1-1 By: Cuellar of Hidalgo (Senate Sponsor - Brown) H.B. No. 1659
1-2 (In the Senate - Received from the House May 5, 1993;
1-3 May 6, 1993, read first time and referred to Committee on Natural
1-4 Resources; May 14, 1993, reported favorably by the following vote:
1-5 Yeas 10, Nays 0; May 14, 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 A BILL TO BE ENTITLED
1-20 AN ACT
1-21 relating to the issuing of commercial/business licenses and permits
1-22 by the Texas Parks and Wildlife Department.
1-23 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-24 SECTION 1. Section 44.003, Parks and Wildlife Code, is
1-25 amended to read as follows:
1-26 Sec. 44.003. GAME BREEDER'S LICENSE. The department shall
1-27 issue a game breeder's license on payment of a license fee of $10
1-28 or an amount set by the commission, whichever amount is more. The
1-29 license is valid for a yearly period <of one year following the
1-30 date of its issuance>. Each yearly period begins on September 1 of
1-31 a year and extends through August 31 of the next year.
1-32 SECTION 2. Section 44.007, Parks and Wildlife Code, is
1-33 amended to read as follows:
1-34 Sec. 44.007. RECORDS. (a) Each game breeder shall keep a
1-35 written record in a suitably bound book for the period from August
1-36 1 <the date of license issuance> until the following July 31
1-37 <September 1> containing:
1-38 (1) the number and source of each kind of game animal
1-39 on hand at the time the license is issued;
1-40 (2) the number, source, and date of receipt of each
1-41 kind of game animal on hand at any time after the license is
1-42 obtained; <and>
1-43 (3) the number of each kind of game animal shipped or
1-44 delivered, the date of shipment or delivery, and the name and
1-45 address of persons to whom the shipment or delivery is made; and
1-46 (4) any other information determined by the commission
1-47 to be necessary to enforce the provisions of this chapter.
1-48 (b) During August of each year, but before August 31, a game
1-49 breeder shall send to the department a report showing the
1-50 information required by this section.
1-51 SECTION 3. Section 45.002(c), Parks and Wildlife Code, is
1-52 amended to read as follows:
1-53 (c) A license is valid for a yearly period <one year from
1-54 the date of its issuance>. Each yearly period begins on September
1-55 1 of a year and extends through August 31 of the next year.
1-56 SECTION 4. Section 45.008(b), Parks and Wildlife Code, is
1-57 amended to read as follows:
1-58 (b) During August of each year, but before August 31, a
1-59 commercial game bird breeder shall send to the department a report
1-60 showing the total number of game birds in the possession of the
1-61 breeder during the reporting period <previous year> and accounting
1-62 for the acquisition and disposition of each game bird. The
1-63 reporting period is from August 1 of the preceding year through
1-64 July 31 of the current year.
1-65 SECTION 5. Section 47.001(1), Parks and Wildlife Code, is
1-66 amended to read as follows:
1-67 (1) "Commercial fisherman" means a person who catches
1-68 <edible> aquatic products except shrimp taken with a license issued
2-1 under the authority of Chapter 77 of this code or oysters taken
2-2 from the water of this state for pay or for the purpose of sale,
2-3 barter, or exchange or any other commercial purpose.
2-4 SECTION 6. Section 47.001(6), Parks and Wildlife Code, is
2-5 amended to read as follows:
2-6 (6) "Fishing <Fish> guide" means a person who operates
2-7 a boat for compensation to accompany or to transport a person or
2-8 persons engaged in fishing in the water of this state.
2-9 SECTION 7. Section 47.004, Parks and Wildlife Code, is
2-10 amended to read as follows:
2-11 Sec. 47.004. FISHING <FISH> GUIDE LICENSE. (a) No person
2-12 may engage in business as a fishing <fish> guide unless the person
2-13 <he> has obtained a fishing <fish> guide license.
2-14 (b) The license fee for a fishing <fish> guide license is
2-15 $50 or an amount set by the commission, whichever amount is more.
2-16 SECTION 8. Section 47.007(a), Parks and Wildlife Code, is
2-17 amended to read as follows:
2-18 (a) No person may use a vessel required to be numbered or
2-19 registered under the laws of this state or the United States for
2-20 the purpose of catching or assisting in catching aquatic products
2-21 except shrimp, oysters, or menhaden, from the waters of this state,
2-22 or have on board a vessel, or unload, or allow to be unloaded at a
2-23 port or point in this state, edible aquatic products caught or
2-24 taken from salt water outside the state without having been
2-25 previously unloaded in some other state or foreign country, for pay
2-26 or for the purpose of sale, barter, exchange, or any other
2-27 commercial purpose unless the vessel is licensed as a commercial
2-28 fishing boat and has a commercial fishing boat number affixed to
2-29 it.
2-30 SECTION 9. Section 47.007(d), Parks and Wildlife Code, is
2-31 amended to read as follows:
2-32 (d) An applicant for a commercial fishing <fish> boat
2-33 license, which is not a renewal of the previous year's license,
2-34 must submit to the department the vessel's United States Coast
2-35 Guard Certificate of Documentation or Texas' or other state's
2-36 Certificate of Number for a motorboat. The license issued by the
2-37 department must contain:
2-38 (1) the name of the boat if the boat is registered
2-39 with the United States Coast Guard; and
2-40 (2) the number appearing on the United States Coast
2-41 Guard Certificate of Documentation or <of> Texas' or other state's
2-42 Certificate of Number.
2-43 SECTION 10. Section 47.008(b), Parks and Wildlife Code, is
2-44 amended to read as follows:
2-45 (b) The license fee for each menhaden boat is $2,000 <a
2-46 year> or an amount set by the commission, whichever amount is more,
2-47 for each yearly period.
2-48 SECTION 11. Section 47.0091, Parks and Wildlife Code, is
2-49 amended to read as follows:
2-50 Sec. 47.0091. PURCHASE OF AQUATIC PRODUCTS BY WHOLESALE FISH
2-51 DEALERS. No wholesale fish dealer may purchase for resale or
2-52 receive for sale, barter, exchange, or any other commercial purpose
2-53 any aquatic product from any person or entity in this state unless
2-54 he purchases the product from the holder of:
2-55 (1) a general commercial fisherman's license;
2-56 (2) a commercial oyster fisherman's license;
2-57 (3) a commercial oyster boat license;
2-58 (4) a wholesale fish dealer's license; <or>
2-59 (5) a fish farmer's license;
2-60 (6) a commercial shrimp boat license; or
2-61 (7) a commercial oyster boat captain's license.
2-62 SECTION 12. Section 47.0111, Parks and Wildlife Code, is
2-63 amended to read as follows:
2-64 Sec. 47.0111. PURCHASE OF AQUATIC PRODUCTS BY RETAIL FISH
2-65 DEALERS. No retail fish dealer may purchase for resale or receive
2-66 for sale, barter, exchange, or any other commercial purposes any
2-67 aquatic products from any person or entity in this state unless he
2-68 purchases the product from the holder of:
2-69 (1) a wholesale fish dealer's license;
2-70 (2) a general commercial fisherman's license or a
3-1 commercial shrimp boat license when the retail fish dealer has
3-2 given written notification to the executive director of the
3-3 department or his designee of the dealer's intent to purchase
3-4 aquatic products from the holder of a general commercial
3-5 fisherman's license or a commercial shrimp boat license; or
3-6 (3) a fish farmer's license.
3-7 SECTION 13. Section 47.012, Parks and Wildlife Code, is
3-8 amended to read as follows:
3-9 Sec. 47.012. PURCHASE OF AQUATIC PRODUCTS BY RESTAURANT
3-10 OWNER, OPERATOR, OR EMPLOYEE. No restaurant owner, operator, or
3-11 employee may purchase for consumption by the restaurant's patrons
3-12 on the restaurant's premises any aquatic product from any person or
3-13 entity in this state unless the person purchases the aquatic
3-14 product from the holder of:
3-15 (1) a wholesale fish dealer's license;
3-16 (2) a general commercial fisherman's license; <or>
3-17 (3) a fish farmer's license; or
3-18 (4) a commercial shrimp boat license.
3-19 SECTION 14. Section 47.031, Parks and Wildlife Code, is
3-20 amended to read as follows:
3-21 Sec. 47.031. EXPIRATION OF LICENSES. (a) All licenses and
3-22 permits issued under the authority of Chapter 47 of this code are
3-23 valid only during the yearly period for which they are issued
3-24 without regard to the date on which the licenses are acquired.
3-25 Each yearly period begins on September 1 of a year and extends
3-26 through August 31 of the next year <Except as provided in
3-27 Subsections (b) and (c) of this section, all licenses issued under
3-28 this chapter expire August 31 following the date of issuance>.
3-29 (b) All licenses and permits issued under the authority of
3-30 Chapter 47 of this code may not be transferred to another person
3-31 except that a license issued in the name of a business shall remain
3-32 valid for the business location specified on the license or permit
3-33 if a change of ownership and/or business name occurs. A license
3-34 issued under the authority of Section 47.009 or 47.011 or 47.014 or
3-35 47.016 may be transferred to a new address if the business moves to
3-36 another location. A license issued under the authority of Section
3-37 47.010 or 47.013 may be transferred to another vehicle or to a new
3-38 owner of the same vehicle. The commission, by regulation, may
3-39 prescribe requirements necessary to clarify license and permit
3-40 transfer procedures and may prescribe, by regulation, forms to be
3-41 used and fees to be charged for transfer of licenses and permits in
3-42 this chapter and for duplicate license plates and duplicate or
3-43 replacement licenses and permits <A menhaden boat license expires
3-44 one year from the date of issuance>.
3-45 <(c) A menhaden fish plant license expires one year from the
3-46 date of issuance.>
3-47 SECTION 15. Chapter 66, Subchapter A, Parks and Wildlife
3-48 Code, is amended by adding Section 66.017 to read as follows:
3-49 Sec. 66.017. LICENSE, TAG, AND PERMIT EXPIRATIONS AND
3-50 TRANSFERS. (a) All licenses, tags, and permits issued under the
3-51 authority of Chapter 66 of this code are valid only during the
3-52 yearly period for which they are issued without regard to the date
3-53 on which the licenses are acquired. Each yearly period begins on
3-54 September 1 of a year and extends through August 31 of the next
3-55 year.
3-56 (b) All licenses, tags, and permits issued under the
3-57 authority of Chapter 66 of this code may not be transferred to
3-58 another person except that a license issued in the name of a
3-59 business shall remain valid for the business location specified on
3-60 the license or permit if a change of ownership and/or business name
3-61 occurs. A license issued under the authority of Section 66.020(e)
3-62 may be transferred to a new address if the business moves to
3-63 another location. The commission, by regulation, may prescribe
3-64 requirements necessary to clarify license and permit transfer
3-65 procedures and may prescribe, by regulation, forms to be used and
3-66 fees to be charged for transfer of licenses and permits in this
3-67 chapter and for duplicate or replacement licenses, tags, and
3-68 permits.
3-69 SECTION 16. Section 76.101, Parks and Wildlife Code, is
3-70 amended to read as follows:
4-1 Sec. 76.101. Oyster Licenses Required. (a) No person may
4-2 take or attempt to take oysters from the public water of this state
4-3 for noncommercial use by the use of a dredge or tongs without first
4-4 having acquired a sport <sports> oyster boat license from the
4-5 department.
4-6 (b) Except as provided in Subsection (d) of this section, no
4-7 person may take or attempt to take oysters from the public water of
4-8 this state for pay or for the purpose of sale, barter, or exchange
4-9 or any other commercial purpose without first having acquired from
4-10 the department a commercial oyster fisherman's license.
4-11 (c) No person may take or attempt to take oysters from the
4-12 public water of this state by the use of a dredge, tongs, or other
4-13 mechanical means, or by the use of a boat or other vessel for pay,
4-14 or for the purpose of sale, barter, or exchange or any other
4-15 commercial purpose without first having acquired from the
4-16 department a commercial oyster boat license.
4-17 (d) The captain and crew of a licensed commercial oyster
4-18 boat are not required to have commercial oyster fisherman's
4-19 licenses to take oysters while they are on a licensed boat that is
4-20 being used to take oysters.
4-21 (e) The captain and each crew member of a licensed
4-22 commercial oyster boat, each person on a licensed sport <sports>
4-23 oyster boat, and each person oystering under a commercial oyster
4-24 fisherman's license must possess and produce on request to any
4-25 enforcement officer proof of the person's identity.
4-26 (f) The captain of a commercial oyster boat must hold a
4-27 valid commercial oyster boat captain's license to operate a
4-28 commercial oyster boat while taking or attempting to take oysters
4-29 from the public water of this state.
4-30 SECTION 17. Section 76.102, Parks and Wildlife Code, is
4-31 amended to read as follows:
4-32 Sec. 76.102. LICENSE APPLICATION. (a) An applicant for an
4-33 oyster boat license, which is not a renewal of the previous year's
4-34 license, issued under this subchapter must submit to the department
4-35 the boat's United States Coast Guard certificate of documentation
4-36 or Texas' or other state's certificate of number for a motorboat.
4-37 (b) The license issued by the department must contain:
4-38 (1) the name of the boat if the boat is registered
4-39 with the United States Coast Guard; and
4-40 (2) the number appearing on the United States Coast
4-41 Guard certificate of documentation or Texas' or other state's
4-42 certificate of number.
4-43 SECTION 18. Section 76.103, Parks and Wildlife Code, is
4-44 amended to read as follows:
4-45 Sec. 76.103. TYPES OF LICENSES; PERIOD OF VALIDITY.
4-46 <(a) Only from August 1 through August 31, the department may
4-47 issue commercial oyster boat licenses, sports oyster boat licenses,
4-48 and commercial oyster fisherman's licenses, except that vessels
4-49 purchased or constructed after August 31 of a year may be licensed
4-50 for that license year at any time before August 1 of the next year.>
4-51 <(b)> A commercial oyster boat license, commercial oyster
4-52 boat captain's license, sport <sports> oyster boat license, or
4-53 commercial oyster fisherman's license expires on August 31 of the
4-54 yearly period for which it is issued.
4-55 SECTION 19. Chapter 76, Subchapter C, Parks and Wildlife
4-56 Code, is amended by adding Section 76.1031 to read as follows:
4-57 Sec. 76.1031. LICENSE EXPIRATIONS AND TRANSFERS. (a) All
4-58 licenses issued under the authority of Chapter 76 of this code are
4-59 valid only during the yearly period for which they are issued
4-60 without regard to the date on which the licenses are acquired.
4-61 Each yearly period begins on September 1 of a year and extends
4-62 through August 31 of the next year.
4-63 (b) All licenses issued under the authority of Chapter 76 of
4-64 this code may not be transferred to another person or vessel except
4-65 as provided by this subsection. The commission, by regulation, may
4-66 prescribe requirements necessary to clarify license transfer
4-67 procedures and may prescribe, by regulation, forms to be used and
4-68 fees to be charged for transfer of licenses in this chapter and for
4-69 duplicate license plates or duplicate or replacement licenses.
4-70 SECTION 20. Section 76.104, Parks and Wildlife Code, is
5-1 amended to read as follows:
5-2 Sec. 76.104. License Fees. (a) Except as provided by
5-3 Subsection (e) <(d)> of this section, the fee for a commercial
5-4 oyster boat license is $350 or an amount set by the commission,
5-5 whichever amount is more.
5-6 (b) Except as provided by Subsection (f) <(e)> of this
5-7 section, the fee for a sport <sports> oyster boat license is $10 or
5-8 an amount set by the commission, whichever amount is more.
5-9 (c) Except as provided by Subsection (g) <(f)> of this
5-10 section, the fee for a commercial oyster fisherman's license is
5-11 $100 or an amount set by the commission, whichever amount is more.
5-12 The definition for "resident" for this subsection is the same as
5-13 the resident definition in Section 47.001 of this code.
5-14 (d) Except as provided by Subsection (h) of this section,
5-15 the fee for a commercial oyster boat captain's license is $25 or an
5-16 amount set by the commission, whichever amount is more. The
5-17 definition for "resident" for this subsection is the same as the
5-18 resident definition in Section 47.001 of this code.
5-19 (e) <(d)> The fee for a commercial oyster boat license for a
5-20 boat that is not numbered under Chapter 31 of this code or does not
5-21 have a certificate of documentation issued by the United States
5-22 Coast Guard that lists a home port in this state is $1,400 or an
5-23 amount set by the commission, whichever amount is more.
5-24 (f) <(e)> The fee for a sport <sports> oyster boat license
5-25 for a boat that is not numbered under Chapter 31 of this code or
5-26 does not have a certificate of documentation issued by the United
5-27 States Coast Guard that lists a home port in this state is $40 or
5-28 an amount set by the commission, whichever amount is more.
5-29 (g) <(f)> The fee for a nonresident commercial oyster
5-30 fisherman's license is $250 or an amount set by the commission,
5-31 whichever amount is more. The definition for "nonresident" for
5-32 this subsection is the same as the nonresident definition in
5-33 Section 47.001 of this code.
5-34 (h) The fee for a nonresident commercial oyster boat
5-35 captain's license is $100 or an amount set by the commission,
5-36 whichever amount is more. The definition for "nonresident" for
5-37 this subsection is the same as the nonresident definition in
5-38 Section 47.001 of this code.
5-39 SECTION 21. Section 76.1041(b), Parks and Wildlife Code, is
5-40 amended to read as follows:
5-41 (b) A commercial oyster boat license issued under this
5-42 subchapter must be a metal or plastic sign or emblem <at least 32
5-43 square inches in> of sufficient size to allow enforcement of this
5-44 chapter and have a different color or design for each license
5-45 period.
5-46 SECTION 22. Section 76.105(b), Parks and Wildlife Code, is
5-47 amended to read as follows:
5-48 (b) No operator of a sport <sports> oyster boat may use more
5-49 than one dredge, which may not exceed 14 inches in width.
5-50 SECTION 23. Section 76.107, Parks and Wildlife Code, is
5-51 amended to read as follows:
5-52 Sec. 76.107. SALE OF SPORT <SPORTS> OYSTERS PROHIBITED. No
5-53 person may sell oysters taken under the authority of a sport
5-54 <sports> oyster boat license.
5-55 SECTION 24. Section 76.111(c), Parks and Wildlife Code, is
5-56 amended to read as follows:
5-57 (c) Possession by a holder of a sport <sports> oyster boat
5-58 license of more than one barrel of oysters is prima facie evidence
5-59 that the oysters were harvested for pay, sale, barter, or exchange
5-60 or other commercial purpose.
5-61 SECTION 25. Sections 77.031(b), (c), (d), (e), and (f),
5-62 Parks and Wildlife Code, are amended to read as follows:
5-63 (b) The fee for a commercial bay shrimp boat license is $170
5-64 <$80> or an amount set by the commission, whichever amount is more.
5-65 The executive director may set a fee lower than $170 for licenses
5-66 issued from December 16, 1993, through August 31, 1994, and which
5-67 expire on August 31, 1994.
5-68 <(c) A commercial bay shrimp boat license expires on March 1
5-69 of the year following the date of issuance.>
5-70 (c) <(d)> An applicant for a commercial bay shrimp boat
6-1 license must submit to the department an affidavit that the
6-2 applicant intends to derive the major portion of his livelihood
6-3 from the commercial fishery and that he will maintain adequate
6-4 facilities to conduct the business.
6-5 <(e) Except as provided in Section 77.0371 of this code, not
6-6 more than one commercial bay shrimp boat license may be issued to a
6-7 boat during the licensing period.>
6-8 (d) <(f)> The fee for a commercial bay shrimp boat license
6-9 for a boat that is not numbered under Chapter 31 of this code or
6-10 does not have a certificate of documentation issued by the United
6-11 States Coast Guard that lists a home port in this state is $500
6-12 <$320> or an amount set by the commission, whichever amount is
6-13 more.
6-14 SECTION 26. Sections 77.033(b), (c), (d), and (e), Parks and
6-15 Wildlife Code, are amended to read as follows:
6-16 (b) The fee for a commercial bait-shrimp boat license is
6-17 $170 <$80> or an amount set by the commission, whichever amount is
6-18 more.
6-19 <(c) A commercial bait-shrimp boat license expires August 31
6-20 following the date of issuance.>
6-21 <(d) Not more than one commercial bait-shrimp boat license
6-22 may be issued to a boat during for each licensing period.>
6-23 (c) <(e)> The fee for a commercial bait-shrimp boat license
6-24 for a boat that is not numbered under Chapter 31 of this code or
6-25 does not have a certificate of documentation issued by the United
6-26 States Coast Guard that lists a home port in this state is $500
6-27 <$320> or an amount set by the commission, whichever amount is
6-28 more.
6-29 SECTION 27. Sections 77.035(b), (c), (d), and (e), Parks and
6-30 Wildlife Code, are amended to read as follows:
6-31 (b) The fee for a commercial gulf shrimp boat license is
6-32 $250 <$100> or an amount set by the commission, whichever amount is
6-33 more.
6-34 <(c) The commercial gulf shrimp boat license expires August
6-35 31 following the date of issuance.>
6-36 <(d) Except as provided in Section 77.0371 of this code, not
6-37 more than one commercial gulf shrimp boat license may be issued to
6-38 a boat during the licensing period.>
6-39 (c) <(e)> The fee for a commercial gulf shrimp boat license
6-40 for a boat that is not numbered under Chapter 31 of this code or
6-41 does not have a certificate of documentation issued by the United
6-42 States Coast Guard that lists a home port in this state is $1,000
6-43 <$200> or an amount set by the commission, whichever amount is
6-44 more.
6-45 SECTION 28. Section 77.036, Parks and Wildlife Code, is
6-46 amended to read as follows:
6-47 Sec. 77.036. OFFICIAL REGISTRATION. (a) An applicant for a
6-48 commercial shrimp boat license, which is not a renewal of the
6-49 previous year's license, issued under this subchapter must submit
6-50 to the department the boat's United States Coast Guard certificate
6-51 of documentation or the Texas certificate of number for a motorboat
6-52 or other state's certificate of number for a motorboat.
6-53 (b) The certificate of license issued by the department for
6-54 a commercial shrimp boat must contain the name of the boat if the
6-55 boat is registered with the United States Coast Guard and the
6-56 number appearing on the United States Coast Guard certificate of
6-57 documentation or the Texas or other state's certificate of number.
6-58 SECTION 29. Chapter 77, Subchapter C, Parks and Wildlife
6-59 Code, is amended by adding Section 77.0361 to read as follows:
6-60 Sec. 77.0361. LICENSE EXPIRATIONS AND TRANSFERS. (a) All
6-61 licenses issued under the authority of Chapter 77 of this code are
6-62 valid only during the yearly period for which they are issued
6-63 without regard to the date on which the licenses are acquired.
6-64 Each yearly period begins on September 1 of a year and extends
6-65 through August 31 of the next year.
6-66 (b) Commercial bay shrimp boat licenses issued from the
6-67 effective date of this section until December 15, 1993, shall
6-68 expire on March 1, 1994, and licenses issued from December 16,
6-69 1993, through August 31, 1994, shall expire on August 31, 1994.
6-70 (c) All licenses issued under the authority of Chapter 77 of
7-1 this code may not be transferred to another person or vessel except
7-2 as provided by this subsection. The commission, by regulation, may
7-3 prescribe requirements necessary for license transfers and may
7-4 prescribe, by regulation, forms to be used and fees to be charged
7-5 for transfers of licenses in this chapter and for duplicate license
7-6 plates and/or duplicate or replacement licenses.
7-7 SECTION 30. Section 77.037, Parks and Wildlife Code, is
7-8 amended to read as follows:
7-9 Sec. 77.037. TRANSFER OF LICENSE. A commercial shrimp boat
7-10 license issued under this subchapter may be transferred on the
7-11 application of the licensee <only> from a boat that has been
7-12 destroyed or lost to a boat acquired by the licensee as a
7-13 replacement. The commission, by regulation, may prescribe
7-14 requirements necessary to clarify license transfer procedures and
7-15 may prescribe, by regulation, forms to be used and fees to be
7-16 charged for transfer of licenses authorized by this subsection.
7-17 SECTION 31. Section 77.040, Parks and Wildlife Code, is
7-18 amended to read as follows:
7-19 Sec. 77.040. OTHER LICENSES REQUIRED. (a) A person holding
7-20 a commercial shrimp boat license under this subchapter is not
7-21 required to obtain a commercial fishing boat license under Section
7-22 47.007 of this code.
7-23 (b) The captain and each paid member of the crew of a boat
7-24 having a commercial shrimp boat license issued under this
7-25 subchapter are not required to <must> have a general commercial
7-26 fisherman's license issued under Section 47.002 of this code unless
7-27 a species of aquatic life other than shrimp is possessed on board
7-28 the boat or vessel.<, but these licenses may be purchased in the
7-29 name of the vessel. The license form provided by the department
7-30 for a vessel may be a single license covering the number of persons
7-31 licensed as captain and crew, and the fee for the total number of
7-32 persons licensed is the amount provided in Section 47.002 of this
7-33 code times the number of persons comprising the captain and crew.>
7-34 (c) The captain and each crew member of a licensed
7-35 commercial shrimp boat must possess and produce on request to any
7-36 enforcement officer proof of the person's identity.
7-37 SECTION 32. Section 78.002, Parks and Wildlife Code, is
7-38 amended to read as follows:
7-39 Sec. 78.002. LICENSE FORM; EXPIRATION. The license form
7-40 shall be prescribed by the department and shall designate the water
7-41 in which the licensee may operate. <The license expires one year
7-42 after the date of issuance.> All licenses issued under the
7-43 authority of Chapter 78 of this code are valid only during the
7-44 yearly period for which they are issued without regard to the date
7-45 on which the licenses are acquired. Each yearly period begins on
7-46 September 1 of a year and extends through August 31 of the next
7-47 year.
7-48 SECTION 33. Sections 77.032 and 77.0371, Parks and Wildlife
7-49 Code, are repealed.
7-50 SECTION 34. This Act takes effect on September 1, 1993,
7-51 except that Sections 1, 2, 3, 4, 14, 15, 32, 33, and 34 shall take
7-52 effect immediately after the passage of this Act. Section 25 of
7-53 this Act takes effect on December 16, 1993. Licenses issued or
7-54 renewed on September 1, 1993, or later will expire on August 31,
7-55 1994. Licenses issued prior to September 1, 1993, which will
7-56 expire prior to August 31, 1994, shall remain valid until their
7-57 original expiration date except that from the effective date of
7-58 this Act until August 31, 1994, the executive director may
7-59 designate certain licenses referred to by Sections 1, 3, 14, 15,
7-60 and 32 of this Act to be issued for a reduced fee amount and/or
7-61 issued for a term longer than 12 months. The reduced fee amount
7-62 for these licenses may not be less than the amounts provided in
7-63 Sections 44.003, 45.003, 47.008, 66.020(e), and 78.003, Parks and
7-64 Wildlife Code.
7-65 SECTION 35. The importance of this legislation and the
7-66 crowded condition of the calendars in both houses create an
7-67 emergency and an imperative public necessity that the
7-68 constitutional rule requiring bills to be read on three several
7-69 days in each house be suspended, and this rule is hereby suspended,
7-70 and that this Act take effect and be in force according to its
8-1 terms, and it is so enacted.
8-2 * * * * *
8-3 Austin,
8-4 Texas
8-5 May 14, 1993
8-6 Hon. Bob Bullock
8-7 President of the Senate
8-8 Sir:
8-9 We, your Committee on Natural Resources to which was referred H.B.
8-10 No. 1659, have had the same under consideration, and I am
8-11 instructed to report it back to the Senate with the recommendation
8-12 that it do pass and be printed.
8-13 Sims,
8-14 Chairman
8-15 * * * * *
8-16 WITNESSES
8-17 FOR AGAINST ON
8-18 ___________________________________________________________________
8-19 Name: Paul Israel x
8-20 Representing: Tx Parks & Wildlife Dept.
8-21 City: Austin
8-22 -------------------------------------------------------------------
8-23 Name: James E. Robertson x
8-24 Representing: Tx Parks & Wildlife Dept.
8-25 City: Austin
8-26 -------------------------------------------------------------------
8-27 Name: Jayna Burgdorf x
8-28 Representing: Tx Parks & Wildlife
8-29 City: Austin
8-30 -------------------------------------------------------------------
8-31 Name: Jim Sagnes x
8-32 Representing: Tx Shrimp Assoc.
8-33 City: Austin
8-34 -------------------------------------------------------------------