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.
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