BILL ANALYSIS S.B. 733 By: Brown Natural Resources 03-15-95 Committee Report (Amended) BACKGROUND Current law prohibits the sale of certain game fish from the waters of this state, but allows the importation of these fish species from sources outside the state for sale in Texas. The red drum is the only species of these commercially protected fish that is required to be farm raised for sale in Texas. At present, the Parks and Wildlife Department may not establish new regulatory authority in state coastal waters unless federal regulations are proposed in state waters. The Gulf of Mexico Fishery Management Council each year routinely changes fishing regulation in federal waters off Texas, but consistent regulation cannot be adopted in state waters in a timely fashion. PURPOSE As proposed, S.B. 733 deletes certain fish from the list of marine life that are illegal to buy and sell, and authorizes the Parks and Wildlife Commission to delegate authority to its director to make state coastal fisheries regulations consistent with federal regulations. 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 66.001, Parks and Wildlife Code, as follows: Sec. 66.001. New heading: DEFINITIONS. Defines "prepared feed." SECTION 2. Amends Section 66.020(a), (b), and (d), Parks and Wildlife Code, as follows: (a) Deletes cobia, king mackerel, Spanish mackerel, and wahoo from a list of fish which are unlawful to buy or sell. (b) Provides that this section does not apply to fish raised, by being continuously fed a prepared feed, and sold by a licensed Texas fish farmer if marked and identified, or to the lawful importation of farm raised bass of the genus Micropterus, crappie, flathead catfish, striped bass, white bass, or a hybrid of any of those fish that have been continuously fed a prepared feed as a primary food source. Deletes, as an exception to this section, from the list of lawfully imported fish that have been lawfully taken, caught or raised, bass of the genus Micropterus, cobia, crappie, flathead catfish, king mackerel, Spanish mackerel, striped bass, wahoo, and white bass. (d) Makes conforming changes. SECTION 3. Amends Section 79.002, Parks and Wildlife Code, to authorize the Parks and Wildlife Department (department) to follow procedures under Section 12.027 of this code in promulgating rules for the harvest of marine life. Authorizes the Parks and Wildlife Commission to delegate to the director the duties, responsibilities, and authority to make state coastal fisheries regulations consistent with federal regulations in the exclusive economic zone. Deletes a provision making the department's new regulatory authority contingent upon the proposal of federal regulation. SECTION 4. Effective date: September 1, 1995. SECTION 5. Makes application of this Act prospective. SECTION 6. Emergency clause.