1-1 By: Oliveira (Senate Sponsor - Lucio) H.B. No. 1643
1-2 (In the Senate - Received from the House May 10, 1993;
1-3 May 12, 1993, read first time and referred to Committee on Natural
1-4 Resources; May 25, 1993, reported favorably, as amended, by the
1-5 following vote: Yeas 8, Nays 0; May 25, 1993, sent to printer.)
1-6 COMMITTEE VOTE
1-7 Yea Nay PNV Absent
1-8 Sims x
1-9 Truan x
1-10 Armbrister x
1-11 Barrientos x
1-12 Bivins x
1-13 Brown x
1-14 Carriker x
1-15 Lucio x
1-16 Montford x
1-17 Ratliff x
1-18 Shelley x
1-19 COMMITTEE AMENDMENT NO. 1 By: Lucio
1-20 Amend H.B. 1643 as follows:
1-21 1.) Page 1, line 45 and 46, delete ", other than a common
1-22 carrier shipping under Interstate Commerce Commission rules,"
1-23 2.) Page 1, line 49, after "subchapter." insert This
1-24 subsection has no application to a common carrier shipping under
1-25 Interstate Commerce Rules.
1-26 3.) Page 1, line 50 and 51, delete ", other than a common
1-27 carrier shipping under Interstate Commerce Commission rules,"
1-28 4.) Page 1, line 54, after "license." insert This
1-29 subsection has no application to a common carrier shipping under
1-30 Interstate Commerce Rules.
1-31 5.) Page 3, line 28, insert the following
1-32 (b) No person may ship finfish in individual packages that
1-33 contain more than one species of aquatic life. This subsection
1-34 does not apply to finfish shipped into the state through an
1-35 international port of entry by truck and consigned to a wholesale
1-36 fish dealer that is located less than 30 miles from the
1-37 Texas-Mexico Border. The exemption provided by this subsection
1-38 does not exempt the business from inspection under this chapter.
1-39 A BILL TO BE ENTITLED
1-40 AN ACT
1-41 relating to the commercial transportation of aquatic products.
1-42 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-43 SECTION 1. Sections 47.018(a) and (c), Parks and Wildlife
1-44 Code, are amended to read as follows:
1-45 (a) No person, other than a common carrier shipping under
1-46 Interstate Commerce Commission rules, may bring into this state and
1-47 deliver aquatic products for any commercial purpose unless he has
1-48 obtained a wholesale fish dealer's license or a retail fish
1-49 dealer's license issued under this subchapter.
1-50 (c) No person, other than a common carrier shipping under
1-51 Interstate Commerce Commission rules, may transport aquatic
1-52 products out of this state for commercial purposes unless the
1-53 transporter first obtains a wholesale fish dealer's license or a
1-54 retail fish dealer's license.
1-55 SECTION 2. Section 47.0181, Parks and Wildlife Code, is
1-56 amended to read as follows:
1-57 Sec. 47.0181. AQUATIC PRODUCT TRANSPORTATION DOCUMENTS
1-58 <INVOICES>. (a) No person, except a commercial fisherman licensed
1-59 to take aquatic products from Texas waters transporting the
1-60 fisherman's own catch within this state, may transport aquatic
1-61 products for commercial purposes, regardless of origin or
1-62 destination, without a document <an invoice> containing the
1-63 following information correctly stated and legibly written:
1-64 (1) the document <invoice> number;
1-65 (2) the date of shipment;
1-66 (3) the name and physical address of shipper;
1-67 (4) the name and physical address of receiver;
1-68 (5) the license number of shipper; and
2-1 (6) the quantity of aquatic products contained in the
2-2 shipment described as follows:<;>
2-3 (A) finfish by species and by<,> number or <and>
2-4 weight;<,>
2-5 (B) oysters by volume;<,> and
2-6 (C) <all> other aquatic products by weight.
2-7 (b) Aquatic product transportation documents <invoices> must
2-8 be prepared by the shipper and copies retained on file by both
2-9 shipper and receiver for at least one year from the date of
2-10 shipment. The shipper shall sequentially number the documents
2-11 <invoices> during each license period. No document <invoice>
2-12 number may be used twice during any one license period by an
2-13 individual licensee.
2-14 SECTION 3. Section 47.0182(a), Parks and Wildlife Code, is
2-15 amended to read as follows:
2-16 (a) Each container of aquatic products shipped for
2-17 commercial purposes must have a label attached to the outside
2-18 listing the kind and weight of the aquatic product contained in the
2-19 package, <following information> correctly stated and legibly
2-20 written<:>
2-21 <(1) the aquatic product transportation invoice number
2-22 of the shipment of which the container is a part; and>
2-23 <(2) the kind and weight of aquatic product>.
2-24 SECTION 4. The importance of this legislation and the
2-25 crowded condition of the calendars in both houses create an
2-26 emergency and an imperative public necessity that the
2-27 constitutional rule requiring bills to be read on three several
2-28 days in each house be suspended, and this rule is hereby suspended.
2-29 * * * * *
2-30 Austin,
2-31 Texas
2-32 May 25, 1993
2-33 Hon. Bob Bullock
2-34 President of the Senate
2-35 Sir:
2-36 We, your Committee on Natural Resources to which was referred H.B.
2-37 No. 1643, have had the same under consideration, and I am
2-38 instructed to report it back to the Senate with the recommendation
2-39 that it do pass, as amended, and be printed.
2-40 Sims,
2-41 Chairman
2-42 * * * * *
2-43 WITNESSES
2-44 FOR AGAINST ON
2-45 ___________________________________________________________________
2-46 Name: James Pace x
2-47 Representing: Pace Fish W/Tx Seafood Coaliti
2-48 City: Brownsville
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2-50 Name: James Robertson x
2-51 Representing: Tx Parks and Wildlife
2-52 City: Austin
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