73R7439 MLR-F
By Yost H.B. No. 2052
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to licensing for the sale and purchase of mussels and
1-3 clams; providing penalties.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Chapter 78, Parks and Wildlife Code, is amended
1-6 to read as follows:
1-7 CHAPTER 78. <CLAMS,> MUSSELS AND CLAMS
1-8 <, SPONGE CRABS, AND BLUE CRABS>
1-9 <SUBCHAPTER A. MUSSELS, CLAMS, OR NAIADS>
1-10 Sec. 78.001. DEFINITIONS. In this chapter:
1-11 (1) "Commercial purposes" includes sale, barter, or
1-12 exchange, or any other commercial use.
1-13 (2) "Mussels and clams" includes all freshwater and
1-14 marine bivalve mollusks except species covered under other chapters
1-15 of this code.
1-16 (3) "Nonresident" has the meaning assigned under
1-17 Section 47.001 of this code.
1-18 (4) "Soft tissue" means mussel and clam body parts,
1-19 exclusive of the shell, and pearls.
1-20 (5) "Resident" has the meaning assigned under Section
1-21 47.001 of this code.
1-22 Sec. 78.002. LICENSE REQUIRED; FEES. (a) No person may
1-23 take any mussels, clams, <or naiads> or their shells from the
1-24 public water of the state for commercial purposes without a
2-1 resident or nonresident commercial mussel and clam fisherman's
2-2 license.
2-3 <Sec. 78.002. LICENSE FORM; EXPIRATION.>
2-4 (b) The license form shall be prescribed by the department
2-5 and shall designate the water in which the licensee may operate.
2-6 <The license expires one year after the date of issuance.>
2-7 (c) The license fee for a resident commercial mussel and
2-8 clam fisherman's license is $30 or an amount set by the commission,
2-9 whichever amount is more.
2-10 (d) The license fee for a nonresident commercial mussel and
2-11 clam fisherman's license is $800 or an amount set by the
2-12 commission, whichever amount is more.
2-13 (e) The department may grant permission to use a dredge in a
2-14 designated area for an additional fee of $30 or an amount set by
2-15 the commission, whichever amount is more.
2-16 (f) A commercial mussel and clam fisherman's license expires
2-17 on August 31 following the date on which the license was issued,
2-18 regardless of the date on which the license was issued.
2-19 Sec. 78.003. SHELL BUYER LICENSE <LICENSE FEE>. (a) No
2-20 person may purchase for commercial use mussel or clam shells that
2-21 have been taken from the public water of the state without a
2-22 resident or nonresident shell buyer's license, except as allowed
2-23 under Section 78.005 of this code.
2-24 (b) The license form shall be prescribed by the department.
2-25 (c) The license fee for a resident shell buyer's license is
2-26 $100 or an amount set by the commission, whichever amount is more.
2-27 (d) The license fee for a nonresident shell buyer's license
3-1 is $1,500 or an amount set by the commission, whichever amount is
3-2 more.
3-3 (e) A shell buyer's license expires on August 31 following
3-4 the date on which the license was issued, regardless of the date on
3-5 which the license was issued.
3-6 (f) The holder of a shell buyer's license shall file with
3-7 the department a report of activities performed under the license
3-8 in a form and manner specified by the department <The license fee
3-9 is $20, payable to the department, with an additional $45 fee for
3-10 permission to use a dredge. In lieu of those fees, the commission
3-11 may set the fees in greater amounts>.
3-12 Sec. 78.004. EXPORT FEE. The commission may charge a fee of
3-13 three cents a pound or an amount set by the commission, whichever
3-14 amount is more, for mussels or clams or mussel or clam shells that
3-15 are harvested from the public water of the state for export. Funds
3-16 collected from shell export fees may be used only for research and
3-17 mitigation and management activities associated with mussels and
3-18 clams.
3-19 Sec. 78.005. EXEMPTION FOR PERSONAL USE AND CONSUMPTION. A
3-20 person who possesses a valid fishing license or who is a resident
3-21 and is exempt from licensing requirements under Section 46.002 of
3-22 this code may take or harvest from the public water of the state,
3-23 for personal use and consumption only, not more than 25 pounds a
3-24 day of whole mussels and clams, including shell and soft tissue, or
3-25 12 pounds a day of mussel and clam shells.
3-26 Sec. 78.006. REGULATION OF TAKING, POSSESSION, PURCHASE, AND
3-27 SALE OF MUSSELS AND CLAMS. (a) The commission by proclamation may
4-1 regulate the taking, possession, purchase, and sale of mussels and
4-2 clams. A proclamation issued under this section must contain
4-3 findings by the commission that support the need for the
4-4 proclamation.
4-5 (b) In determining the need for a proclamation under
4-6 Subsection (a) of this section, the commission shall consider:
4-7 (1) measures to prevent the depletion of mussels and
4-8 clams;
4-9 (2) measures based on the best scientific information
4-10 available;
4-11 (3) measures to manage mussels and clams;
4-12 (4) measures, where practicable, that will minimize
4-13 cost and avoid unnecessary duplication in their administration; and
4-14 (5) measures that will enhance enforcement.
4-15 (c) A proclamation issued under Subsection (a) of this
4-16 section may limit the quantity and size of mussels and clams that
4-17 may be taken, possessed, sold, or purchased and may prescribe the
4-18 times, places, conditions, and means and manner of taking mussels
4-19 and clams.
4-20 (d) A proclamation of the commission under this section
4-21 prevails over a proclamation of the commission issued under Chapter
4-22 61 of this code.
4-23 (e) A proclamation of the commission under this section does
4-24 not prevail over:
4-25 (1) an order, rule, or regulation adopted by the
4-26 commissioner of health; or
4-27 (2) a proclamation of the commission issued under
5-1 Chapter 66 of this code.
5-2 Sec. 78.007 <78.004>. UNLAWFUL ACTS. A person who violates
5-3 the provisions of this chapter <Section 78.001 of this code>
5-4 commits a Class C Parks and Wildlife Code misdemeanor.
5-5 SECTION 2. This Act takes effect September 1, 1993, and
5-6 applies to all mussels, clams, and their shells taken from the
5-7 public water of the state on or after that date.
5-8 SECTION 3. The importance of this legislation and the
5-9 crowded condition of the calendars in both houses create an
5-10 emergency and an imperative public necessity that the
5-11 constitutional rule requiring bills to be read on three several
5-12 days in each house be suspended, and this rule is hereby suspended.