1-1  By:  Brown                                             S.B. No. 441
    1-2        (In the Senate - Filed February 23, 1993; February 23, 1993,
    1-3  read first time and referred to Committee on Natural Resources;
    1-4  March 16, 1993, reported adversely, with favorable Committee
    1-5  Substitute by the following vote:  Yeas 9, Nays 0; March 16, 1993,
    1-6  sent to printer.)
    1-7                            COMMITTEE VOTE
    1-8                          Yea     Nay      PNV      Absent 
    1-9        Sims               x                               
   1-10        Truan              x                               
   1-11        Armbrister         x                               
   1-12        Barrientos                                     x   
   1-13        Bivins             x                               
   1-14        Brown              x                               
   1-15        Carriker                                       x   
   1-16        Lucio              x                               
   1-17        Montford           x                               
   1-18        Ratliff            x                               
   1-19        Shelley            x                               
   1-20  COMMITTEE SUBSTITUTE FOR S.B. No. 441                    By:  Brown
   1-21                         A BILL TO BE ENTITLED
   1-22                                AN ACT
   1-23  relating to the issuance of tags for certain finfish species and to
   1-24  the purchases of aquatic products; providing penalties.
   1-25        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
   1-26        SECTION 1.  Chapter 46, Parks and Wildlife Code, is amended
   1-27  by amending Sections 46.006 through 46.015 and by adding Section
   1-28  46.0086 to read as follows:
   1-29        Sec. 46.006.  DUPLICATE LICENSE OR TAG.  (a)  If a license
   1-30  issued under this subchapter is lost or destroyed, a license deputy
   1-31  may issue a duplicate license on application of the license holder
   1-32  and receipt of $5 or an amount set by the commission, whichever
   1-33  amount is more.  If a tag issued under this subchapter is lost or
   1-34  destroyed, a license deputy may issue a duplicate tag on
   1-35  application of the tag holder and payment of a fee authorized by
   1-36  general law and set by the commission.
   1-37        (b)  The application for a duplicate license or tag must be
   1-38  an affidavit containing:
   1-39              (1)  the facts concerning the loss or destruction of
   1-40  the license or tag; and
   1-41              (2)  the serial number of the lost or destroyed license
   1-42  or tag.
   1-43        (c)  The license deputy issuing the license may retain 50
   1-44  cents as a fee for issuing the duplicate license.
   1-45        Sec. 46.007.  EXPIRATION OF LICENSES AND TAGS.  (a)  A
   1-46  license required or authorized by this subchapter is valid only
   1-47  during the yearly period for which it is issued without regard to
   1-48  the date on which the license is acquired.  Each yearly period
   1-49  begins on September 1 of a year and extends through August 31 of
   1-50  the next year.
   1-51        (b)  A duplicate license is valid for the period of validity
   1-52  of the original license only.
   1-53        (c)  A tag or duplicate tag required or authorized by this
   1-54  subchapter is valid for a period as established by the commission.
   1-55        Sec. 46.008.  LICENSE INFORMATION.  A license issued under
   1-56  this subchapter must contain:
   1-57              (1)  the year for which the license is issued (printed
   1-58  across the face of the license);
   1-59              (2)  the name, address, and residence of the licensee;
   1-60              (3)  an approximate weight, height, age, and color of
   1-61  hair and eyes of the licensee for identification in the field; and
   1-62              (4)  the statement:  "This license does not entitle the
   1-63  holder to fish on the enclosed and posted lands of another without
   1-64  the consent of the owner or his agent."
   1-65        Sec. 46.0085.  FORM AND ISSUANCE OF LICENSE AND TAGS.
   1-66  (a)  The department shall prescribe the form of and shall issue the
   1-67  licenses and tags authorized by this chapter.
   1-68        (b)  A license and tag issued under this chapter is not valid
    2-1  until the person to whom it is issued completes all required
    2-2  information on the license.
    2-3        (c)  The department may issue tags for finfish species
    2-4  allowed by law to be taken during each year or season from coastal
    2-5  waters of the state to holders of licenses authorizing the taking
    2-6  of finfish species.  The fees for the tags are to be authorized by
    2-7  general law and set by the commission.
    2-8        Sec. 46.0086.  FINFISH TAGS:  PROHIBITED ACTS.  (a)  No
    2-9  person may purchase or use more finfish tags during  a license year
   2-10  than the number and type authorized for the year by the commission,
   2-11  excluding duplicate tags issued under Section 46.006 of this code.
   2-12        (b)  A person may not:
   2-13              (1)  use the same finfish tag on more than one finfish;
   2-14              (2)  use a finfish tag issued in the name of another;
   2-15              (3)  use a tag on a finfish for which another tag is
   2-16  specifically required; or
   2-17              (4)  take a finfish required to be tagged and fail to
   2-18  immediately attach a properly executed tag to the finfish in the
   2-19  manner prescribed by the commission.
   2-20        Sec. 46.009.  LICENSE DEPUTIES.  Employees of the department,
   2-21  county clerks, and any person designated by the department to issue
   2-22  licenses and tags are license deputies and may issue licenses and
   2-23  tags under this subchapter.  An employee of the department may not
   2-24  retain a collection or issuance fee.
   2-25        Sec. 46.010.  DUTIES OF LICENSE DEPUTIES.  The license deputy
   2-26  shall:
   2-27              (1)  fill out correctly and preserve for the use of the
   2-28  department the stubs attached to the license or tag; and
   2-29              (2)  keep a complete and correct record of all licenses
   2-30  or tags issued, showing the name and residence of each licensee,
   2-31  the serial number of the license, and the date of issuance of the
   2-32  license or tag.
   2-33        Sec. 46.011.  MONTHLY REPORT.  (a)  After the end of each
   2-34  calendar month, license deputies shall send to the department a
   2-35  report in a form and manner prescribed by the department.
   2-36        (b)  The department shall credit the license deputy with the
   2-37  amount remitted.
   2-38        Sec. 46.012.  LICENSE BOOKS.  <(b)>  Unissued licenses or
   2-39  tags shall be returned on the request of the department.
   2-40        Sec. 46.013.  ISSUANCE OR ACCEPTANCE OF LICENSE.  No person
   2-41  may issue or accept a license or tag required by this subchapter
   2-42  except on a form provided by the department.
   2-43        Sec. 46.014.  FISHING UNDER THE LICENSE OF ANOTHER.  No
   2-44  person may fish under a license issued to another or allow another
   2-45  person to fish under a license issued to him.
   2-46        Sec. 46.015.  PENALTY.  (a)  A person who violates a
   2-47  provision of this subchapter or, except as provided by Subsection
   2-48  (b) of this section, who fails or refuses to show an officer his
   2-49  license or tag on the request of the officer commits an offense
   2-50  that is a Class C Parks and Wildlife Code misdemeanor.
   2-51        (b)  If on or before the trial of any person charged with the
   2-52  failure or refusal to show an officer a license or tag issued under
   2-53  this subchapter, the person produces for the court or the
   2-54  prosecuting attorney the proper fishing license or tag issued to
   2-55  the person and valid at the time of the offense, the court having
   2-56  jurisdiction of the suit shall dismiss the charge.
   2-57        SECTION 2.  Section 47.0111, Parks and Wildlife Code, is
   2-58  amended to read as follows:
   2-59        Sec. 47.0111.  PURCHASE OF AQUATIC PRODUCTS BY RETAIL FISH
   2-60  DEALERS.  No retail fish dealer may purchase for resale or receive
   2-61  for sale, barter, exchange, or any other commercial purposes any
   2-62  aquatic products from any person or entity in this state unless he
   2-63  purchases the product from the holder of:
   2-64              (1)  a wholesale fish dealer's license; or
   2-65              (2)  <a general commercial fisherman's license; or>
   2-66              <(3)>  a fish farmer's license, except that a retail
   2-67  fish dealer may make written application to the department and
   2-68  shall receive a permit allowing that dealer to purchase aquatic
   2-69  products from the holder of a general commercial fisherman's
   2-70  license.  Any dealer receiving this permit must abide by all other
    3-1  applicable laws, including statistical reporting requirements
    3-2  outlined in Section 66.019 of this code.
    3-3        SECTION 3.  This Act takes effect September 1, 1993.
    3-4        SECTION 4.  The importance of this legislation and the
    3-5  crowded condition of the calendars in both houses create an
    3-6  emergency and an imperative public necessity that the
    3-7  constitutional rule requiring bills to be read on three several
    3-8  days in each house be suspended, and this rule is hereby suspended,
    3-9  and that this Act take effect and be in force according to its
   3-10  terms, and it is so enacted.
   3-11                               * * * * *
   3-12                                                         Austin,
   3-13  Texas
   3-14                                                         March 16,
   3-15  1993
   3-16  Hon. Bob Bullock
   3-17  President of the Senate
   3-18  Sir:
   3-19  We, your Committee on Natural Resources to which was referred S.B.
   3-20  No. 441, have had the same under consideration, and I am instructed
   3-21  to report it back to the Senate with the recommendation that it do
   3-22  not pass, but that the Committee Substitute adopted in lieu thereof
   3-23  do pass and be printed.
   3-24                                                         Sims,
   3-25  Chairman
   3-26                               * * * * *
   3-27                               WITNESSES
   3-28                                                  FOR   AGAINST  ON
   3-29  ___________________________________________________________________
   3-30  Name:  Gene McCurty                                            x
   3-31  Representing:  TPWD
   3-32  City:  Austin
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   3-34  Name:  Dick G. Ingram                            x
   3-35  Representing:  GCCA
   3-36  City:  Nueces
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   3-38  Name:  Hal R. Osburn                                           x
   3-39  Representing:  Tx. Parks and Wildlife Dept.
   3-40  City:  Austin
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