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.