PUC H.B. 773 75(R)BILL ANALYSIS STATE RECREATIONAL RESOURCES H.B. 773 By: Seaman 2-21-97 Committee Report (Unamended) BACKGROUND Currently, state law establishes a restricted area in fish passes maintained by the Texas Parks and Wildlife Department 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". In addition, current law requires the department to erect permanent iron or concrete monuments showing the restricted area. Fish passes are not used as navigational passes for access to and from gulf waters. The gulf mouths of fish passes are not jettied and, due to tidal currents and beach erosion, do not remain at permanent locations or distances from the 2,800 feet markers, designating the restricted area. Iron and concrete markers are subject to loss and difficult for the boating public to recognize. The department has found that signs on wooden pilings are more stable and easily recognized by the boaters. PURPOSE This bill provides that the management of activities and marking of a restricted area in department-maintained fish passes be regulated by a Texas Parks and Wildlife Commission proclamation. By removing the 2,800 feet requirement, the restricted area can be adjusted to accommodate boating access to camping areas on Matagorda Island, while maintaining an enforceable restricted area from the gulf mouth. RULEMAKING AUTHORITY It is the committee's opinion that this bill grants additional rulemaking authority in Section 66.204(a), to the Texas Parks and Wildlife Commission by proclamation. SECTION BY SECTION ANALYSIS SECTION 1. Amends Section 66.204 by adding new language in subsection (a) providing for commission regulation of obstructions, traps and mooring in fish passes by commission proclamation. Subsection (b) retains the current language of subsection (a) with amendments in removal of the 2,800 feet requirement and the requirement for the type of marker to designate the restricted area. SECTION 2. Emergency clause, effective upon passage.