HBA-BSM S.B. 1410 77(R)    BILL ANALYSIS


Office of House Bill AnalysisS.B. 1410
By: Brown, J. E. "Buster"
State Recreational Resources
4/11/2001
Engrossed



BACKGROUND AND PURPOSE 

Current law authorizes the state's 259 licensed commercial crabbers to run
as many as 200 traps each, but thousands more crab traps are submerged in
the coastal waters of Texas on any given day.  Between 60,000 and 70,000
crab traps may be lost or abandoned annually on the Texas coast, trapping
crabs that are then lost to commercial harvest.  Senate Bill 1410
authorizes the Parks and Wildlife Commission to establish  a closed season
for the use of crab traps, and requires the commission to adopt rules
governing the removal and disposal of abandoned crab traps. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that rulemaking
authority is expressly delegated to the Parks and Wildlife Commission in
SECTION 1 (Section 78.115, Parks and Wildlife Code) and SECTION 2 of this
bill. 

ANALYSIS

Senate Bill 1410 amends the Parks and Wildlife Code to authorize the Parks
and Wildlife Commission (commission) to establish a closed season for the
use of crab traps in the public water of Texas.   The bill requires the
commission not later than January 31, 2002 to designate by rule the closed
season as not less than 10 days or more than 30 days between January 31 and
April 1 in years designated by the commission.  
The bill also requires the commission not later than January 31, 2002 to
adopt rules to govern the removal and disposal of abandoned crab traps as
necessary to enhance: 

 _enforcement of provisions regarding mussels, clams, and crabs;
 
 _the cleanliness of the beds and bottoms of the public water of Texas;
 
 _boating safety; and
 
 _the conservation and management of crab resources.

The bill provides that abandoned crab traps are litter and are subject to
immediate removal and disposal and that provisions regarding seizure and
disposition of unlawful fishing devices do not apply to the removal and
disposal of an abandoned crab trap under this Act.    

EFFECTIVE DATE

September 1, 2001.