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.