SRC-SEW S.B. 1410 77(R)   BILL ANALYSIS


Senate Research Center   S.B. 1410
77R8426 SGA-DBy: Brown, J.  E.  "Buster"
Natural Resources
3/21/2001
As Filed


DIGEST AND PURPOSE 

Currently, there are thousands of unattended or abandoned crab traps
littering the bays and shallow estuaries of the Texas coast.  Game wardens
have the authority to remove these traps, but there are many more traps
than there are available resources to remove them.  Removing abandoned crab
traps will clean the beds and bottoms of public waters, make bays safer for
boating, and help in the conservation and management of crab resources.  As
proposed, S.B. 1410 defines crab traps as litter for the purposes of the
Health and Safety Code, authorizes the Parks and Wildlife Commission
authority to close the crab trap season for a certain period, and requires
the commission to adopt rules to govern the disposal of abandoned crab
traps. 

RULEMAKING AUTHORITY

Rulemaking authority is expressly granted to the Parks and Wildlife
Commission in SECTION 1 (Section 78.115, Parks and Wildlife Code) of this
bill. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Chapter 78B, Parks and Wildlife Code, by adding Section
78.115, as follows: 

Sec.  78.115.  CRAB TRAPS; REMOVAL OF ABANDONED TRAPS.  (a) Defines
"abandoned crab trap." 

(b) Authorizes the Parks and Wildlife Commission (commission) to establish
a closed season for the use of crab traps in the public water of this
state.  Requires the commission by rule to designate the time frame of the
closed season.   

(c) Requires the commission to adopt rules to govern the removal and
disposal of abandoned crab traps as necessary for certain purposes. 

(d) Provides that abandoned crab traps are litter for purposes of Section
365.011 (Definitions), Health and Safety Code, and are subject to immediate
removal and disposal.  Requires that abandoned crab traps be disposed of in
compliance with the Health and Safety Code.  Provides that Section 12.1105
does not apply to the removal and disposal of an abandoned crab trap under
this section. 

(e) Provides that a proclamation made by the commission under this section
prevails over a conflicting commission proclamation made under Chapter 47,
61, or 66. 

SECTION 2.  Effective date: September 1, 2001.  Requires the Parks and
Wildlife Commission to adopt rules as required under Section 78.115, as
added by this Act, not later than December 1, 2001.