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.