By: Lucio S.B. No. 1438
A BILL TO BE ENTITLED
AN ACT
1-1 relating to the commercial transportation of aquatic products.
1-2 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-3 SECTION 1. Subsections (a) and (c), Section 47.018, Parks
1-4 and Wildlife Code, are amended to read as follows:
1-5 (a) No person, other than a common carrier shipping under
1-6 Interstate Commerce Commission rules, may bring into this state and
1-7 deliver aquatic products for any commercial purpose unless he has
1-8 obtained a wholesale fish dealer's license or a retail fish
1-9 dealer's license issued under this subchapter.
1-10 (c) No person, other than a common carrier shipping under
1-11 Interstate Commerce Commission rules, may transport aquatic
1-12 products out of this state for commercial purposes unless the
1-13 transporter first obtains a wholesale fish dealer's license or a
1-14 retail fish dealer's license.
1-15 SECTION 2. Section 47.0181, Parks and Wildlife Code, is
1-16 amended to read as follows:
1-17 Sec. 47.0181. AQUATIC PRODUCT TRANSPORTATION DOCUMENTS
1-18 <INVOICES>. (a) No person, except a commercial fisherman licensed
1-19 to take aquatic products from Texas waters transporting the
1-20 fisherman's own catch within this state, may transport aquatic
1-21 products for commercial purposes, regardless of origin or
1-22 destination, without a document <an invoice> containing the
1-23 following information correctly stated and legibly written:
2-1 (1) the document <invoice> number;
2-2 (2) the date of shipment;
2-3 (3) the name and physical address of shipper;
2-4 (4) the name and physical address of receiver;
2-5 (5) the license number of shipper; and
2-6 (6) the quantity of aquatic products contained in the
2-7 shipment described as follows:
2-8 (A)<;> finfish by species and by<,> number or
2-9 <and> weight;
2-10 (B)<,> oysters by volume;<,> and
2-11 (C) <all> other aquatic products by weight.
2-12 (b) Aquatic product transportation documents <invoices> must
2-13 be prepared by the shipper and copies retained on file by both
2-14 shipper and receiver for at least one year from the date of
2-15 shipment. The shipper shall sequentially number the documents
2-16 <invoices> during each license period. No document <invoice>
2-17 number may be used twice during any one license period by an
2-18 individual licensee.
2-19 SECTION 3. Subsection (a), Section 47.0182, Parks and
2-20 Wildlife Code, is amended to read as follows:
2-21 (a) Each container of aquatic products shipped for
2-22 commercial purposes must have a label attached to the outside
2-23 listing the kind and weight of the aquatic product contained in the
2-24 package, <following information> correctly stated and legibly
2-25 written<:>
3-1 <(1) the aquatic product transportation invoice number
3-2 of the shipment of which the container is a part; and>
3-3 <(2) the kind and weight of aquatic product>.
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.