SRC-SLL S.B. 326 75(R)BILL ANALYSIS


Senate Research CenterS.B. 326
By: Armbrister
Natural Resources
2-26-97
Committee Report (Amended)


DIGEST 

Currently, the Texas Parks and Wildlife Code 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."  The department is required
to erect permanent iron or concrete monuments showing the restricted area.
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.  This bill will
expand the authority of the department, through the Parks and Wildlife
Commission, to regulate activities and the marking of restricted areas
within fish passes. 

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

This bill does not grant any additional rulemaking authority to a state
officer, institution, or agency. 

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 date: upon passage. 

SUMMARY OF COMMITTEE CHANGES

Amends SECTION 1, Section 66.204(b), Parks and Wildlife Code, to change
the "and" to a "to," and remove the word "permanent" in reference to the
marker to be erected by the Texas Parks and Wildlife Department.