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.