BILL ANALYSIS
S.B. 750
By: Patterson (Uher)
March 31, 1995
Committee Report (Unamended)
BACKGROUND
The Parks and Wildlife Department has devised a licensing program
to oversee shrimp harvesting in Texas bays. This plan is a limited
entry plan to manage shrimp licenses in Texas that attempts to
balance overfishing with the interests of the local fishing
economy. Similar plans have already been implemented in other
coastal states.
PURPOSE
As proposed, S.B. 750 requires the Parks and Wildlife Department to
implement a shrimp license management program and a shrimp license
management review board to regulate the commercial shrimping
industry.
RULEMAKING AUTHORITY
It is the committee's opinion that rulemaking authority is
expressly delegated to the Parks and Wildlife Commission under
SECTION 1 (Sections 77.117(d)(5), 77.119(b) and 77.121(b), Chapter
77F, Parks and Wildlife Code) of this bill.
SECTION BY SECTION ANALYSIS
SECTION 1. Amends Chapter 77, Parks and Wildlife Code, by adding
Subchapter F, as follows:
SUBCHAPTER F. SHRIMP LICENSE MANAGEMENT
Sec. 77.111. SHRIMP LICENSE MANAGEMENT PROGRAM. Requires
the Parks and Wildlife Department (department) to implement a
shrimp license management program to promote economic stability in
the shrimping industry and to conserve economically important
resources.
Sec. 77.112. ISSUANCE AND RENEWAL OF COMMERCIAL BAY AND BAIT
SHRIMP BOAT LICENSE. (a) Prohibits the department from
issuing a new commercial bay or bait shrimp boat license
(license) after August 31, 1995, unless the person seeking to
obtain the license documents certain information about the vessel
to the satisfaction of the department.
(b) Authorizes the department to renew a license for the
license year ending August 31, 1996, only if the person
seeking license renewal owns the vessel and held the license
to be renewed on April 1, 1995, or attained the license through a transfer.
(c) Authorizes the Parks and Wildlife Commission
(commission) to renew a license after August 31, 1996, only
if the person owns the vessel and held the license to be
renewed during the preceding license year.
(d) Requires an applicant for a new or renewed license
for a vessel required by U.S. Coast Guard rules to be
documented by the U.S. Coast Guard to submit to the
department a U.S. Coast Guard certificate of
documentation for the vessel with the license
application.
Sec. 77.113. LICENSE TRANSFER. (a) Prohibits a license from
being transferred before September 1, 1999, except as provided by
this section. (b) Authorizes a license to be transferred at
any time, by sale or otherwise between certain parties.
Sec. 77.114. LIMIT ON NUMBER OF LICENSES HELD; DESIGNATED
LICENSE HOLDER. (a) Prohibits a person from holding or directly
or indirectly controlling more than four commercial bay and
commercial boat licenses.
(b) Authorizes a person who qualifies to renew a license
to hold each renewed license and after that date is
authorized to retain and renew the licenses until the licenses are transferred, not renewed or revoked. Prohibits a
person from holding or renewing more than four commercial
bay and four commercial boat licenses after August 31, 2002.
(c) Requires a license to be issued to an individual.
Requires a person other than the individual who wishes to
retain or seek a new license of either type to designate an
individual to whom the license will be issued.
Sec. 77.115. TRANSFER FEE. Authorizes the commission to set
a fee for the transfer of a license. Prohibits the transfer fee
from exceeding the amount of the license fee.
Sec. 77.116. LENGTH AND ENGINE LIMITS; VESSEL UPGRADE. (a)
Sets forth engine horsepower and length limits of a licensed
vessel.
(b) Prohibits a licensed vessel from being lengthened
or having the horsepower increased more than once by
September 1, 1995.
(c) Prohibits a vessel from being lengthened more than
15 percent of its length.
(d) Authorizes a license to be renewed for a vessel that
on September 1, 1995, is licensed as a commercial bay or
bait shrimp boat and exceeds the length or horsepower limit
of Subsection (a). Prohibits that vessel from being lengthened or having the horsepower increased. Requires the
replacement vessel, if the original vessel is replaced, to
meet the engine and length requirements under Subsection
(a).
(e) Requires the vessel length to be determined by U.S.
Coast Guard specifications in effect on September 1, 1995.
Sec. 77.117. LICENSE SUSPENSION AND REVOCATION. (a)
Authorizes the executive director of the Parks and Wildlife
Department (executive director), after notice and a hearing, to
suspend a license if the license holder or any other operator of
the licensed vessel is convicted of one or more flagrant offenses
totalling three flagrant offenses for the licensed
vessel. Sets forth the circumstances that may result in a suspension and the time period of each suspension.
(b) Provides that a license suspension does not affect
the license holder's eligibility for license renewal,
except as provided in Subsection (c).
(c) Authorizes the executive director to permanently
revoke a license, after notice and a hearing if the
license holder's license has been previously suspended twice under this section; the license holder or any other
operator of the licensed vessel is convicted of one or more
flagrant offenses totalling three flagrant offenses for the licensed vessel; and the date of each offense is in a 24-consecutive-month period beginning after the date of the
most previous suspension under this section.
(d) Sets forth violations that are considered flagrant
offenses.
Sec. 77.118. SHRIMP LICENSE MANAGEMENT REVIEW BOARD. (a)
Requires license holders to elect a nine-member shrimp license
management review board (board).
(b) Requires a member of the board to be a license
holder.
(c) Requires the nine members to be selected to reflect
a certain geographical distribution according to the county
of residence specified on the license of each member.
(d) Requires the board to advise the commission and the
department and make recommendations concerning the
administrative aspects of the program, including hardship and
appeal cases concerning eligibility; license transfer, renewal, suspension, and revocation; and the vessels.
(e) Requires the executive director to adopt procedures
for the election and operation of the board. Requires the
executive director to consider recommendations from
license holders regarding procedures.
(f) Provides that the board is not subject to Article
6252-33, V.T.C.S.
Sec. 77.119. LICENSE BUY-BACK PROGRAM. (a) Authorizes the
department to implement a license buy-back program as part of the
program.
(b) Authorizes the commission, by rule, to establish
criteria by which the department selects licenses to be
purchased. Authorizes the commission to delegate to the
executive director the authority to develop the criteria through rulemaking procedures. Requires the commission, by
order, to adopt the rules establishing the criteria.
Requires the commission or executive director to consult with
the board concerning establishment of the criteria.
(c) Requires the commission to retire each license
purchased under the program until it finds that management
of the shrimp fishery allows reissue of the old licenses
through auction or lottery.
Sec. 77.120. SHRIMP LICENSE BUY-BACK ACCOUNT; FEE INCREASE.
Provides that the shrimp license buy-back account (account) is
a separate account in the general revenue fund which consists of
money deposited under this section. Provides that Sections
403.094 and 403.095, Government Code, do not apply to this section.
(b) Authorizes the department to accept grants and money
or material donations from private or public sources to be
applied to the account.
(c) Requires the department, in addition to fee
increases the department is authorized to make under this
code, to increase the fees for certain licenses by 15
percent, but not by more than $25. Requires the department to
deposit the amount of the increase to the credit of the
account.
(d) Requires the department to deposit transfer fees
from Section 77.115 to the credit of the account.
(e) Authorizes money in the account to be used only to
purchase a license from a willing license holder.
Sec. 77.121. PROGRAM ADMINISTRATION; RULES. (a) Requires
the executive director to establish administrative procedures to
complete the requirements of this chapter.
(b) Requires the commission to adopt rules necessary for
the administration of the program.
Sec. 77.122. REPORT TO LEGISLATURE. Requires the department
to report to the governor and each legislative member an
overview of the status of the program, including the biological,
sociological, and economic effects of the program.
Sec. 77.123. PREVAILING AUTHORITY. Provides that a
proclamation of the commission prevails over any conflict of
this chapter to the extent of the conflict.
SECTION 2. Amends Section 11.032(b), Parks and Wildlife Code, to
make conforming changes.
SECTION 3. Amends Section 77.0361(c), Parks and Wildlife Code, to
make a conforming change.
SECTION 4. (a) Requires the commission to adopt any rules
necessary for the administration of the program, as soon as
practicable after the effective date of the Act.
(b) Requires the executive director to adopt procedures for
the election of the board, as soon as practicable after the
effective date of this Act. Requires the election of the board to be held by November 1, 1995.
SECTION 5. Emergency clause.
Effective date: upon passage.
SUMMARY OF COMMITTEE ACTION
S.B. 750 was considered by the Committee on State Recreational
Resources in a public hearing on March 29, 1995.
The bill was reported favorably without amendment, with the
recommendation that it do pass and be printed, by a record vote of
7 ayes, 0 nays, 0 pnv, 2 absent.