By Cuellar of Hidalgo                                 H.B. No. 1659
                                 A BILL TO BE ENTITLED
    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 43.004, Parks and Wildlife Code, is
    1-6  amended to read as follows:
    1-7  A license issued under this subchapter is valid for one yearly
    1-8  <only> period.  Each yearly period begins on September 1 of a year
    1-9  and extends through August 31 of the next year.
   1-10        SECTION 2.  Section 44.003, Parks and Wildlife Code, is
   1-11  amended to read as follows:
   1-12  The department shall issue a game breeder's license on payment of a
   1-13  license fee of $10 or an amount sent by the commission, whichever
   1-14  amount is more.  The license is valid for a yearly period <of one
   1-15  year following the date of its issuance>.  Each yearly period
   1-16  begins on September 1 of a year and extends through August 31 of
   1-17  the next year.
   1-18        SECTION 3.  Section 45.002(c), Parks and Wildlife Code, is
   1-19  amended to read as follows:
   1-20        (c)  A license is valid for a yearly period <one year from
   1-21  the date of its issuance>.  Each yearly period begins on September
   1-22  1 of a year and extends through August 31 of the next year.
   1-23        SECTION 4.  Section 47.001(6), Parks and Wildlife Code, is
    2-1  amended to read as follows:
    2-2              (6)  "Fishing guide" means a person who operates a boat
    2-3  for compensation to accompany or to transport a person or persons
    2-4  engaged in fishing in the water of this state.
    2-5        SECTION 5.  Section 47.004, Parks and Wildlife Code is
    2-6  amended to read as follows:
    2-7        Sec. 47.004.  FISHING GUIDE LICENSE  (a)  No person may
    2-8  engage in business as a fishing guide unless the person <he> has
    2-9  obtained a fishing guide license.
   2-10        (b)  The license fee for a fishing guide license is $50 or an
   2-11  amount set by the commission, whichever amount is more.
   2-12        SECTION 6.  Sec. 47.007(d), Parks and Wildlife Code, is
   2-13  amended to read as follows:
   2-14        (d)  An applicant for a commercial fishing boat license,
   2-15  which is not a renewal of the previous year's license,  must submit
   2-16  to the department the vessel's United States Coast Guard
   2-17  Certificate of Documentation or Texas' or other state's Certificate
   2-18  of Number for a motorboat.  The license issued by the department
   2-19  must contain:
   2-20              (1)  the name of the boat if the boat is registered
   2-21  with the United States Coast Guard; and
   2-22              (2)  the number appearing on the United States Coast
   2-23  Guard Certificate of Documentation or <of> Texas' or other state's
   2-24  Certificate of Number.
   2-25        SECTION 7.  Section 47.008(b), Parks and Wildlife Code, is
    3-1  amended to read as follows:
    3-2        (b)  The license fee for each menhaden boat is $2,000 <a
    3-3  year> or an amount set by the commission, whichever amount is more,
    3-4  for each yearly period.
    3-5        SECTION 8.  Section 47.031, Parks and Wildlife Code, is
    3-6  amended to read as follows:
    3-7        (a)  All licenses and permits issued under the authority of
    3-8  Chapter 47 of this code are valid only during the yearly period for
    3-9  which they are issued without regard to the date on which the
   3-10  licenses are acquired.  Each yearly period begins on September 1 of
   3-11  a year and extends through August 31 of the next year <Except as
   3-12  provided in Subsections (a) and (c) of this section, all licenses
   3-13  issued under this chapter expire August 31 following the date of
   3-14  issuance>.
   3-15        (b)  All licenses and permits issued under the authority of
   3-16  Chapter 47 of this code may not be transferred to another person
   3-17  except that a license issued in the name of a business shall remain
   3-18  valid for the business location specified on the license or permit
   3-19  if a change of ownership and/or business name occurs.  A license
   3-20  issued under the authority of Section 47.009 or 46.011 or 47.014 or
   3-21  47.016 may be transferred to a new address if the business moves to
   3-22  another location.  The commission, by regulation, may prescribe
   3-23  requirements necessary to clarify license and permit transfer
   3-24  procedures and may prescribe, by regulation, forms to be used and
   3-25  fees to be charged for transfer of licenses and permits in this
    4-1  chapter and for duplicate license plates and duplicate or
    4-2  replacement licenses and permits <A menhaden boat license expires
    4-3  one year from the date of issuance>.
    4-4        <(c)  A menhaden fish plant license expires one year from the
    4-5  date of issuance.>
    4-6        SECTION 9.  Chapter 66, Subchapter A, Parks and Wildlife
    4-7  Code, is amended by adding Section 66.017 to read as follows:
    4-8        Section 66.017.  LICENSE, TAG, AND PERMIT EXPIRATIONS AND
    4-9  TRANSFERS
   4-10        (a)  All licenses, tags, and permits issued under the
   4-11  authority of Chapter 66 of this code are valid only during the
   4-12  yearly period for which they are issued without regard to the date
   4-13  on which the licenses are acquired.  Each yearly period begins on
   4-14  September 1 of a year and extends through August 31 of the next
   4-15  year.
   4-16        (b)  All licenses, tags, and permits issued under the
   4-17  authority of Chapter 66 of this code may not be transferred to
   4-18  another person except that a license issued in the name of a
   4-19  business shall remain valid for the business location specified on
   4-20  the license or permit if a change of ownership and/or business name
   4-21  occurs.  A license issued under the authority of Section 66.020(e)
   4-22  may be transferred to a new address if the business moves to
   4-23  another location.  The commission, by regulation, may prescribe
   4-24  requirements necessary to clarify license and permit transfer
   4-25  procedures and may prescribe, by regulation, forms to be used and
    5-1  fees to be charged for transfer of licenses and permits in this
    5-2  chapter and for duplicate or replacement licenses, tags, and
    5-3  permits.
    5-4        SECTION 10.  Section 76.101, Parks and Wildlife Code, is
    5-5  amended to read as follows:
    5-6        Section 76.101.  Oyster Licenses Required.
    5-7        (a) No person may take or attempt to take oysters from the
    5-8  public water of this state for noncommercial use by the use of a
    5-9  dredge or tongs without first having acquired a sports oyster boat
   5-10  license from the department.
   5-11        (b)  Except as provided in Subsection (d) of this section, no
   5-12  person may take or attempt to take oysters from the public water of
   5-13  this state for pay or for the purpose of sale, barter, or exchange
   5-14  or any other commercial purpose without first having acquired from
   5-15  the department a commercial oyster fisherman's license.
   5-16        (c)  No person may take or attempt to take oysters from the
   5-17  public water of this state by the use of a dredge, tongs, or other
   5-18  mechanical means or by the use of a boat or other vessel for pay,
   5-19  or for the purpose of sale, barter, or exchange or any other
   5-20  commercial purpose without first having acquired from the
   5-21  department a commercial oyster boat license.
   5-22        (d)  The captain and crew of a licensed commercial oyster
   5-23  boat are not required to have commercial oyster fisherman's
   5-24  licenses to take oysters while they are on a licensed boat that is
   5-25  being used to take oysters.
    6-1        (e)  The captain and each crew member of a licensed
    6-2  commercial oyster boat, each person on a licensed sports oyster
    6-3  boat, and each person oystering under a commercial oyster
    6-4  fisherman's license must possess and produce on request to any
    6-5  enforcement officer proof of the person's identity.
    6-6        (f)  The captain of a commercial oyster boat must hold a
    6-7  valid commercial oyster boat captain's license to operate a
    6-8  commercial oyster boat while taking or attempting to take oysters
    6-9  from the public water of this state.
   6-10        SECTION 11.  Sections 76.102, Parks and Wildlife Code, are
   6-11  amended to read as follows:
   6-12        (a)  An applicant for an oyster boat license, which is not a
   6-13  renewal of the previous year's license, issued under this
   6-14  subchapter must submit to the department the boat's United States
   6-15  Coast Guard certificate of documentation or Texas' or other state's
   6-16  certificate of number for a motorboat.
   6-17        (b)  The license issued by the department must contain:
   6-18              (1)  the name of the boat if the boat is registered
   6-19  with the United States Coast Guard; and
   6-20              (2)  the number appearing on the United States Coast
   6-21  Guard certificate of documentation or Texas' or other state's
   6-22  certificate of number.
   6-23        SECTION 12.  Section 76.103, Parks and Wildlife Code, is
   6-24  amended to read as follows:
   6-25        Sec. 76.103.  Types of Licenses; Period of Validity
    7-1        <(a) Only from August 1 through August 31, the department may
    7-2  issue commercial oyster boat licenses, sports oyster boat licenses,
    7-3  and commercial oyster fisherman's licenses, except that vessels
    7-4  purchased or constructed after August 31 of a year may be licensed
    7-5  for that license year at any time before August 1 of the next
    7-6  year.>
    7-7        <(b)>  A commercial oyster boat license, commercial oyster
    7-8  boat captain's license, sports oyster boat license, or commercial
    7-9  oyster fisherman's license expires on August 31 of the yearly
   7-10  period for which it is issued.
   7-11        SECTION 13.  Chapter 76, Subchapter C, Parks and Wildlife
   7-12  Code is amended by adding Section 76.1031 to read as follows:
   7-13        Section 76.1031.  LICENSE EXPIRATIONS AND TRANSFERS
   7-14        (a)  All licenses issued under the authority of Chapter 76 of
   7-15  this code are valid only during the yearly period for which they
   7-16  are issued without regard to the date on which the licenses are
   7-17  acquired.  Each yearly period begins on September 1 of a year and
   7-18  extends through August 31 of the next year.
   7-19        (b)  All licenses issued under the authority of Chapter 76 of
   7-20  this code may not be transferred to another person or vessel except
   7-21  as provided by this subsection.  The commission, by regulation, may
   7-22  prescribe requirements necessary to clarify license transfer
   7-23  procedures and may prescribe, by regulation, forms to be used and
   7-24  fees to be charged for transfer of licenses in this chapter and for
   7-25  duplicate license plates or duplicate or replacement licenses.
    8-1        SECTION 14.  Section 76.104, Parks and Wildlife Code, is
    8-2  amended to read as follows:
    8-3        Section 76.104.  License Fees.
    8-4        (a)  Except as provided by Subsection <(d)> (e) of this
    8-5  section, the fee for a commercial oyster boat license is $350 or an
    8-6  amount set by the commission, whichever amount is more.
    8-7        (b)  Except as provided by Subsection <(e)> (f) of this
    8-8  section, the fee for a sport oyster boat license is $10 or an
    8-9  amount set by the commission, whichever amount is more.
   8-10        (c)  Except as provided by Subsection <(f)> (g) of this
   8-11  section, the fee for a commercial oyster fisherman's license is
   8-12  $100 or an amount set by the commission, whichever amount is more.
   8-13        (d)  Except as provided by Subsection (h) of this section,
   8-14  the fee for a commercial oyster boat captain's license is $25 or an
   8-15  amount set by the commission, whichever amount is more.
   8-16        <(d)> (e)  The fee for a commercial oyster boat license for a
   8-17  boat that is not numbered under Chapter 31 of this code or does not
   8-18  have a certificate of documentation issued by the United States
   8-19  Coast Guard that lists a home port in this state is $1,400 or an
   8-20  amount set by the commission, whichever amount is more.
   8-21        <(e)> (f)  The fee for a sport oyster boat license for a boat
   8-22  that is not numbered under Chapter 31 of this code or does not have
   8-23  a certificate of documentation issued by the United States Coast
   8-24  Guard that lists a home port in this state is $40 or an amount set
   8-25  by the commission, whichever amount is more.
    9-1        <(f)> (g)   The fee for a nonresident commercial oyster
    9-2  fisherman's license is $250 or an amount set by the commission,
    9-3  whichever amount is more.
    9-4        (h)  The fee for a nonresident commercial oyster boat
    9-5  captain's license is $100 or an amount set by the commission,
    9-6  whichever amount is more.
    9-7        SECTION 15.  Section 76.1041(b), Parks and Wildlife Code, is
    9-8  amended to read as follows:
    9-9        (b)  A commercial oyster boat license issued under this
   9-10  subchapter must be a metal or plastic sign or emblem <at least 32
   9-11  square inches in> of sufficient size to permit enforcement of this
   9-12  chapter and have a different color or design for each license
   9-13  period.
   9-14        SECTION 16.  Section 77.031(c), (d), (e), and (f) are amended
   9-15  to read as follows:
   9-16        <(c)  A commercial bay shrimp boat license expires on March 1
   9-17  of the year following the date of issuance.>
   9-18        (c) <(d)>  An applicant for a commercial bay shrimp boat
   9-19  license must submit to the department an affidavit that the
   9-20  applicant intends to derive the major portion of his livelihood
   9-21  from the commercial fishery and that he will maintain adequate
   9-22  facilities to conduct the business.
   9-23        <(e)  Except as provided in Section 77.0371 of this code, not
   9-24  more than one commercial bay shrimp boat license may be issued to a
   9-25  boat during the licensing period.>
   10-1        (d) <(f)>  The fee for a commercial bay shrimp boat license
   10-2  for a boat that is not numbered under Chapter 31 of this code or
   10-3  does not have a certificate of documentation issued by the United
   10-4  States Coast Guard that lists a home port in this state is $320 or
   10-5  an amount set by the commission, whichever amount is more.
   10-6        SECTION 17.  Section 77.033 (c), (d), and (e) are amended to
   10-7  read as follows:
   10-8        <(c)  A commercial bait-shrimp boat license expires August 31
   10-9  following the date of issuance.>
  10-10        <(d)  Not more than one commercial bait-shrimp boat license
  10-11  may be issued to a boat during for each licensing period.>
  10-12        (c) <(e)>  The fee for a commercial bait-shrimp boat license
  10-13  for a boat that is not numbered under Chapter 31 of this code or
  10-14  does not have a certificate of documentation issued by the United
  10-15  States Coast Guard that lists a home port in this state is $320 or
  10-16  an amount set by the commission, whichever amount is more.
  10-17        SECTION 18.  Section 77.035 (c), (d), and (e), Parks and
  10-18  Wildlife Code, are amended to  read as follows:
  10-19        <(c)  The commercial gulf shrimp boat license expires August
  10-20  31 following the date of issuance.>
  10-21        <(d)  Except as provided in Section 77.0371 of this code, not
  10-22  more than one commercial gulf shrimp boat license may be issued to
  10-23  a boat during the licensing period.>
  10-24        (c) <(e)>  The fee for a commercial gulf shrimp boat license
  10-25  for a boat that is not numbered under Chapter 31 of this code or
   11-1  does not have a certificate of documentation issued by the United
   11-2  States Coast Guard that lists a home port in this state is $200 or
   11-3  an amount set by the commission, whichever amount is more.
   11-4        SECTION 19.  Section 77.036, Parks and Wildlife Code, is
   11-5  amended to read as follows:
   11-6        (a)  An applicant for a commercial shrimp boat license, which
   11-7  is not a renewal of the previous year's license, issued under this
   11-8  subchapter must submit to the department the boat's United States
   11-9  Coast Guard certificate of documentation or the Texas certificate
  11-10  of number for a motorboat or other state's certificate of number
  11-11  for a motorboat.
  11-12        (b)  The certificate of license issued by the department for
  11-13  a commercial shrimp boat must contain the name of the boat if the
  11-14  boat is registered with the United States Coast Guard and the
  11-15  number appearing on the United States Coast Guard certificate of
  11-16  documentation or the Texas or other state's certificate  of number.
  11-17        SECTION 20.  Chapter 77, Subchapter C, Parks and Wildlife
  11-18  Code is amended by adding Section 77.0361 to read as follows:
  11-19        Sec. 77.0361.  LICENSE EXPIRATIONS AND TRANSFERS
  11-20        (a)  All licenses issued under the authority of Chapter 77 of
  11-21  this code are valid only during the yearly period for which they
  11-22  are issued without regard to the date on which the licenses are
  11-23  acquired.  Each yearly period begins on September 1 of a year and
  11-24  extends through August 31 of the next year.
  11-25        (b)  All licenses issued under the authority of Chapter 77 of
   12-1  this code may not be transferred to another person or vessel except
   12-2  as provided by this subsection.  The commission, by regulation, may
   12-3  prescribe requirements necessary for license transfers and may
   12-4  prescribe, by regulation, forms to be used and fees to be charged
   12-5  for transfers of licenses in this chapter and for duplicate license
   12-6  plates and/or duplicate or replacement licenses.
   12-7        SECTION 21.  Section 78.002, Parks and Wildlife Code, is
   12-8  amended to read as follows:
   12-9        The license form shall be prescribed by the department and
  12-10  shall designate the water in which the licensee may operate.  <The
  12-11  license expires one year after the date of issuance.>  All licenses
  12-12  issued under the authority of Chapter 78 of this code are valid
  12-13  only during the yearly period for which they are issued without
  12-14  regard to the date on which the licenses are acquired.  Each yearly
  12-15  period begins on September 1 of a year and extends through August
  12-16  31 of the next year.
  12-17        SECTION 22.  Sections 77.032, 77.037, and 77.0371, Parks and
  12-18  Wildlife Code, are repealed.
  12-19        SECTION 23.  This Act takes effect on September 1, 1993.
  12-20  Licenses issued or renewed on September 1, 1993 or later will
  12-21  expire on August 31, 1994.  Licenses issued prior to September 1,
  12-22  1993 which will expire prior to August 31, 1994 shall remain valid
  12-23  until their original expiration date.
  12-24        SECTION 24.  The importance of this legislation and the
  12-25  crowded condition of the calendars in both houses create an
   13-1  emergency and an imperative public necessity that the
   13-2  constitutional rule requiring bills to be read on three several
   13-3  days in each house be suspended, and this rule is hereby suspended.