BILL ANALYSIS


                                                         S.B. 814
                                                        By: Brown
                                                Natural Resources
                                                         03-15-95
                                     Committee Report (Unamended)
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

As proposed, 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) Makes a license expire on August 31 following the date
       of issuance.
       
       (e) 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.    Effective date: January 1, 1996.

SECTION 11.    (a) Provides that this section takes effect
September 1, 1995.

     (b) Authorizes the commission to adopt rules, before January
     1, 1996, to administer changes made by this Act; to set
     effective dates for those rules; and to take specific action
     with respect to the issuance of commercial shrimp boat
     captain's licenses.
     
     (c) Authorizes the commission, before August 31, 1996, to
     issue an initial license for a certain term and to charge a
     specific fee for the license.
     
     (d)-(e) Make application of this Act prospective.
     
     SECTION 12.    Emergency clause.