, agency or institution.

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 66.111(b)(5), Parks and Wildlife Code,
by adding the public fresh water of the Colorado River in Bastrop,
Colorado, Fayette, Matagorda, and Wharton counties; to the public
fresh water of the other counties exempted from prohibitions on the
commercial sale of catfish.

SECTION 2.  Effective date:  September 1, 1995.

SECTION 3.  Emergency clause.  

COMPARISON OF ORIGINAL TO SUBSTITUTE

The original bill added the 5 counties to the list of counties
already exempted from prohibitions on the commercial sale of
catfish.  The substitute changes this exemption so that it applies
only to fish taken from the Colorado River in those 5 counties. 

SUMMARY OF COMMITTEE ACTION

H.B. 1384 was considered by the Committee on State Recreational
Resources in a public hearing on March 15, 1995.

The following person testified in favor of the bill:
     Lawrence Adamaik representing Ex-Commercial Fishermen Group.

The following person testified neutrally on the bill:
     Philip P. Durocher representing Texas Parks and Wildlife
Department.

The bill was referred to a subcommittee consisting of
Representatives Siebert, Black, and B. Turner.

After being recalled from subcommittee, the bill was considered by
the committee in a formal meeting on April 20, 1995.

The committee considered a complete substitute for the bill.

The substitute was adopted without objection.

The bill was reported favorably as substituted, with the
recommendation that it do pass and be printed, by a record vote of
7 ayes, 0 nays, 0 pnv, 2 absent.