1-1                                   AN ACT
 1-2     relating to crab traps used in the public water of this state and
 1-3     to removal requirements for abandoned crab traps.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1.  Subchapter B, Chapter 78, Parks and Wildlife
 1-6     Code, is amended by adding Section 78.115 to read as follows:
 1-7           Sec. 78.115.  CRAB TRAPS; REMOVAL OF ABANDONED TRAPS.
 1-8     (a)  In this section, "abandoned crab trap" means a crab trap
 1-9     located in the public water of this state that is designated as
1-10     abandoned by the commission after the expiration of the seventh day
1-11     of a closed season established by the commission under this
1-12     section.
1-13           (b)  The commission may establish a closed season for the use
1-14     of crab traps in the public water of this state.  The commission by
1-15     rule shall designate the closed season as not less than 10 days or
1-16     more than 30 days between January 31 and April 1 in years
1-17     designated by the commission.
1-18           (c)  The commission shall adopt rules to govern the removal
1-19     and disposal of abandoned crab traps as necessary to enhance:
1-20                 (1)  enforcement of this chapter;
1-21                 (2)  the cleanliness of the beds and bottoms of the
1-22     public water of this state;
1-23                 (3)  boating safety; and
1-24                 (4)  the conservation and management of crab resources.
1-25           (d)  Abandoned crab traps are litter for purposes of Section
 2-1     365.011, Health and Safety Code, and are subject to immediate
 2-2     removal and disposal.  An abandoned crab trap must be disposed of
 2-3     in compliance with the Health and Safety Code.  Section 12.1105
 2-4     does not apply to the removal and disposal of an abandoned crab
 2-5     trap under this section.
 2-6           (e)  A proclamation made by the commission under this section
 2-7     prevails over a conflicting commission proclamation made under
 2-8     Chapter 47, 61, or 66.
 2-9           SECTION 2.  This Act takes effect September 1, 2001.  The
2-10     Parks and Wildlife Commission shall adopt rules as required under
2-11     Section 78.115, Parks and Wildlife Code, as added by this Act, not
2-12     later than January 31, 2002.
         _______________________________     _______________________________
             President of the Senate              Speaker of the House
               I hereby certify that S.B. No. 1410 passed the Senate on
         April 5, 2001, by the following vote:  Yeas 30, Nays 0, one
         present, not voting.
                                             _______________________________
                                                 Secretary of the Senate
               I hereby certify that S.B. No. 1410 passed the House on
         May 8, 2001, by a non-record vote.
                                             _______________________________
                                                Chief Clerk of the House
         Approved:
         _______________________________
                      Date
         _______________________________
                    Governor