SRC-MWN S.B. 810 77(R)   BILL ANALYSIS


Senate Research Center   S.B. 810
77R4095 SGA-DBy: Lucio
Natural Resources
3/12/2001
As Filed


DIGEST AND PURPOSE 

On August 31, 2000, the Texas Parks and Wildlife Department (TPWD) adopted
new regulations for the shrimping industry. These regulations include
increasing the size of shrimp nursery areas; a shortening of the fall bay
season by 15 days; establishing a closed shrimping area in the Gulf from
the Corpus Christi Fish Pass to the Texas-Mexico border; establishing a
Northern Shrimp Zone in the Gulf from the Corpus Christi Fish Pass to the
Texas-Louisiana border; and increasing the baitfish season by one month. As
well, the new rules require the use of a turtle excluder device in all
trawls in the Gulf except for specific exemptions; extends the current
winter Gulf closure by 30 days; require a bycatch reduction device, and
increase the cost of a commercial shrimp vessel and business license by 50
percent. As proposed, S.B. 810 directs the TPWD to return to the rules
which were in place as of June 30, 2000, until detailed studies of the
probable economic and ecological impacts of the regulations adopted on
August 31, 2000, have been completed. S.B. 810 also directs a moratorium on
the creation of any new shrimping regulations except as authorized by the
legislature or as required for compliance with federal law. 

RULEMAKING AUTHORITY

Rulemaking authority is expressly granted to the Texas Parks and Wildlife
Commission in SECTION 1 of this bill. 

SECTION BY SECTION ANALYSIS

SECTION 1. RULES RELATED TO SHRIMPING. Provides that on the effective date
of this Act, all rules adopted and proclamations issued by the Parks and
Wildlife Commission (commission) on or after July 1, 2000, that relate to
the regulation of the shrimping industry along the Texas Gulf Coast and in
the Gulf of Mexico are repealed. Requires the Parks and Wildlife
Commission, on the effective date of this Act, to adopt the rules and
proclamations relating to the regulation of the shrimping industry that
were in effect on June 30, 2000, as emergency rules for the regulation of
the shrimping industry. Provides that before the emergency rules expire,
the commission is required to adopt those rules as the rules relating to
the regulation of the shrimping industry. Prohibits the Parks and Wildlife
Commission from adopting any new rules, issuing new proclamations, or
amending existing regulations that relate to the shrimping industry except
as authorized by the legislature or as required for compliance with federal
law. 

SECTION 2. ECONOMIC IMPACT ANALYSIS. Requires the Parks and Wildlife
Department to conduct a comprehensive economic impact analysis of all
current state and federal regulations on the shrimping industry. Requires
the analysis to include input from representatives of the shrimping
industry and all other interested persons. Requires the analysis to
estimate the economic impact that regulations passed on or after July 1,
2000, would have had if those regulations had remained in effect after the
effective date of this Act. Requires the Parks and Wildlife Commission to
deliver the analysis to the legislature, the lieutenant governor, and the
governor on or before September 1, 2002. 

SECTION 3. STUDY OF SHRIMPING INDUSTRY. Requires the Parks and Wildlife
Department to prepare a comprehensive study of the economic and biological
health of the shrimping industry.  Requires the study to include input from
representatives of the shrimping industry and all other interested persons.
Requires the Parks and Wildlife Commission to deliver the report to the
legislature, the lieutenant governor, and the governor on or before
September 1, 2002. 

SECTION 4. EFFECTIVE DATE. upon passage or September 1, 2001.