BILL ANALYSIS



H.B. 3075
By: Siebert
April 12, 1995
Committee Report (Unamended)


BACKGROUND

Currently, the sale of certain freshwater fish taken from public
fresh water of the state is prohibited.  Exemptions to this
prohibition include nongame fish (carp, gar, minnows, etc.) taken
from public fresh water.  Sale of nongame fish requires a permit
issued under Chapter 67 of this code; however, 66.111 exempts
persons in six counties in West Texas from this permit that are
taking minnows to be used as bait fish.  Chapter 66 also gives the
Texas Parks and Wildlife Commission authority to define bait,
rough, and game fish.  There is duplication between Sections 66.023
and 66.111 concerning regulations on the sale of freshwater trout. 
Also, two sections in Chapter 66 (66.024 and 66.111) now govern the
sale of certain fish taken from public freshwater.

PURPOSE

House Bill 3075, as filed, would remove the exemption from
permitting requirements for persons taking minnows for bait from
Clay, Cottle, Hardeman, Motley, Wichita, and Wilbarger Counties. 
As well, H.B. 3075 would clarify the code by removing duplicate or
unnecessary language.

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), Parks and Wildlife Code, by
eliminating the exemption from permitting requirements for persons
taking minnows to be used as bait in six counties.

SECTION 2.  Amends Section 66.114, Parks and Wildlife Code, to
allow the Texas Parks and Wildlife Commission to define game fish
and nongame fish.

SECTION 3.  Repeals Sections 66.023 and 66.024, Parks and Wildlife
Code.

SECTION 4.  Effective date: September 1, 1995.

SECTION 5.  Emergency Clause.

SUMMARY OF COMMITTEE ACTION

H.B. 3075 was considered by the Committee on State Recreational
Resources in a public hearing on April 12, 1995.

The following person testified in favor of the bill:
     Tim C. Moore representing Texas Aquaculture Association.

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

The vote by which H.B. 3075 was reported favorably was reconsidered
without objection.

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.