BILL ANALYSIS


                                                        H.B. 3046
                                      By: Hunter, T. (Armbrister)
                                                Natural Resources
                                                          5-25-95
                              Senate Committee Report (Unamended)
BACKGROUND

Currently, Section 66.204 of the 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 are frequently lost or dislocated
because of erosion.

PURPOSE

As proposed, H.B. 3046 authorizes the Parks and Wildlife Commission
to 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,
constructed, or maintained by the Parks and Wildlife Department as
a fish  pass between the Gulf of Mexico and an inland bay.

RULEMAKING AUTHORITY

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

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Sections 66.204(a) and (b), Parks and Wildlife
Code, as follows:

     (a) Authorizes the Parks and Wildlife Commission, by
     proclamation, to 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, constructed, or
     maintained by the Parks and Wildlife Department (department)
     as a fish  pass between the Gulf of Mexico and an inland bay.
     
     (b) Prohibits any person from operating, possessing, or
     mooring a vessel or other floating device, or from placing any
     piling, wire, rope, cable, net, trap, or other obstruction, in
     a natural or artificial pass opened, reopened, 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,
     rather than within a distance of 2,800 feet inside the pass
     measured from the mouth of the pass where it empties into or
     opens on the Gulf of Mexico.  Deletes Subsection (b) requiring
     the department to erect permanent iron or concrete monuments
     showing the restricted area.
     
     SECTION 2.     Emergency clause.
           Effective date: upon passage.