BILL ANALYSIS
C.S.S.B. 1317
By: Armbrister
Natural Resources
04-21-95
Committee Report (Substituted)
BACKGROUND
Under existing law, fish farms, or aquaculture facilities, are
subject to licensing and rules made by the Texas Department of
Agriculture. Some members of the aquaculture community have
expressed concerns that the standards involved in the licensing
process relating to effluents from an aquaculture facility are
stringent enough to make the cost of operating such a facility
prohibitive.
PURPOSE
As proposed, C.S.S.B. 1317 amends the regulation of the aquaculture
industry by replacing licensing with registration; provides a
penalty for violation of any aquaculture provisions.
RULEMAKING AUTHORITY
It is the committee's opinion that rulemaking authority is granted
to the Parks and Wildlife Commission under SECTIONS 7 and 11
(Sections 134.013 and 134.019(a), Agriculture Code) and to the
Texas Natural Resource Conservation Commission under SECTION 20
(Section 26.049(b), Chapter 26B, Water Code) and SECTIONS 21 and 22
(Section 26.121(d)(2) and (f)(2), Water Code) of this bill.
SECTION BY SECTION ANALYSIS
SECTION 1. Amends Section 134.001, Agriculture Code, to redefine
"aquaculturist" or "fish farmer," and "aquaculture" or "fish
farming," and to define "aquaculture facility." Deletes the
definition of "owner."
SECTION 2. Amends Section 134.002, Agriculture Code, to require the
Department of Agriculture (department) to assist in the development
of aquaculture in this state by developing and implementing a plan
for promoting aquaculture products; registering aquaculture
operations; and performing other functions and activities as
required by law. Deletes language requiring the department to
establish an aquaculture program.
SECTION 3. Amends Section 134.003, Agriculture Code, as follows:
Sec. 134.003. New heading: STAFF. Authorizes the
department, rather than the department or the program
administrator, to employ the necessary staff to carry out the
functions and duties of the department under this chapter.
Deletes existing Subsection (a) requiring the department to
designate a person to administer the aquaculture program.
SECTION 4. Amends the heading to Chapter 134B, Agriculture Code,
as follows:
SUBCHAPTER B. AQUACULTURE REGISTRATION
SECTION 5. Amends Section 134.011, Agriculture Code, as follows:
Sec. 134.011. New heading: AQUACULTURE REGISTRATION
REQUIRED. Prohibits a person from operating an aquaculture
facility without first registering the facility with the
department, rather than without first acquiring a license from
the department.
SECTION 6. Amends Section 134.012, Agriculture Code, as follows:
Sec. 134.012. New heading: FISH FARM VEHICLE REGISTRATION
REQUIRED. (a) Provides that except as provided in Subsection
(b), a vehicle used to transport fish from an aquaculture
facility, rather than a fish farm, for sale from the vehicle
is required to have a fish farm vehicle registration, rather
than a fish farm vehicle license.
(b) Provides that fish farm vehicle registration is not
required for a vehicle owned by the holder of an aquaculture
facility registration, rather than an aquaculture license.
Makes a conforming change.
SECTION 7. Amends Section 134.013, Agriculture Code, to require the
Parks and Wildlife Commission (commission) to adopt rules requiring
a person operating a vehicle transporting fish regulated by bag,
possession, or size limit and prohibited from sale if taken from
public waters to carry a bill of lading that shows the weight of
the fish, among other information. Makes conforming and
nonsubstantive changes.
SECTION 8. Amends Section 134.014, Agriculture Code, as follows:
Sec. 134.014. New heading: REGISTRATION FEES. Requires the
department to issue an aquaculture facility registration or a
fish farm vehicle registration on payment of a fee by the
owner or operator, in an amount set by the commissioner of
agriculture, not to exceed $100. Makes conforming changes.
SECTION 9. Amends Section 134.015, Agriculture Code, as follows:
Sec. 134.015. New heading: FORM, DURATION, AND RENEWAL OF
REGISTRATION. (a) Makes conforming changes.
(b) Provides that a registration with the department is
valid for two years. Requires the department to renew a
registration on submission of a completed application and
payment of a fee. Makes conforming changes. Deletes
language relating to the renewal of licenses. Deletes
existing Subsection (c) relating to suspension of a license.
SECTION 10. Amends Section 134.017, Agriculture Code, to make a
conforming change.
SECTION 11. Amends Section 134.019, Agriculture Code, as
follows:
Sec. 134.019. MARKETING OF CULTURED REDFISH AND CULTURED
SPECKLED SEA TROUT. (a) Requires the commission, rather than
the commissioner, to adopt rules providing for the sale,
transportation, and possession, but not raising, of cultured
redfish and cultured speckled sea trout raised at a registered
aquaculture facility. Makes a conforming and a nonsubstantive
change.
(b) Requires the rules to require the identification of
cultured redfish and cultured speckled sea trout raised at
an aquaculture facility, rather than by an aquaculturist.
SECTION 12. Amends Section 134.022(a), Agriculture Code, to make
a nonsubstantive change.
SECTION 13. Amends Section 134.023(a), Agriculture Code, to
subject a person owning or operating an unregistered aquaculture
facility or fish farm vehicle to penalties provided by Section
12.020. Deletes language providing that a violation of this
chapter is a Class C misdemeanor.
SECTION 14. Amends Section 12.020(c), Agriculture Code, to
provide that a violation of the provisions of Chapter 134, among
others, carries a maximum penalty of $500.
SECTION 15. Amends the heading to Chapter 1D, Parks and Wildlife
Code, as follows:
SUBCHAPTER D. AQUACULTURE EXECUTIVE COMMITTEE
SECTION 16. Amends Section 1.201, Parks and Wildlife Code, as
follows:
Sec. 1.201. AQUACULTURE EXECUTIVE COMMITTEE. (a) Sets forth
the membership of the aquaculture executive committee
(committee).
(b) Makes no change.
(c) Provides that the committee meets at the call of the
chairman of the committee (chairman) or the call of three
members.
(d) Provides that members of the committee appointed by the
governor serve two-year terms.
SECTION 17. Amends Section 1.203, Parks and Wildlife Code, as
follows:
Sec. 1.203. New heading: PURPOSE. Sets forth the purpose of
the committee. Deletes language relating to review of
aquaculture rules by state agencies.
SECTION 18. Amends Section 1.205, Parks and Wildlife Code, as
follows:
Sec. 1.205. GRANTS AND GIFTS TO THE AQUACULTURE INDUSTRY.
(a) Created from existing text.
(b) Requires money received under this section to be
deposited in the general revenue fund to the credit of a
special account. Authorizes money used in the special
account to be used only for the advancement of the
aquaculture industry.
SECTION 19. Amends Section 1.206, Parks and Wildlife Code, as
follows:
Sec. 1.206. New heading: POWERS OF COMMITTEE. (a)
Authorizes the committee, rather than requiring the chairman,
to report to the legislature at certain times concerning the
status of the aquaculture industry; assist the commission in
drafting rules required to be adopted under Sections 134.013,
134.019, and 134.020(a), Agriculture Code; assist applicants
seeking aquaculture facility registration; provide technical
assistance, including demonstrations, to aquaculturists
through coordinated support from colleges and universities and
other government entities; solicit financial support from
local governments, state agencies, and the federal government
for the aquaculture industry; and study ways to develop and
expand the aquaculture industry to stimulate the state's
economy by development of the industry's infrastructure and
its business practices. Deletes language relating to the
duties of the chairman.
(b) Makes no change.
SECTION 20. Amends Chapter 26B, Water Code, by adding Section
26.049, as follows:
Sec. 26.049. REGULATION OF CONCENTRATED AQUATIC ANIMAL
PRODUCTION FACILITIES. (a) Defines "concentrated aquatic
animal production facility."
(b) Requires the Texas Natural Resource Conservation
Commission (TNRCC), by rule, to adopt standards for
preparation and submission of effluent characterization
reports by a concentrated aquatic animal production facility
that does not operate under an individual waste discharge
permit. Requires TNRCC to require samples to be taken at
least weekly at each concentrated aquatic animal production
facility to make certain determinations.
SECTION 21. Amends Section 26.121, Water Code (effective until
delegation of National Pollution Discharge Elimination System
(NPDES) permit authority to TNRCC), by adding Subsection (d), to
prohibit TNRCC from enforcing before June 1, 1999, effluent limits
based on narrative criteria relating to suspended solids on a
concentrated aquatic animal production facility in operation on
June 1, 1995, unless TNRCC makes specific findings.
SECTION 22. Amends Section 26.121, Water Code (effective upon
delegation of NPDES permit authority to the TNRCC), by adding
Subsection (f), to make a conforming change.
SECTION 23. (a) Repealer: Sections 134.006 and 134.016,
Agriculture Code (Aquaculture Fund-Records).
(b) Repealer: Section 1.204, Parks and Wildlife Code (Advisory
Committee).
SECTION 24. (a) Provides that changes in law made by this Act to
Chapter 134, Agriculture Code, requiring registration, instead of
licensing, of aquaculture facilities and fish farm vehicles do not
affect an aquaculture license or fish farm vehicle license issued
before the effective date of this Act. Provides that a license
issued before the effective date of this Act expires on the second
anniversary of its issuance, and on the expiration the former
license holder may seek renewal of registration as if the expired
license had been a registration.
(b) Requires the commission to adopt the rules required under
Section 134.013, by January 1, 1996.
(c) Provides that all rules adopted by the commissioner of
agriculture under Section 134.019, Agriculture Code, in effect
on the effective date of this Act remain in effect on or after
that date as if adopted by the commission, until amended,
repealed, withdrawn or otherwise superseded by rule of the
commission.
(d) Requires the commission, the aquaculture committee, and
Texas A&M University to jointly develop a study plan (plan) to
acquire scientific information to develop regulations for
discharge from concentrated aquatic animal facilities.
Requires the plan to include a method of funding the execution
of the plan from private or public sources. Requires the plan
to address certain provisions.
SECTION 25. Effective date: September 1, 1995.
SECTION 26. Emergency clause.