BILL ANALYSIS


                                                        H.B. 3075
                                            By: Siebert (Haywood)
                                                Natural Resources
                                                         05-11-95
                              Senate Committee Report (Unamended)
BACKGROUND

Current law prohibits the sale of certain fish taken from public
fresh water.  Nongame fish such as carp, gar, and minnows are
exempt from this prohibition, but a seller of nongame fish must
have a permit issued under Chapter 67 of the Parks and Wildlife
Code.  Chapter 66.111 does not require persons in six counties in
West Texas who take minnows to be used as bait fish to obtain the
required permit.

PURPOSE

As proposed, H.B. 3075 deletes language prohibiting a person from
buying or offering to buy or selling or offering to sell minnows to
be used as bait fish taken from the public fresh waters in Clay,
Cottle, Hardeman, Motley, Wichita, or Wilbarger County; requires
the Parks and Wildlife Commission to define fish as game and
nongame fish.

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 Section 66.111(b), Parks and Wildlife Code, to
delete language providing that Subsection (a) of this section does
not apply to minnows to be used as bait fish taken from the public
fresh waters in Clay, Cottle, Hardeman, Motley, Wichita, or
Wilbarger County.  Makes a nonsubstantive change.

SECTION 2. Amends Section 66.114, Parks and Wildlife Code, as
follows:

     Sec.  66.114.  New heading: GAME AND NONGAME FISH DEFINED:
     COMMISSION PROCLAMATION.  Requires the Parks and Wildlife
     Commission to define game and nongame fish.  Deletes language
     requiring the commission to define fish having sporting value;
     rough, bony, or rough fleshed fish having no sporting value,
     and fish that may be used or taken as bait fish.
     
     SECTION 3.     Repealer: Sections 66.023 and 66.024, Parks and Wildlife
Code (Purchase and Sale of Trout of the Family Salmonidae-Sale and
Purchase of Certain Fish).

SECTION 4. Effective date: September 1, 1995.

SECTION 5. Emergency clause.