By Solis                                               H.B. No. 937
         77R1048 SGA-D                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to limiting the authority of the Parks and Wildlife
 1-3     Commission to close an area of coastal water to shrimping.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1. Section 61.055(a), Parks and Wildlife Code, is
 1-6     amended to read as follows:
 1-7           (a)  Except as provided by Section 61.0552, if [If] the
 1-8     commission finds that there is a danger of depletion or waste, it
 1-9     shall amend or revoke its proclamations to prevent the depletion or
1-10     waste and to provide to the people the most equitable and
1-11     reasonable privilege to hunt game animals or game birds or catch
1-12     aquatic animal life.
1-13           SECTION 2. Subchapter C, Chapter 61, Parks and Wildlife Code,
1-14     is amended by adding Section 61.0552 to read as follows:
1-15           Sec. 61.0552.  GULF CLOSING RESTRICTED. The commission may
1-16     not close any part of the Texas coastal waters to shrimping except:
1-17                 (1)  to protect the health, safety, and welfare of the
1-18     public; or
1-19                 (2)  to prohibit shrimping in:
1-20                       (A)  a shrimp nursery area;
1-21                       (B)  a statutory fish sanctuary set aside under
1-22     Chapter 81 or 82; or
1-23                       (C)  a natural or man-made pass leading from the
1-24     inside waters to the outside waters (Gulf of Mexico) of the state.
 2-1           SECTION 3. Section 77.007, Parks and Wildlife Code, is
 2-2     amended by amending Subsection (c) and adding Subsection (g) to
 2-3     read as follows:
 2-4           (c)  Except as provided by Subsection (g), a [A] proclamation
 2-5     issued under Subsection (a)  of this section may limit the quantity
 2-6     and size of shrimp that may be caught, possessed, sold, or
 2-7     purchased and may prescribe the times, places, conditions, and
 2-8     means and manner of catching shrimp.  However, measures dealing
 2-9     with sale and purchase may only be implemented at first sale or
2-10     exchange transaction.
2-11           (g)  The commission may not close an area of coastal water to
2-12     shrimping except:
2-13                 (1)  to protect the health, safety, and welfare of the
2-14     public; or
2-15                 (2)  to prohibit shrimping in:
2-16                       (A)  a shrimp nursery area;
2-17                       (B)  a statutory fish sanctuary set aside under
2-18     Chapter 81 or 82; or
2-19                       (C)  a natural or man-made pass leading from the
2-20     inside waters to the outside waters (Gulf of Mexico) of the state.
2-21           SECTION 4. This Act takes effect September 1, 2001.