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.