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.