1-1 By: Yost (Senate Sponsor - Brown) H.B. No. 2052
1-2 (In the Senate - Received from the House May 3, 1993;
1-3 May 4, 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 9, 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 licensing for the sale and purchase of mussels and
1-22 clams; providing penalties.
1-23 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-24 SECTION 1. Chapter 78, Parks and Wildlife Code, is amended
1-25 to read as follows:
1-26 CHAPTER 78. <CLAMS,> MUSSELS AND CLAMS
1-27 <, SPONGE CRABS, AND BLUE CRABS>
1-28 <SUBCHAPTER A. MUSSELS, CLAMS, OR NAIADS>
1-29 Sec. 78.001. DEFINITIONS. In this chapter:
1-30 (1) "Commercial purposes" includes sale, barter, or
1-31 exchange, or any other commercial use.
1-32 (2) "Mussels and clams" includes all freshwater and
1-33 marine bivalve mollusks except species covered under other chapters
1-34 of this code.
1-35 (3) "Nonresident" has the meaning assigned under
1-36 Section 47.001 of this code.
1-37 (4) "Soft tissue" means mussel and clam body parts,
1-38 exclusive of the shell, and pearls.
1-39 (5) "Resident" has the meaning assigned under Section
1-40 47.001 of this code.
1-41 Sec. 78.002. LICENSE REQUIRED; FEES. (a) No person may
1-42 take any mussels, clams, <or naiads> or their shells from the
1-43 public water of the state for commercial purposes without a
1-44 resident or nonresident commercial mussel and clam fisherman's
1-45 license.
1-46 <Sec. 78.002. LICENSE FORM; EXPIRATION.>
1-47 (b) The license form shall be prescribed by the department
1-48 and shall designate the water in which the licensee may operate.
1-49 <The license expires one year after the date of issuance.>
1-50 (c) The license fee for a resident commercial mussel and
1-51 clam fisherman's license is $30 or an amount set by the commission,
1-52 whichever amount is more.
1-53 (d) The license fee for a nonresident commercial mussel and
1-54 clam fisherman's license is $800 or an amount set by the
1-55 commission, whichever amount is more.
1-56 (e) The department may grant permission to use a dredge in a
1-57 designated area for an additional fee of $30 or an amount set by
1-58 the commission, whichever amount is more.
1-59 (f) A commercial mussel and clam fisherman's license expires
1-60 on August 31 following the date on which the license was issued,
1-61 regardless of the date on which the license was issued.
1-62 Sec. 78.003. SHELL BUYER LICENSE <LICENSE FEE>. (a) No
1-63 person may purchase for commercial use mussel or clam shells that
1-64 have been taken from the public water of the state without a
1-65 resident or nonresident shell buyer's license, except as allowed
1-66 under Section 78.005 of this code.
1-67 (b) The license form shall be prescribed by the department.
1-68 (c) The license fee for a resident shell buyer's license is
2-1 $100 or an amount set by the commission, whichever amount is more.
2-2 (d) The license fee for a nonresident shell buyer's license
2-3 is $1,500 or an amount set by the commission, whichever amount is
2-4 more.
2-5 (e) A shell buyer's license expires on August 31 following
2-6 the date on which the license was issued, regardless of the date on
2-7 which the license was issued.
2-8 (f) The holder of a shell buyer's license shall file with
2-9 the department a report of activities performed under the license
2-10 in a form and manner specified by the department <The license fee
2-11 is $20, payable to the department, with an additional $45 fee for
2-12 permission to use a dredge. In lieu of those fees, the commission
2-13 may set the fees in greater amounts>.
2-14 Sec. 78.004. EXPORT FEE. The commission may charge a fee of
2-15 three cents a pound or an amount set by the commission, whichever
2-16 amount is more, for mussels or clams or mussel or clam shells that
2-17 are harvested from the public water of the state for export. Funds
2-18 collected from shell export fees may be used only for research and
2-19 mitigation and management activities associated with mussels and
2-20 clams.
2-21 Sec. 78.005. EXEMPTION FOR PERSONAL USE AND CONSUMPTION. A
2-22 person who possesses a valid fishing license or who is a resident
2-23 and is exempt from licensing requirements under Section 46.002 of
2-24 this code may take or harvest from the public water of the state,
2-25 for personal use and consumption only, not more than 25 pounds a
2-26 day of whole mussels and clams, including shell and soft tissue, or
2-27 12 pounds a day of mussel and clam shells.
2-28 Sec. 78.006. REGULATION OF TAKING, POSSESSION, PURCHASE, AND
2-29 SALE OF MUSSELS AND CLAMS. (a) The commission by proclamation may
2-30 regulate the taking, possession, purchase, and sale of mussels and
2-31 clams. A proclamation issued under this section must contain
2-32 findings by the commission that support the need for the
2-33 proclamation.
2-34 (b) In determining the need for a proclamation under
2-35 Subsection (a) of this section, the commission shall consider:
2-36 (1) measures to prevent the depletion of mussels and
2-37 clams;
2-38 (2) measures based on the best scientific information
2-39 available;
2-40 (3) measures to manage mussels and clams;
2-41 (4) measures, where practicable, that will minimize
2-42 cost and avoid unnecessary duplication in their administration; and
2-43 (5) measures that will enhance enforcement.
2-44 (c) A proclamation issued under Subsection (a) of this
2-45 section may limit the quantity and size of mussels and clams that
2-46 may be taken, possessed, sold, or purchased and may prescribe the
2-47 times, places, conditions, and means and manner of taking mussels
2-48 and clams.
2-49 (d) A proclamation of the commission under this section
2-50 prevails over a proclamation of the commission issued under Chapter
2-51 61 of this code.
2-52 (e) A proclamation of the commission under this section does
2-53 not prevail over:
2-54 (1) an order, rule, or regulation adopted by the
2-55 commissioner of health; or
2-56 (2) a proclamation of the commission issued under
2-57 Chapter 66 of this code.
2-58 Sec. 78.007 <78.004>. UNLAWFUL ACTS. A person who violates
2-59 the provisions of this chapter <Section 78.001 of this code>
2-60 commits a Class C Parks and Wildlife Code misdemeanor.
2-61 SECTION 2. This Act takes effect September 1, 1993, and
2-62 applies to all mussels, clams, and their shells taken from the
2-63 public water of the state on or after that date.
2-64 SECTION 3. The importance of this legislation and the
2-65 crowded condition of the calendars in both houses create an
2-66 emergency and an imperative public necessity that the
2-67 constitutional rule requiring bills to be read on three several
2-68 days in each house be suspended, and this rule is hereby suspended.
2-69 * * * * *
2-70 Austin,
3-1 Texas
3-2 May 14, 1993
3-3 Hon. Bob Bullock
3-4 President of the Senate
3-5 Sir:
3-6 We, your Committee on Natural Resources to which was referred H.B.
3-7 No. 2052, have had the same under consideration, and I am
3-8 instructed to report it back to the Senate with the recommendation
3-9 that it do pass and be printed.
3-10 Sims,
3-11 Chairman
3-12 * * * * *
3-13 WITNESSES
3-14 FOR AGAINST ON
3-15 ___________________________________________________________________
3-16 Name: Kenneth Kurzawski x
3-17 Representing: TX Parks & Wildlife Dept.
3-18 City: Austin
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