PUC S.B. 326 75(R)    BILL ANALYSIS


STATE RECREATIONAL RESOURCES
S.B. 326
By: Armbrister (Seaman)
3-26-97
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

As proposed, S.B. 326 expands the authority of the Texas Parks and
Wildlife Commission to regulate activities and the marking of restricted
areas within fish passes. 

RULEMAKING AUTHORITY

It is the committee's opinion that this bill grants additional authority,
by proclamation, to the Texas Parks and Wildlife Commission in Section
66.204(a). 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Sections 66.204 (a) and (b), Parks and Wildlife Code,
to authorize the Parks and Wildlife Commission by proclamation to regulate
the placement of obstructions, traps and mooring in fish passes and the
marking of restricted areas in certain areas.  Prohibits a person from
committing certain acts in certain fish passes between the Gulf of Mexico
and an inland bay within the distance inside the pass, rather than within
a certain distance inside the pass, from the mouth of the pass where it
empties into, rather than empties into or opens on, the Gulf of Mexico to
a marker or sign erected by the Texas Parks and Wildlife Department
indicating the restricted area.  Deletes existing Subsection (b) requiring
the department to erect permanent iron or concrete monuments showing the
restricted area.  Makes a conforming change. 

SECTION 2.  Emergency clause, effective upon passage.