HBA-BSM H.B. 3302 77(R) BILL ANALYSIS Office of House Bill AnalysisH.B. 3302 By: Solis, Jim State Recreational Resources 3/25/2001 Introduced BACKGROUND AND PURPOSE On August, 31, 2000, the Parks and Wildlife Department (department) adopted new regulations for the shrimping industry amidst contention from the shrimping community that the data on which these regulations were based was insufficient and inaccurate, and that the public participation in the rulemaking process had been limited. House Bill 3302 requires the department to return to rules that were in place as of June 30, 2000, and conduct a comprehensive economic impact analysis of all current state and federal regulations on the shrimping industry. 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 of this bill. ANALYSIS House Bill 3302 amends law to provide that on the effective date of this Act, all rules adopted and proclamations issued by the Parks and Wildlife Commission (commission) on or after July 1, 2000 that relate to the regulation of the shrimping industry along the Texas Gulf Coast and in the Gulf of Mexico are repealed, and require the commission to adopt the rules and proclamations relating to the regulation of the shrimping industry that were in effect on June 30, 2000, as emergency rules. Before the emergency rules expire, the commission is required to adopt those rules as the rules relating to the regulation of the shrimping industry. The bill also prohibits the commission from adopting any new rules, issuing new proclamations, or amending existing regulations except as authorized by the legislature or as required for compliance with federal law. The bill requires the Parks and Wildlife Department to conduct a comprehensive economic impact analysis of all current state and federal regulations on the shrimping industry, including an estimate of the economic impact that regulations passed on or after July 1, 2000 would have had if those regulations had remained in effect. The commission is required to deliver the analysis to the legislature, the lieutenant governor, and the governor on or before September 1, 2002. The bill also requires the Parks and Wildlife Department to prepare a comprehensive study of the economic and biological health of the shrimping industry, and to deliver the report to the legislature, the lieutenant governor, and the governor on or before September 1, 2002. EFFECTIVE DATE On passage, or if the Act does not receive the necessary vote, the Act takes effect September 1, 2001.