BILL ANALYSIS C.S.S.B. 814 By: Brown (Siebert) April 26, 1995 Committee Report (Substituted) BACKGROUND Under current law, a person who catches and sells shrimp legally in Texas must acquire catching and selling licenses issued under Chapter 77, Parks and Wildlife Code, as well as licenses issued under Chapter 47, Parks and Wildlife Code, determined by what aquatic products are retained and how they are disposed. This process has caused confusion both for the industry and the Parks and Wildlife Department. PURPOSE C.S.S.B. 814 sets forth provisions for a commercial shrimp boat captain's license, which allows the catch and sale of any legal aquatic product caught incidental to legal shrimping, and expands the requirements concerning other commercial licenses to catch, unload, and sell aquatic products. RULEMAKING AUTHORITY It is the committee's opinion that this bill does not grant any additional rulemaking authority to a state officer, institution, or agency. SECTION BY SECTION ANALYSIS SECTION 1. Amends Section 47.001(1), Parks and Wildlife Code, to expand the definition of "commercial fisherman." SECTION 2. Amends Section 47.002, Parks and Wildlife Code, by adding Subsections (e), (f), and (g), as follows: (e) Provides that a person who catches or assists in catching shrimp on a licensed commercial shrimp boat is not required to obtain a general commercial fisherman's license, even though aquatic life other than shrimp are caught incidental to shrimping. (f) Provides that a person who takes or assists in taking oysters on a licensed commercial oyster boat is not required to obtain a general commercial fisherman's license. (g) Provides that a person licensed as a bait dealer, if the person is catching bait only, is not required to obtain a general commercial fisherman's license. SECTION 3. Amends Section 47.0091, Parks and Wildlife Code, to add the holder of a commercial shrimp boat captain's license to the list of persons from whom a wholesale fish dealer may purchase aquatic products for commercial purposes. SECTION 4. Amends Section 47.0111, Parks and Wildlife Code, to add the holder of a commercial shrimp boat captain's license to the list of persons from whom a retail fish dealer may purchase aquatic products for commercial purposes. SECTION 5. Amends Section 47.012, Parks and Wildlife Code, to add the holder of a commercial shrimp boat captain's license to the list of persons from whom a restaurant owner, operator, or employee may purchase aquatic products for commercial purposes. SECTION 6. Amends Section 66.019(f), Parks and Wildlife Code, to expand the information required on a cash sale ticket. Makes conforming changes. SECTION 7. Amends Chapter 77C, Parks and Wildlife Code, by adding Sections 77.0351 and 77.0352, as follows: Sec. 77.0351. COMMERCIAL SHRIMP BOAT CAPTAIN'S LICENSE. (a) Prohibits a captain of a licensed shrimp boat, unless the person holds a commercial shrimp boat captain's license (license), to operate the licensed boat while catching shrimp from this state's public waters or unloading in this state aquatic products taken from saltwater outside this state for pay or sale. (b) Establishes the fee for a resident license as $25 or an amount set by the Parks and Wildlife Commission (commission), whichever amount is more. (c) Establishes the fee for a nonresident license as $100 or an amount set by the commission, whichever amount is more. (d) Defines "resident" and "nonresident." Sec. 77.0352. SALE OF CATCH. (a) Authorizes the holder of a commercial shrimp boat license to sell only shrimp caught from the licensed vessel. (b) Authorizes a commercial shrimp boat license holder to sell aquatic products other than shrimp if they were taken incidental to lawful shrimping on the licensed vessel and comply with all regulations and provisions of this code. (c) Authorizes a commercial shrimp boat captain's license holder to sell only the shrimp caught from the vessel operated by the holder and aquatic products other than shrimp if they were taken incidental to lawful shrimping and are in compliance with regulations and provisions of this code. (d) Provides that Subsection (c) does not authorize the sale of aquatic products without the consent of the owner of the vessel used to make the catch. (e) Prohibits any person from selling the catch, except as provided by this section. SECTION 8. Amends Section 77.040(b), Parks and Wildlife Code, to make conforming changes. SECTION 9. Repealer: Section 47.018(e), Parks and Wildlife Code (Interstate Transportation). SECTION 10. (a) Provides that this Act takes effect September 1, 1995. (b) The change in law applies only to an offense committed on or after September 1, 1995. (c) An offense committed before September 1, 1995, is covered by the law in effect when the offense was committed. SECTION 11. Emergency clause. COMPARISON OF ORIGINAL TO SUBSTITUTE SECTION 7, Sec. 77.0351(d), of the original bill is deleted in the committee substitute. SECTION 10 of the original bill is deleted in C.S.S.B. 814. The committee substitute provides that the entire Act take effect on September 1, 1995; the original bill had two different effective dates. In addition, the committee substitute changes language in the bill to reflect that this Act applies only to offenses committed on or after September 1, 1995. SECTION 11, subsections (d) and (e), of the original bill are deleted in the committee substitute. SUMMARY OF COMMITTEE ACTION S.B. 814 was considered by the Committee on State Recreational Resources in a public hearing on April 26, 1995. The committee considered a complete substitute for the bill. The following person testified against the bill: Jim Sagnes representing Texas Shrimp Association. The following person testified neutrally on the bill: James Robertson representing Texas Parks and Wildlife Department. The substitute was adopted without objection. The bill was reported favorably as substituted, with the recommendation that it do pass and be printed, by a record vote of 6 ayes, 0 nays, 0 pnv, 3 absent.