By Brown                                              S.B. No. 1410
         77R8426 SGA-D                           
                                A BILL TO BE ENTITLED
 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 Code,
 1-6     is amended by adding Section 78.115 to read as follows:
 1-7           Sec. 78.115.  CRAB TRAPS; REMOVAL OF ABANDONED TRAPS. (a)  In
 1-8     this section, "abandoned crab trap" means a crab trap located in
 1-9     the public water of this state that is designated as abandoned by
1-10     the commission after the expiration of the seventh day of a closed
1-11     season established by the commission under this section.
1-12           (b)  The commission may establish a closed season for the use
1-13     of crab traps in the public water of this state.  The commission by
1-14     rule shall designate the closed season as not less than 10 days or
1-15     more than 30 days between January 31 and April 1 in years
1-16     designated by the commission.
1-17           (c)  The commission shall adopt rules to govern the removal
1-18     and disposal of abandoned crab traps as necessary to enhance:
1-19                 (1)  enforcement of this chapter;
1-20                 (2)  the cleanliness of the beds and bottoms of the
1-21     public water of this state;
1-22                 (3)  boating safety; and
1-23                 (4)  the conservation and management of crab resources.
1-24           (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, as added by this Act, not later than December 1,
2-12     2001.