BILL ANALYSIS



H.B. 3046
By: Hunter, T.
April 19, 1995
Committee Report (Unamended)


BACKGROUND

Currently, Section 66.204, Texas Parks and Wildlife Code, defines
a restricted area in fish passes at 2,800 feet inside the pass
measured from the mouth of the pass where it empties into or opens
on the Gulf of Mexico.  These restricted areas are currently
designated by iron and concrete markers which are difficult for
boaters to see, and these markers frequently lost or dislocated
because of erosion.

PURPOSE

H.B. 3046 would repeal the current 2,800 ft. requirement, so that
the restricted area could be adjusted to accommodate boating access
to camping areas on Matagorda Island.  Also, this bill would
replace the iron and cement markers with signs on wooden pilings,
which are more stable and more easily recognized.

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 Sec. 66.204(a) and (b), Parks and Wildlife Code,
as follows:

     (a)  The commission by proclamation may regulate the placement
     of obstructions, traps, and mooring in fish passes and the
     marking of restricted areas in any natural or artificial pass
     that is opened, reopened, dredged, excavated, or maintained by
     the department as a fish pass between the Gulf of Mexico and
     an inland bay.

     (b)  No person may operate, possess, or moor a vessel or other
     floating device, or may place any piling, wire, rope, cable,
     net, trap, or other obstruction, in a natural or artificial
     pass opened, dredged, excavated, constructed, or maintained by
     the department as a fish pass between the Gulf of Mexico and
     an inland bay within the distance inside the pass from the
     mouth of the pass where it empties into the Gulf of Mexico and
     a permanent marker or sign erected by the department
     indicating the restricted area.

SECTION 2.  Emergency clause:  effective upon passage.

SUMMARY OF COMMITTEE ACTION

H.B. 3046 was considered by the Committee on State Recreational
Resources in a public hearing on April 19, 1995.

The following person testified in favor of the bill:

     Graden N. McVay representing himself.

The bill was reported favorably without amendment, with the
recommendation that it do pass and be printed and be sent to the
Committee on Local and Consent Calendars, by a record vote of 7
ayes, 0 nays, 0 pnv, 2 absent.