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  -------------------------------------------------------------------