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.