1-1 By: Brown S.B. No. 1410 1-2 (In the Senate - Filed March 8, 2001; March 13, 2001, read 1-3 first time and referred to Committee on Natural Resources; 1-4 March 27, 2001, reported favorably, as amended, by the following 1-5 vote: Yeas 6, Nays 0; March 27, 2001, sent to printer.) 1-6 COMMITTEE AMENDMENT NO. 1 By: Brown 1-7 Amend S.B. No.1410 as follows: 1-8 On page 1, line 47, strike "December 1, 2001" and substitute 1-9 "January 31, 2002". 1-10 A BILL TO BE ENTITLED 1-11 AN ACT 1-12 relating to crab traps used in the public water of this state and 1-13 to removal requirements for abandoned crab traps. 1-14 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-15 SECTION 1. Subchapter B, Chapter 78, Parks and Wildlife 1-16 Code, is amended by adding Section 78.115 to read as follows: 1-17 Sec. 78.115. CRAB TRAPS; REMOVAL OF ABANDONED TRAPS. 1-18 (a) In this section, "abandoned crab trap" means a crab trap 1-19 located in the public water of this state that is designated as 1-20 abandoned by the commission after the expiration of the seventh day 1-21 of a closed season established by the commission under this 1-22 section. 1-23 (b) The commission may establish a closed season for the use 1-24 of crab traps in the public water of this state. The commission by 1-25 rule shall designate the closed season as not less than 10 days or 1-26 more than 30 days between January 31 and April 1 in years 1-27 designated by the commission. 1-28 (c) The commission shall adopt rules to govern the removal 1-29 and disposal of abandoned crab traps as necessary to enhance: 1-30 (1) enforcement of this chapter; 1-31 (2) the cleanliness of the beds and bottoms of the 1-32 public water of this state; 1-33 (3) boating safety; and 1-34 (4) the conservation and management of crab resources. 1-35 (d) Abandoned crab traps are litter for purposes of Section 1-36 365.011, Health and Safety Code, and are subject to immediate 1-37 removal and disposal. An abandoned crab trap must be disposed of 1-38 in compliance with the Health and Safety Code. Section 12.1105 1-39 does not apply to the removal and disposal of an abandoned crab 1-40 trap under this section. 1-41 (e) A proclamation made by the commission under this section 1-42 prevails over a conflicting commission proclamation made under 1-43 Chapter 47, 61, or 66. 1-44 SECTION 2. This Act takes effect September 1, 2001. The 1-45 Parks and Wildlife Commission shall adopt rules as required under 1-46 Section 78.115, Parks and Wildlife Code, as added by this Act, not 1-47 later than December 1, 2001. 1-48 * * * * *