SRC-TJG S.B. 1710 78(R)   BILL ANALYSIS


Senate Research Center   S.B. 1710
78R96 MXM-DBy: Wentworth
Natural Resources
4/6/2003
As Filed


DIGEST AND PURPOSE 

Currently, 2,361 miles of bay-estuary-lagoon shoreline of Texas are used
by the commercial shrimping, finfishing, and crabbing fleets.  Bottom
trawling for shrimp scrapes the substrata up which may be harmful to the
habitat of these regions.  Also, commercial fishing activities produce
bycatch, or the catch of non-target species.  As proposed, S.B. 1710
prohibits commercial shrimping, finfishing, and crabbing in the bays of
Texas.   

RULEMAKING AUTHORITY

This bill does not expressly grant any additional rulemaking authority to
a state officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

ARTICLE 1.  PROHIBITION ON COMMERCIAL FINFISHING, CRABBING, AND SHRIMPING
IN TEXAS BAYS AND RELATED WATERS 

SECTION 1.01.  Amends Chapter 47A, Parks and Wildlife Code, by adding
Section 47.005, as follows: 

Sec. 47.005.  COMMERCIAL FINFISHING IN TIDAL WATERS PROHIBITED. Prohibits
a commercial finfish fisherman from catching in the tidal waters of this
state. 

SECTION 1.02.  Amends Chapter 77A, Parks and Wildlife Code, by adding
Section 77.006, as follows: 

Sec. 77.006.  SHRIMPING IN INSIDE WATER PROHIBITED.  (a) Prohibits a
person from catching or assisting in catching shrimp or other edible
aquatic products from the inside water of this state for pay or for the
purpose of sale, barter, or exchange. 

(b) Provides that this section does not apply to a person who operates a
commercial bait shrimp boat that is licensed under this chapter. 

SECTION 1.03.  Amends Chapter 78B, Parks and Wildlife Code, by adding
Section 78.1025, as follows: 

Sec. 78.1025.  CRABBING IN INSIDE WATER PROHIBITED.  (a) Defines "inside
water." 

(b) Prohibits a person from engaging in commercial crab fishing in the
inside water of this state. 

ARTICLE 2.  CONFORMING AMENDMENTS; REPEALER

SECTION 2.01.  Amends Section 11.032(b), Parks and Wildlife Code, to make
a conforming change. 

SECTION 2.02.  Amends Section 77.112, Parks and Wildlife Code, as follows:
 
Sec. 77.112.  New heading: ISSUANCE AND RENEWAL OF COMMERCIAL BAIT SHRIMP
BOAT LICENSES.  Deletes existing term "BAY" from the heading. 

(a) Deletes existing text related to commercial bay shrimp boat licenses.
Makes a conforming change. 

(b)-(d) Make conforming changes.

SECTION 2.03.  Amends Section 77.113, Parks and Wildlife Code, to make
conforming changes. 

SECTION 2.04.  Amends Section 77.114, Parks and Wildlife Code, as follows:

(a) and (b) Make conforming changes.

(c) Requires a person other than an individual who wishes to retain or
seeks to renew a commercial bait shrimp boat license, rather than either
type, to designate an individual to whom the license will be issued.
Makes a conforming change. 

SECTION 2.05.  Amends Section 77.115, Parks and Wildlife Code, to make a
conforming change. 

SECTION 2.06.  Amends Sections 77.116(a), (b), and (d), Parks and Wildlife
Code, to make conforming changes. 

SECTION 2.07.  Amends Sections 77.117(a), (c), and (d), Parks and Wildlife
Code, to make conforming changes. 

SECTION 2.08.  Amends Sections 77.118(a), (b), (c), and (e), Parks and
Wildlife Code, to make conforming changes. 

SECTION 2.09.  Repealer: Sections 47.081, 77.001(7), 77.031, 77.119,
77.120, and 78.111, Parks and Wildlife Code. 

ARTICLE 3.  TRANSITION

SECTION 3.01.  Provides that a license issued under Section 77.031, Parks
and Wildlife Code, is no longer in effect, on the effective date of this
Act. 

SECTION 3.02.  Makes application of the repeal by this Act of Section
77.031, Parks and Wildlife Code, prospective. 

SECTION 3.03.  Makes application of this Act prospective.

SECTION 3.04.  Requires any unobligated amount in the shrimp license
buyback account on December 31, 2004, to be transferred on January 1,
2005, to an undedicated part of the game, fish, and water safety code. 

ARTICLE 4.  EFFECTIVE DATE OF ACT

SECTION 4.01.  Effective date: January 1, 2005.