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.