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
   3-19  -------------------------------------------------------------------