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A BILL TO BE ENTITLED
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AN ACT
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relating to the unlawful sale or purchase of shark fins or shark fin |
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products; creating a criminal offense. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 66.2161, Parks and Wildlife Code, is |
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amended to read as follows: |
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Sec. 66.2161. SALE OR PURCHASE OF SHARK FINS OR SHARK FIN |
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PRODUCTS; OFFENSE. (a) In this section: |
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(1) "Destroy" means, with respect to a shark fin, to |
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denature the fin for the purpose of rendering the fin inedible. |
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(2) "Place of business" has the meaning assigned by |
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Section 47.001. |
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(3) "Sale" includes barter and exchange. |
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(4) "Shark" means any species of the subclass |
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Elasmobranchii. |
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(5) [(2)] "Shark fin" means the fresh and uncooked, or |
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cooked, frozen, dried, or otherwise processed, detached fin or tail |
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of a shark. |
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(b) A person may process in a place of business or |
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restaurant a shark carcass into steaks or fillets only if: |
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(1) the steaks and fillets do not contain any portion |
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of a shark fin; and |
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(2) each of the shark's fins is destroyed and discarded |
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in the manner prescribed by the department immediately on detaching |
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the fins from the remainder of the carcass. |
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(c) A person commits an offense if the person: |
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(1) fails to immediately destroy and discard a shark |
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fin as required by Subsection (b) or otherwise violates that |
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subsection; |
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(2) buys or offers to buy, sells or offers to sell, |
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possesses [may not buy or offer to buy, sell or offer to sell, |
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possess] for the purpose of sale, transports or ships [transport, |
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or ship] for the purpose of sale, or advertises for sale [barter, or |
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exchange] a shark fin regardless of where the shark was taken or |
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caught; or |
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(3) violates a proclamation or rule adopted under this |
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section. |
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(d) Except as provided by Subsection (e), an offense under |
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this section is a Class B Parks and Wildlife Code misdemeanor. |
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(e) An offense under this section is a Class A Parks and |
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Wildlife Code misdemeanor if it is shown on the trial of the offense |
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that the defendant has previously been convicted of an offense |
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under this section during the five-year period preceding the date |
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of the trial of the current offense. |
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(f) Each shark fin a person purchases or possesses for the |
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purpose of sale in violation of this section constitutes a separate |
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offense. |
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(g) For purposes of Subsection (c)(2), proof that the |
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person possessed a shark fin, other than a shark fin that has been |
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destroyed, in a place of business or restaurant or on any commercial |
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vessel on the waters of this state is prima facie evidence that the |
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person possessed the shark fin for the purpose of sale. |
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(h) For purposes of Subsection (c)(2), proof that the |
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person advertised for sale a shark fin, a product containing shark |
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fin, or a product represented to be or to contain shark fin is prima |
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facie evidence that the person offered a shark fin for sale. |
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[(c) A person may buy or offer to buy, sell or offer to sell, |
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possess for the purpose of sale, transport, or ship for the purpose |
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of sale, barter, or exchange a shark carcass that retains all of its |
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fins naturally attached to the carcass through some portion of |
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uncut skin.] |
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(i) [(d)] Notwithstanding Subsection (c)(2) [(b)], the |
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department may issue a permit for the possession, transport, sale, |
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or purchase of shark fins for a bona fide scientific research |
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purpose. Subsection (c)(2) does not apply to a person who |
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possesses, transports, sells, or purchases a shark fin in |
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accordance with a permit issued under this subsection. |
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(j) [(e)] When a person is charged with an offense under |
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[violating] this section, the warden or other peace officer shall |
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seize and hold [the shark fin] as evidence the shark fin, product |
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containing shark fin, or product represented to be or to contain |
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shark fin. Notwithstanding Section 12.109, on a final court |
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ruling, the department shall destroy the shark fin, product |
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containing shark fin, or product represented to be or to contain |
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shark fin. |
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(k) The commission may adopt rules as necessary to |
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administer this section. |
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[(f) A person may possess a shark fin if: |
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[(1) the person holds the appropriate state or federal |
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license or permit authorizing the taking or landing of a shark for |
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recreational or commercial purposes; |
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[(2) the shark fin is taken from a shark that the |
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person has taken or landed; and |
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[(3) the shark fin is taken in a manner consistent with |
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the person's license.] |
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SECTION 2. Sections 66.218(c) and (d), Parks and Wildlife |
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Code, are repealed. |
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SECTION 3. The changes in law made by this Act apply only to |
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an offense committed on or after the effective date of this Act. An |
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offense committed before the effective date of this Act is governed |
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by the law in effect on the date the offense was committed, and the |
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former law is continued in effect for that purpose. For purposes of |
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this section, an offense was committed before the effective date of |
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this Act if any element of the offense occurred before that date. |
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SECTION 4. This Act takes effect September 1, 2023. |
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* * * * * |