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.