H.B. No. 1659
    1-1                                AN ACT
    1-2  relating to the issuing of commercial/business licenses and permits
    1-3  by the Texas Parks and Wildlife Department.
    1-4        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-5        SECTION 1.  Section 44.003, Parks and Wildlife Code, is
    1-6  amended to read as follows:
    1-7        Sec. 44.003.  GAME BREEDER'S LICENSE.  The department shall
    1-8  issue a game breeder's license on payment of a license fee of $10
    1-9  or an amount set by the commission, whichever amount is more.  The
   1-10  license is valid for a yearly period <of one year following the
   1-11  date of its issuance>.  Each yearly period begins on September 1 of
   1-12  a year and extends through August 31 of the next year.
   1-13        SECTION 2.  Section 44.007, Parks and Wildlife Code, is
   1-14  amended to read as follows:
   1-15        Sec. 44.007.  RECORDS.  (a)  Each game breeder shall keep a
   1-16  written record in a suitably bound book for the period from August
   1-17  1 <the date of license issuance> until the following July 31
   1-18  <September 1> containing:
   1-19              (1)  the number and source of each kind of game animal
   1-20  on hand at the time the license is issued;
   1-21              (2)  the number, source, and date of receipt of each
   1-22  kind of game animal on hand at any time after the license is
   1-23  obtained; <and>
    2-1              (3)  the number of each kind of game animal shipped or
    2-2  delivered, the date of shipment or delivery, and the name and
    2-3  address of persons to whom the shipment or delivery is made; and
    2-4              (4)  any other information determined by the commission
    2-5  to be necessary to enforce the provisions of this chapter.
    2-6        (b)  During August of each year, but before August 31, a game
    2-7  breeder shall send to the department a report showing the
    2-8  information required by this section.
    2-9        SECTION 3.  Section 45.002(c), Parks and Wildlife Code, is
   2-10  amended to read as follows:
   2-11        (c)  A license is valid for a yearly period <one year from
   2-12  the date of its issuance>.  Each yearly period begins on September
   2-13  1 of a year and extends through August 31 of the next year.
   2-14        SECTION 4.  Section 45.008(b), Parks and Wildlife Code, is
   2-15  amended to read as follows:
   2-16        (b)  During August of each year, but before August 31, a
   2-17  commercial game bird breeder shall send to the department a report
   2-18  showing the total number of game birds in the possession of the
   2-19  breeder during the reporting period <previous year> and accounting
   2-20  for the acquisition and disposition of each game bird.  The
   2-21  reporting period is from August 1 of the preceding year through
   2-22  July 31 of the current year.
   2-23        SECTION 5.  Section 47.001(1), Parks and Wildlife Code, is
   2-24  amended to read as follows:
   2-25              (1)  "Commercial fisherman" means a person who catches
    3-1  <edible> aquatic products except shrimp taken with a license issued
    3-2  under the authority of Chapter 77 of this code or oysters taken
    3-3  from the water of this state for pay or for the purpose of sale,
    3-4  barter, or exchange or any other commercial purpose.
    3-5        SECTION 6.  Section 47.001(6), Parks and Wildlife Code, is
    3-6  amended to read as follows:
    3-7              (6)  "Fishing <Fish> guide" means a person who operates
    3-8  a boat for compensation to accompany or to transport a person or
    3-9  persons engaged in fishing in the water of this state.
   3-10        SECTION 7.  Section 47.004, Parks and Wildlife Code, is
   3-11  amended to read as follows:
   3-12        Sec. 47.004.  FISHING <FISH> GUIDE LICENSE.  (a)  No person
   3-13  may engage in business as a fishing <fish> guide unless the person
   3-14  <he> has obtained a fishing <fish> guide license.
   3-15        (b)  The license fee for a fishing <fish> guide license is
   3-16  $50 or an amount set by the commission, whichever amount is more.
   3-17        SECTION 8.  Section 47.007(a), Parks and Wildlife Code, is
   3-18  amended to read as follows:
   3-19        (a)  No person may use a vessel required to be numbered or
   3-20  registered under the laws of this state or the United States for
   3-21  the purpose of catching or assisting in catching aquatic products
   3-22  except shrimp, oysters, or menhaden, from the waters of this state,
   3-23  or have on board a vessel, or unload, or allow to be unloaded at a
   3-24  port or point in this state, edible aquatic products caught or
   3-25  taken from salt water outside the state without having been
    4-1  previously unloaded in some other state or foreign country, for pay
    4-2  or for the purpose of sale, barter, exchange, or any other
    4-3  commercial purpose unless the vessel is licensed as a commercial
    4-4  fishing boat and has a commercial fishing boat number affixed to
    4-5  it.
    4-6        SECTION 9.  Section 47.007(d), Parks and Wildlife Code, is
    4-7  amended to read as follows:
    4-8        (d)  An applicant for a commercial fishing <fish> boat
    4-9  license, which is not a renewal of the previous year's license,
   4-10  must submit to the department the vessel's United States Coast
   4-11  Guard Certificate of Documentation or Texas' or other state's
   4-12  Certificate of Number for a motorboat.  The license issued by the
   4-13  department must contain:
   4-14              (1)  the name of the boat if the boat is registered
   4-15  with the United States Coast Guard; and
   4-16              (2)  the number appearing on the United States Coast
   4-17  Guard Certificate of Documentation or <of> Texas' or other state's
   4-18  Certificate of Number.
   4-19        SECTION 10.  Section 47.008(b), Parks and Wildlife Code, is
   4-20  amended to read as follows:
   4-21        (b)  The license fee for each menhaden boat is $2,000 <a
   4-22  year> or an amount set by the commission, whichever amount is more,
   4-23  for each yearly period.
   4-24        SECTION 11.  Section 47.0091, Parks and Wildlife Code, is
   4-25  amended to read as follows:
    5-1        Sec. 47.0091.  PURCHASE OF AQUATIC PRODUCTS BY WHOLESALE FISH
    5-2  DEALERS.  No wholesale fish dealer may purchase for resale or
    5-3  receive for sale, barter, exchange, or any other commercial purpose
    5-4  any aquatic product from any person or entity in this state unless
    5-5  he purchases the product from the holder of:
    5-6              (1)  a general commercial fisherman's license;
    5-7              (2)  a commercial oyster fisherman's license;
    5-8              (3)  a commercial oyster boat license;
    5-9              (4)  a wholesale fish dealer's license; <or>
   5-10              (5)  a fish farmer's license;
   5-11              (6)  a commercial shrimp boat license; or
   5-12              (7)  a commercial oyster boat captain's license.
   5-13        SECTION 12.  Section 47.0111, Parks and Wildlife Code, is
   5-14  amended to read as follows:
   5-15        Sec. 47.0111.  PURCHASE OF AQUATIC PRODUCTS BY RETAIL FISH
   5-16  DEALERS.  No retail fish dealer may purchase for resale or receive
   5-17  for sale, barter, exchange, or any other commercial purposes any
   5-18  aquatic products from any person or entity in this state unless he
   5-19  purchases the product from the holder of:
   5-20              (1)  a wholesale fish dealer's license;
   5-21              (2)  a general commercial fisherman's license or a
   5-22  commercial shrimp boat license when the retail fish dealer has
   5-23  given written notification to the executive director of the
   5-24  department or his designee of the dealer's intent to purchase
   5-25  aquatic products from the holder of a general commercial
    6-1  fisherman's license or a commercial shrimp boat license; or
    6-2              (3)  a fish farmer's license.
    6-3        SECTION 13.  Section 47.012, Parks and Wildlife Code, is
    6-4  amended to read as follows:
    6-5        Sec. 47.012.  PURCHASE OF AQUATIC PRODUCTS BY RESTAURANT
    6-6  OWNER, OPERATOR, OR EMPLOYEE.  No restaurant owner, operator, or
    6-7  employee may purchase for consumption by the restaurant's patrons
    6-8  on the restaurant's premises any aquatic product from any person or
    6-9  entity in this state unless the person purchases the aquatic
   6-10  product from the holder of:
   6-11              (1)  a wholesale fish dealer's license;
   6-12              (2)  a general commercial fisherman's license; <or>
   6-13              (3)  a fish farmer's license; or
   6-14              (4)  a commercial shrimp boat license.
   6-15        SECTION 14.  Section 47.031, Parks and Wildlife Code, is
   6-16  amended to read as follows:
   6-17        Sec. 47.031.  EXPIRATION OF LICENSES.  (a)  All licenses and
   6-18  permits issued under the authority of Chapter 47 of this code are
   6-19  valid only during the yearly period for which they are issued
   6-20  without regard to the date on which the licenses are acquired.
   6-21  Each yearly period begins on September 1 of a year and extends
   6-22  through August 31 of the next year <Except as provided in
   6-23  Subsections (b) and (c) of this section, all licenses issued under
   6-24  this chapter expire August 31 following the date of issuance>.
   6-25        (b)  All licenses and permits issued under the authority of
    7-1  Chapter 47 of this code may not be transferred to another person
    7-2  except that a license issued in the name of a business shall remain
    7-3  valid for the business location specified on the license or permit
    7-4  if a change of ownership and/or business name occurs.  A license
    7-5  issued under the authority of Section 47.009 or 47.011 or 47.014 or
    7-6  47.016 may be transferred to a new address if the business moves to
    7-7  another location.  A license issued under the authority of Section
    7-8  47.010 or 47.013 may be transferred to another vehicle or to a new
    7-9  owner of the same vehicle.  The commission, by regulation, may
   7-10  prescribe requirements necessary to clarify license and permit
   7-11  transfer procedures and may prescribe, by regulation, forms to be
   7-12  used and fees to be charged for transfer of licenses and permits in
   7-13  this chapter and for duplicate license plates and duplicate or
   7-14  replacement licenses and permits <A menhaden boat license expires
   7-15  one year from the date of issuance>.
   7-16        <(c)  A menhaden fish plant license expires one year from the
   7-17  date of issuance.>
   7-18        SECTION 15.  Chapter 66, Subchapter A, Parks and Wildlife
   7-19  Code, is amended by adding Section 66.017 to read as follows:
   7-20        Sec. 66.017.  LICENSE, TAG, AND PERMIT EXPIRATIONS AND
   7-21  TRANSFERS.  (a)  All licenses, tags, and permits issued under the
   7-22  authority of Chapter 66 of this code are valid only during the
   7-23  yearly period for which they are issued without regard to the date
   7-24  on which the licenses are acquired.  Each yearly period begins on
   7-25  September 1 of a year and extends through August 31 of the next
    8-1  year.
    8-2        (b)  All licenses, tags, and permits issued under the
    8-3  authority of Chapter 66 of this code may not be transferred to
    8-4  another person except that a license issued in the name of a
    8-5  business shall remain valid for the business location specified on
    8-6  the license or permit if a change of ownership and/or business name
    8-7  occurs.  A license issued under the authority of Section 66.020(e)
    8-8  may be transferred to a new address if the business moves to
    8-9  another location.  The commission, by regulation, may prescribe
   8-10  requirements necessary to clarify license and permit transfer
   8-11  procedures and may prescribe, by regulation, forms to be used and
   8-12  fees to be charged for transfer of licenses and permits in this
   8-13  chapter and for duplicate or replacement licenses, tags, and
   8-14  permits.
   8-15        SECTION 16.  Section 76.101, Parks and Wildlife Code, is
   8-16  amended to read as follows:
   8-17        Sec. 76.101.  Oyster Licenses Required.  (a)  No person may
   8-18  take or attempt to take oysters from the public water of this state
   8-19  for noncommercial use by the use of a dredge or tongs without first
   8-20  having acquired a sport <sports> oyster boat license from the
   8-21  department.
   8-22        (b)  Except as provided in Subsection (d) of this section, no
   8-23  person may take or attempt to take oysters from the public water of
   8-24  this state for pay or for the purpose of sale, barter, or exchange
   8-25  or any other commercial purpose without first having acquired from
    9-1  the department a commercial oyster fisherman's license.
    9-2        (c)  No person may take or attempt to take oysters from the
    9-3  public water of this state by the use of a dredge, tongs, or other
    9-4  mechanical means, or by the use of a boat or other vessel for pay,
    9-5  or for the purpose of sale, barter, or exchange or any other
    9-6  commercial purpose without first having acquired from the
    9-7  department a commercial oyster boat license.
    9-8        (d)  The captain and crew of a licensed commercial oyster
    9-9  boat are not required to have commercial oyster fisherman's
   9-10  licenses to take oysters while they are on a licensed boat that is
   9-11  being used to take oysters.
   9-12        (e)  The captain and each crew member of a licensed
   9-13  commercial oyster boat, each person on a licensed sport <sports>
   9-14  oyster boat, and each person oystering under a commercial oyster
   9-15  fisherman's license must possess and produce on request to any
   9-16  enforcement officer proof of the person's identity.
   9-17        (f)  The captain of a commercial oyster boat must hold a
   9-18  valid commercial oyster boat captain's license to operate a
   9-19  commercial oyster boat while taking or attempting to take oysters
   9-20  from the public water of this state.
   9-21        SECTION 17.  Section 76.102, Parks and Wildlife Code, is
   9-22  amended to read as follows:
   9-23        Sec. 76.102.  LICENSE APPLICATION.  (a)  An applicant for an
   9-24  oyster boat license, which is not a renewal of the previous year's
   9-25  license, issued under this subchapter must submit to the department
   10-1  the boat's United States Coast Guard certificate of documentation
   10-2  or Texas' or other state's certificate of number for a motorboat.
   10-3        (b)  The license issued by the department must contain:
   10-4              (1)  the name of the boat if the boat is registered
   10-5  with the United States Coast Guard; and
   10-6              (2)  the number appearing on the United States Coast
   10-7  Guard certificate of documentation or Texas' or other state's
   10-8  certificate of number.
   10-9        SECTION 18.  Section 76.103, Parks and Wildlife Code, is
  10-10  amended to read as follows:
  10-11        Sec. 76.103.  TYPES OF LICENSES; PERIOD OF VALIDITY.  <(a)
  10-12  Only from August 1 through August 31, the department may issue
  10-13  commercial oyster boat licenses, sports oyster boat licenses, and
  10-14  commercial oyster fisherman's licenses, except that vessels
  10-15  purchased or constructed after August 31 of a year may be licensed
  10-16  for that license year at any time before August 1 of the next year.>
  10-17        <(b)>  A commercial oyster boat license, commercial oyster
  10-18  boat captain's license, sport <sports> oyster boat license, or
  10-19  commercial oyster fisherman's license expires on August 31 of the
  10-20  yearly period for which it is issued.
  10-21        SECTION 19.  Chapter 76, Subchapter C, Parks and Wildlife
  10-22  Code, is amended by adding Section 76.1031 to read as follows:
  10-23        Sec. 76.1031.  LICENSE EXPIRATIONS AND TRANSFERS.  (a)  All
  10-24  licenses issued under the authority of Chapter 76 of this code are
  10-25  valid only during the yearly period for which they are issued
   11-1  without regard to the date on which the licenses are acquired.
   11-2  Each yearly period begins on September 1 of a year and extends
   11-3  through August 31 of the next year.
   11-4        (b)  All licenses issued under the authority of Chapter 76 of
   11-5  this code may not be transferred to another person or vessel except
   11-6  as provided by this subsection.  The commission, by regulation, may
   11-7  prescribe requirements necessary to clarify license transfer
   11-8  procedures and may prescribe, by regulation, forms to be used and
   11-9  fees to be charged for transfer of licenses in this chapter and for
  11-10  duplicate license plates or duplicate or replacement licenses.
  11-11        SECTION 20.  Section 76.104, Parks and Wildlife Code, is
  11-12  amended to read as follows:
  11-13        Sec. 76.104.  License Fees.  (a) Except as provided by
  11-14  Subsection (e) <(d)> of this section, the fee for a commercial
  11-15  oyster boat license is $350 or an amount set by the commission,
  11-16  whichever amount is more.
  11-17        (b)  Except as provided by Subsection (f) <(e)> of this
  11-18  section, the fee for a sport <sports> oyster boat license is $10 or
  11-19  an amount set by the commission, whichever amount is more.
  11-20        (c)  Except as provided by Subsection (g) <(f)> of this
  11-21  section, the fee for a commercial oyster fisherman's license is
  11-22  $100 or an amount set by the commission, whichever amount is more.
  11-23  The definition for "resident" for this subsection is the same as
  11-24  the resident definition in Section 47.001 of this code.
  11-25        (d)  Except as provided by Subsection (h) of this section,
   12-1  the fee for a commercial oyster boat captain's license is $25 or an
   12-2  amount set by the commission, whichever amount is more.  The
   12-3  definition for "resident" for this subsection is the same as the
   12-4  resident definition in Section 47.001 of this code.
   12-5        (e) <(d)>  The fee for a commercial oyster boat license for a
   12-6  boat that is not numbered under Chapter 31 of this code or does not
   12-7  have a certificate of documentation issued by the United States
   12-8  Coast Guard that lists a home port in this state is $1,400 or an
   12-9  amount set by the commission, whichever amount is more.
  12-10        (f) <(e)>  The fee for a sport <sports> oyster boat license
  12-11  for a boat that is not numbered under Chapter 31 of this code or
  12-12  does not have a certificate of documentation issued by the United
  12-13  States Coast Guard that lists a home port in this state is $40 or
  12-14  an amount set by the commission, whichever amount is more.
  12-15        (g) <(f)>  The fee for a nonresident commercial oyster
  12-16  fisherman's license is $250 or an amount set by the commission,
  12-17  whichever amount is more.  The definition for "nonresident" for
  12-18  this subsection is the same as the nonresident definition in
  12-19  Section 47.001 of this code.
  12-20        (h)  The fee for a nonresident commercial oyster boat
  12-21  captain's license is $100 or an amount set by the commission,
  12-22  whichever amount is more.  The definition for "nonresident" for
  12-23  this subsection is the same as the nonresident definition in
  12-24  Section 47.001 of this code.
  12-25        SECTION 21.  Section 76.1041(b), Parks and Wildlife Code, is
   13-1  amended to read as follows:
   13-2        (b)  A commercial oyster boat license issued under this
   13-3  subchapter must be a metal or plastic sign or emblem <at least 32
   13-4  square inches in> of sufficient size to allow enforcement of this
   13-5  chapter and have a different color or design for each license
   13-6  period.
   13-7        SECTION 22.  Section 76.105(b), Parks and Wildlife Code, is
   13-8  amended to read as follows:
   13-9        (b)  No operator of a sport <sports> oyster boat may use more
  13-10  than one dredge, which may not exceed 14 inches in width.
  13-11        SECTION 23.  Section 76.107, Parks and Wildlife Code, is
  13-12  amended to read as follows:
  13-13        Sec. 76.107.  SALE OF SPORT <SPORTS> OYSTERS PROHIBITED.  No
  13-14  person may sell oysters taken under the authority of a sport
  13-15  <sports> oyster boat license.
  13-16        SECTION 24.  Section 76.111(c), Parks and Wildlife Code, is
  13-17  amended to read as follows:
  13-18        (c)  Possession by a holder of a sport <sports> oyster boat
  13-19  license of more than one barrel of oysters is prima facie evidence
  13-20  that the oysters were harvested for pay, sale, barter, or exchange
  13-21  or other commercial purpose.
  13-22        SECTION 25.  Sections 77.031(b), (c), (d), (e), and (f),
  13-23  Parks and Wildlife Code, are amended to read as follows:
  13-24        (b)  The fee for a commercial bay shrimp boat license is $170
  13-25  <$80> or an amount set by the commission, whichever amount is more.
   14-1  The executive director may set a fee lower than $170 for licenses
   14-2  issued from December 16, 1993, through August 31, 1994, and which
   14-3  expire on August 31, 1994.
   14-4        <(c)  A commercial bay shrimp boat license expires on March 1
   14-5  of the year following the date of issuance.>
   14-6        (c) <(d)>  An applicant for a commercial bay shrimp boat
   14-7  license must submit to the department an affidavit that the
   14-8  applicant intends to derive the major portion of his livelihood
   14-9  from the commercial fishery and that he will maintain adequate
  14-10  facilities to conduct the business.
  14-11        <(e)  Except as provided in Section 77.0371 of this code, not
  14-12  more than one commercial bay shrimp boat license may be issued to a
  14-13  boat during the licensing period.>
  14-14        (d) <(f)>  The fee for a commercial bay shrimp boat license
  14-15  for a boat that is not numbered under Chapter 31 of this code or
  14-16  does not have a certificate of documentation issued by the United
  14-17  States Coast Guard that lists a home port in this state is $500
  14-18  <$320> or an amount set by the commission, whichever amount is
  14-19  more.
  14-20        SECTION 26.  Sections 77.033(b), (c), (d), and (e), Parks and
  14-21  Wildlife Code, are amended to read as follows:
  14-22        (b)  The fee for a commercial bait-shrimp boat license is
  14-23  $170 <$80> or an amount set by the commission, whichever amount is
  14-24  more.
  14-25        <(c)  A commercial bait-shrimp boat license expires August 31
   15-1  following the date of issuance.>
   15-2        <(d)  Not more than one commercial bait-shrimp boat license
   15-3  may be issued to a boat during for each licensing period.>
   15-4        (c) <(e)>  The fee for a commercial bait-shrimp boat license
   15-5  for a boat that is not numbered under Chapter 31 of this code or
   15-6  does not have a certificate of documentation issued by the United
   15-7  States Coast Guard that lists a home port in this state is $500
   15-8  <$320> or an amount set by the commission, whichever amount is
   15-9  more.
  15-10        SECTION 27.  Sections 77.035(b), (c), (d), and (e), Parks and
  15-11  Wildlife Code, are amended to read as follows:
  15-12        (b)  The fee for a commercial gulf shrimp boat license is
  15-13  $250 <$100> or an amount set by the commission, whichever amount is
  15-14  more.
  15-15        <(c)  The commercial gulf shrimp boat license expires August
  15-16  31 following the date of issuance.>
  15-17        <(d)  Except as provided in Section 77.0371 of this code, not
  15-18  more than one commercial gulf shrimp boat license may be issued to
  15-19  a boat during the licensing period.>
  15-20        (c) <(e)>  The fee for a commercial gulf shrimp boat license
  15-21  for a boat that is not numbered under Chapter 31 of this code or
  15-22  does not have a certificate of documentation issued by the United
  15-23  States Coast Guard that lists a home port in this state is $1,000
  15-24  <$200> or an amount set by the commission, whichever amount is
  15-25  more.
   16-1        SECTION 28.  Section 77.036, Parks and Wildlife Code, is
   16-2  amended to read as follows:
   16-3        Sec. 77.036.  OFFICIAL REGISTRATION.  (a)  An applicant for a
   16-4  commercial shrimp boat license, which is not a renewal of the
   16-5  previous year's license, issued under this subchapter must submit
   16-6  to the department the boat's United States Coast Guard certificate
   16-7  of documentation or the Texas certificate of number for a motorboat
   16-8  or other state's certificate of number for a motorboat.
   16-9        (b)  The certificate of license issued by the department for
  16-10  a commercial shrimp boat must contain the name of the boat if the
  16-11  boat is registered with the United States Coast Guard and the
  16-12  number appearing on the United States Coast Guard certificate of
  16-13  documentation or the Texas or other state's certificate of number.
  16-14        SECTION 29.  Chapter 77, Subchapter C, Parks and Wildlife
  16-15  Code, is amended by adding Section 77.0361 to read as follows:
  16-16        Sec. 77.0361.  LICENSE EXPIRATIONS AND TRANSFERS.  (a)  All
  16-17  licenses issued under the authority of Chapter 77 of this code are
  16-18  valid only during the yearly period for which they are issued
  16-19  without regard to the date on which the licenses are acquired.
  16-20  Each yearly period begins on September 1 of a year and extends
  16-21  through August 31 of the next year.
  16-22        (b)  Commercial bay shrimp boat licenses issued from the
  16-23  effective date of this section until December 15, 1993, shall
  16-24  expire on March 1, 1994, and licenses issued from December 16,
  16-25  1993, through August 31, 1994, shall expire on August 31, 1994.
   17-1        (c)  All licenses issued under the authority of Chapter 77 of
   17-2  this code may not be transferred to another person or vessel except
   17-3  as provided by this subsection.  The commission, by regulation, may
   17-4  prescribe requirements necessary for license transfers and may
   17-5  prescribe, by regulation, forms to be used and fees to be charged
   17-6  for transfers of licenses in this chapter and for duplicate license
   17-7  plates and/or duplicate or replacement licenses.
   17-8        SECTION 30.  Section 77.037, Parks and Wildlife Code, is
   17-9  amended to read as follows:
  17-10        Sec. 77.037.  TRANSFER OF LICENSE.  A commercial shrimp boat
  17-11  license issued under this subchapter may be transferred on the
  17-12  application of the licensee <only> from a boat that has been
  17-13  destroyed or lost to a boat acquired by the licensee as a
  17-14  replacement.  The commission, by regulation, may prescribe
  17-15  requirements necessary to clarify license transfer procedures and
  17-16  may prescribe, by regulation, forms to be used and fees to be
  17-17  charged for transfer of licenses authorized by this subsection.
  17-18        SECTION 31.  Section 77.040, Parks and Wildlife Code, is
  17-19  amended to read as follows:
  17-20        Sec. 77.040.  OTHER LICENSES REQUIRED.  (a)  A person holding
  17-21  a commercial shrimp boat license under this subchapter is not
  17-22  required to obtain a commercial fishing boat license under Section
  17-23  47.007 of this code.
  17-24        (b)  The captain and each paid member of the crew of a boat
  17-25  having a commercial shrimp boat license issued under this
   18-1  subchapter are not required to <must> have a general commercial
   18-2  fisherman's license issued under Section 47.002 of this code unless
   18-3  a species of aquatic life other than shrimp is possessed on board
   18-4  the boat or vessel.<, but these licenses may be purchased in the
   18-5  name of the vessel.  The license form provided by the department
   18-6  for a vessel may be a single license covering the number of persons
   18-7  licensed as captain and crew, and the fee for the total number of
   18-8  persons licensed is the amount provided in Section 47.002 of this
   18-9  code times the number of persons comprising the captain and crew.>
  18-10        (c)  The captain and each crew member of a licensed
  18-11  commercial shrimp boat must possess and produce on request to any
  18-12  enforcement officer proof of the person's identity.
  18-13        SECTION 32.  Section 78.002, Parks and Wildlife Code, is
  18-14  amended to read as follows:
  18-15        Sec. 78.002.  LICENSE FORM; EXPIRATION.  The license form
  18-16  shall be prescribed by the department and shall designate the water
  18-17  in which the licensee may operate.  <The license expires one year
  18-18  after the date of issuance.>  All licenses issued under the
  18-19  authority of Chapter 78 of this code are valid only during the
  18-20  yearly period for which they are issued without regard to the date
  18-21  on which the licenses are acquired.  Each yearly period begins on
  18-22  September 1 of a year and extends through August 31 of the next
  18-23  year.
  18-24        SECTION 33.  Sections 77.032 and 77.0371, Parks and Wildlife
  18-25  Code, are repealed.
   19-1        SECTION 34.  This Act takes effect on September 1, 1993,
   19-2  except that Sections 1, 2, 3, 4, 14, 15, 32, 33, and 34 shall take
   19-3  effect immediately after the passage of this Act.  Section 25 of
   19-4  this Act takes effect on December 16, 1993.  Licenses issued or
   19-5  renewed on September 1, 1993, or later will expire on August 31,
   19-6  1994.  Licenses issued prior to September 1, 1993, which will
   19-7  expire prior to August 31, 1994, shall remain valid until their
   19-8  original expiration date except that from the effective date of
   19-9  this Act until August 31, 1994, the executive director may
  19-10  designate certain licenses referred to by Sections 1, 3, 14, 15,
  19-11  and 32 of this Act to be issued for a reduced fee amount and/or
  19-12  issued for a term longer than 12 months.  The reduced fee amount
  19-13  for these licenses may not be less than the amounts provided in
  19-14  Sections 44.003, 45.003, 47.008, 66.020(e), and 78.003, Parks and
  19-15  Wildlife Code.
  19-16        SECTION 35.  The importance of this legislation and the
  19-17  crowded condition of the calendars in both houses create an
  19-18  emergency and an imperative public necessity that the
  19-19  constitutional rule requiring bills to be read on three several
  19-20  days in each house be suspended, and this rule is hereby suspended,
  19-21  and that this Act take effect and be in force according to its
  19-22  terms, and it is so enacted.