By Uher, Gray, Eiland, Luna H.B. No. 1841
74R6893 MI-F
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the creation of a license management program for
1-3 certain commercial fishing.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Chapter 77, Parks and Wildlife Code, is amended
1-6 by adding Subchapter F to read as follows:
1-7 SUBCHAPTER F. SHRIMP LICENSE MANAGEMENT
1-8 Sec. 77.111. SHRIMP LICENSE MANAGEMENT PROGRAM. For the
1-9 purposes of promoting efficiency and economic stability in the
1-10 shrimping industry and of conserving economically important shrimp
1-11 resources, the department shall implement a shrimp license
1-12 management program in accordance with the shrimp management plan
1-13 adopted by the commission under Section 77.007 and as prescribed by
1-14 this subchapter.
1-15 Sec. 77.112. ISSUANCE AND RENEWAL OF COMMERCIAL BAY AND BAIT
1-16 SHRIMP BOAT LICENSES. (a) After August 31, 1995, the department
1-17 may not issue a new commercial bay or bait shrimp boat license
1-18 unless the person seeking to obtain the license documents to the
1-19 satisfaction of the department that the vessel for which the
1-20 license is sought:
1-21 (1) is owned by the person;
1-22 (2) was under construction and at least 50 percent
1-23 completed on April 1, 1995; and
1-24 (3) is intended to be licensed and used as a
2-1 commercial bay or bait shrimp boat.
2-2 (b) For the license year ending August 31, 1996, the
2-3 department may renew a commercial bay or bait shrimp boat license
2-4 only if the person seeking renewal of the license:
2-5 (1) owns the commercial bay or bait shrimp boat for
2-6 which the license renewal is sought; and
2-7 (2) held the license to be renewed on April 1, 1995,
2-8 or, after that date, obtained the license to be renewed by a
2-9 transfer authorized by Section 77.113.
2-10 (c) After August 31, 1996, the commission may renew a
2-11 commercial bay or bait shrimp boat license only if the person
2-12 seeking to renew the license:
2-13 (1) owns the commercial bay or bait shrimp boat for
2-14 which the license renewal is sought; and
2-15 (2) held the license to be renewed during the
2-16 preceding license year.
2-17 Sec. 77.113. LICENSE TRANSFER. (a) Except as provided by
2-18 this section, a commercial bay or bait shrimp boat license may not
2-19 be transferred from one person to another before September 1, 1999.
2-20 (b) A commercial bay or bait shrimp boat license may be
2-21 transferred at any time, by sale or otherwise:
2-22 (1) between holders of a commercial bay or bait shrimp
2-23 boat license;
2-24 (2) between a holder of a commercial bay or bait
2-25 shrimp boat license and a qualified shrimp boat captain as defined
2-26 by the shrimp license management review board and approved by the
2-27 executive director; or
3-1 (3) to an heir or devisee of the deceased holder of
3-2 the commercial bay or bait shrimp boat license, but only if the
3-3 heir or devisee is a person who in the absence of a will would be
3-4 entitled to all or a portion of the deceased's property.
3-5 Sec. 77.114. LIMIT ON NUMBER OF LICENSES HELD; DESIGNATED
3-6 LICENSE HOLDER. (a) Except as provided by Subsection (b), no
3-7 person may hold or directly or indirectly control more than four
3-8 commercial bay and four commercial bait shrimp boat licenses.
3-9 (b) A person who qualifies to renew a license under Section
3-10 77.112 on September 1, 1995, may hold each license renewed and
3-11 after that date may retain and renew the licenses until the
3-12 licenses are transferred, not renewed, or revoked. A person may
3-13 not hold or renew more than four commercial bay and four commercial
3-14 bait shrimp boat licenses under this subsection after August 31,
3-15 2002.
3-16 (c) A commercial bay or bait shrimp boat license must be
3-17 issued to an individual. A person other than an individual who
3-18 wishes to retain or seeks to renew a license of either type must
3-19 designate an individual to whom the license will be issued.
3-20 Sec. 77.115. TRANSFER FEE. The commission may set a fee for
3-21 the transfer of a commercial bay or bait shrimp boat license. The
3-22 amount of the transfer fee may not exceed the amount of the license
3-23 fee for the license being transferred.
3-24 Sec. 77.116. LENGTH AND ENGINE LIMITS; VESSEL UPGRADE.
3-25 (a) Except as provided by Subsection (d), a vessel licensed as a
3-26 commercial bay or bait shrimp boat may not:
3-27 (1) have an engine that is rated by the manufacturer
4-1 of the engine at more than 400 horsepower; or
4-2 (2) exceed 60 feet in length.
4-3 (b) A vessel licensed as a commercial bay or bait shrimp
4-4 boat may not be lengthened or have the engine horsepower increased
4-5 more than once after September 1, 1995.
4-6 (c) A vessel may not be lengthened by more than 15 percent
4-7 of the vessel's length.
4-8 (d) The license for a vessel that on September 1, 1995, is
4-9 licensed as a commercial bay or bait shrimp boat and exceeds the
4-10 length or horsepower limit set by Subsection (a) may be renewed,
4-11 but the vessel may not be lengthened or have the horsepower of the
4-12 vessel increased. If the vessel is replaced, the replacement
4-13 vessel must meet the engine and length requirements described in
4-14 Subsection (a).
4-15 (e) For purposes of this section, vessel length shall be
4-16 determined according to United States Coast Guard specifications in
4-17 effect on September 1, 1995.
4-18 Sec. 77.117. LICENSE SUSPENSION AND REVOCATION. (a) The
4-19 executive director, after notice and the opportunity for a hearing,
4-20 may suspend a commercial bay or bait shrimp boat license if the
4-21 license holder is convicted of three flagrant offenses. The
4-22 suspension may be for:
4-23 (1) six months, if:
4-24 (A) the date of each offense is within a
4-25 24-consecutive-month period beginning not earlier than September 1,
4-26 1995; and
4-27 (B) the license holder has not previously had a
5-1 commercial bay or bait shrimp boat license suspended under this
5-2 section; or
5-3 (2) 12 months, if the date of each offense is within a
5-4 24-consecutive-month period and the license holder has previously
5-5 had a commercial bay or bait shrimp boat license suspended under
5-6 this section.
5-7 (b) Except as provided by Subsection (c), a license
5-8 suspension under this section does not affect the license holder's
5-9 eligibility to renew the license after the suspension expires.
5-10 (c) The executive director, after notice and the opportunity
5-11 for a hearing, may permanently revoke a commercial bay or bait
5-12 shrimp boat license if:
5-13 (1) the license holder has previously had a commercial
5-14 bay or bait shrimp boat license suspended twice under this section;
5-15 (2) the license holder is convicted of three flagrant
5-16 offenses; and
5-17 (3) the date of each offense is in a
5-18 24-consecutive-month period beginning not earlier than the date of
5-19 the most recent previous suspension under this section.
5-20 (d) For purposes of this section, a flagrant offense
5-21 includes:
5-22 (1) trawling in a nursery area in violation of this
5-23 code or of a proclamation of the commission issued under this code;
5-24 (2) shrimping longer than 30 minutes before or 30
5-25 minutes after legal shrimping hours prescribed by this code or by a
5-26 proclamation of the commission issued under this code;
5-27 (3) exceeding possession limits, in violation of this
6-1 code or of a proclamation of the commission issued under this code,
6-2 by 100 or more pounds;
6-3 (4) exceeding legal net size, in violation of this
6-4 code or of a proclamation of the commission issued under this code,
6-5 by five feet or more; or
6-6 (5) falsifying information required by this subchapter
6-7 or a commission rule adopted under this subchapter for the issuance
6-8 of a commercial bay or bait shrimp boat license.
6-9 (e) The same flagrant offense may not be counted for more
6-10 than one suspension under this section.
6-11 Sec. 77.118. SHRIMP LICENSE MANAGEMENT REVIEW BOARD.
6-12 (a) The holders of commercial bay and bait shrimp boat licenses
6-13 shall elect a shrimp license management review board of nine
6-14 members.
6-15 (b) A member of the review board must be a holder of a
6-16 commercial bay or bait shrimp boat license.
6-17 (c) The nine members of the review board must be selected to
6-18 reflect the following geographical distribution according to the
6-19 county of residence specified on the member's commercial bay or
6-20 bait shrimp boat license:
6-21 (1) one member representing Orange, Jefferson,
6-22 Chambers, and Harris counties;
6-23 (2) two members representing Galveston County;
6-24 (3) two members representing Brazoria and Matagorda
6-25 counties;
6-26 (4) three members representing Calhoun, Aransas,
6-27 Nueces, San Patricio, and Refugio counties; and
7-1 (5) one member representing Kleberg, Cameron, and
7-2 Willacy counties.
7-3 (d) The review board shall advise the commission and
7-4 department and make recommendations concerning the administrative
7-5 aspects of the shrimp license management program, including
7-6 hardship and appeal cases concerning eligibility, license transfer,
7-7 license renewal, license suspension, license revocation, and vessel
7-8 length and engine changes.
7-9 (e) The executive director shall adopt procedures for the
7-10 election and operation of the review board. The executive director
7-11 shall solicit and consider recommendations from the commercial bay
7-12 and bait shrimp boat license holders regarding the procedures.
7-13 (f) The review board is not subject to Article 6252-33,
7-14 Revised Statutes.
7-15 Sec. 77.119. LICENSE BUY-BACK PROGRAM. (a) The department
7-16 may implement a license buy-back program as part of the shrimp
7-17 license management program established by this subchapter.
7-18 (b) The commission by rule may establish criteria, using
7-19 reasonable classifications, by which the department selects
7-20 licenses to be purchased. The commission may delegate to the
7-21 executive director, for purposes of this section only, the
7-22 authority to develop the criteria through rule-making procedures,
7-23 but the commission by order must finally adopt the rules
7-24 establishing the criteria. The commission or executive director
7-25 shall consult with the shrimp license management review board
7-26 concerning establishment of the criteria.
7-27 (c) The commission shall retire each license purchased under
8-1 the license buy-back program until the commission finds that
8-2 management of the shrimp fishery allows reissue of those licenses
8-3 through auction or lottery.
8-4 Sec. 77.120. SHRIMP LICENSE BUY-BACK ACCOUNT; FEE INCREASE.
8-5 (a) The shrimp license buy-back account is a separate account in
8-6 the general revenue fund. The account consists of money deposited
8-7 to the account under this section. Sections 403.094 and 403.095,
8-8 Government Code, do not apply to the account.
8-9 (b) The department may accept grants and donations of money
8-10 or materials from private or public sources to be applied to the
8-11 shrimp license buy-back account.
8-12 (c) The department shall increase by 15 percent, but not by
8-13 an amount that exceeds $25, the fee for the following licenses and
8-14 shall deposit the amount of the increase to the credit of the
8-15 shrimp license buy-back account:
8-16 (1) a bait shrimp dealer's license issued under
8-17 Section 77.043;
8-18 (2) a wholesale fish dealer's license issued under
8-19 Section 47.009;
8-20 (3) a wholesale truck dealer's fish license issued
8-21 under Section 47.010;
8-22 (4) a retail fish dealer's license issued under
8-23 Section 47.011;
8-24 (5) a retail dealer's truck license issued under
8-25 Section 47.013;
8-26 (6) a shrimp house operator license issued under
8-27 Section 77.042;
9-1 (7) a commercial bait shrimp boat license issued under
9-2 Section 77.033;
9-3 (8) a commercial bay shrimp boat license issued under
9-4 Section 77.031;
9-5 (9) a commercial gulf shrimp boat license issued under
9-6 Section 77.035; and
9-7 (10) an individual bait shrimp trawl license issued
9-8 under Section 77.048.
9-9 (d) The department shall deposit to the credit of the shrimp
9-10 license buy-back account transfer fees received under Section
9-11 77.115.
9-12 (e) Money in the shrimp license buy-back account may be used
9-13 only to buy back from a willing license holder a commercial bay or
9-14 bait shrimp boat license.
9-15 Sec. 77.121. PROGRAM ADMINISTRATION; RULES. (a) The
9-16 executive director shall establish administrative procedures to
9-17 carry out the requirements of this subchapter.
9-18 (b) The commission shall adopt any rules necessary for the
9-19 administration of the program established under this subchapter.
9-20 Sec. 77.122. REPORT TO LEGISLATURE. Not later than January
9-21 1, 1999, the department shall report to the governor and each
9-22 member of the legislature an overview of the administration and
9-23 status of the shrimp license management program, including the
9-24 biological, sociological, and economic effects of the program.
9-25 Sec. 77.123. PREVAILING AUTHORITY. A proclamation of the
9-26 commission under this subchapter prevails over any conflicting
9-27 provision of this chapter to the extent of the conflict.
10-1 SECTION 2. Section 11.032(b), Parks and Wildlife Code, is
10-2 amended to read as follows:
10-3 (b) The department shall deposit to the credit of the game,
10-4 fish, and water safety account all revenue, less allowable costs,
10-5 from the following sources:
10-6 (1) all types of fishing licenses and stamps and
10-7 shrimping licenses, except as provided by Section 77.120;
10-8 (2) all types of hunting licenses and stamps;
10-9 (3) trapping licenses and other licenses relating to
10-10 the taking, propagation, and sale of fur-bearing animals or their
10-11 pelts;
10-12 (4) sale of marl, sand, gravel, shell, and mudshell;
10-13 (5) oyster bed rentals and permits;
10-14 (6) federal funds received for fish and wildlife
10-15 research, management, development and conservation, resource
10-16 protection, and law enforcement, unless the funds are received for
10-17 the specific purposes of Subchapter F, Chapter 77;
10-18 (7) sale of property, less advertising costs,
10-19 purchased from this account or a special fund or account that is
10-20 now part of this account;
10-21 (8) fines and penalties collected for violations of a
10-22 law pertaining to the protection and conservation of wild birds,
10-23 wild fowl, wild animals, fish, shrimp, oysters, game birds and
10-24 animals, fur-bearing animals, alligators, and any other wildlife
10-25 resources of this state;
10-26 (9) sale of rough fish by the department;
10-27 (10) fees for importation permits;
11-1 (11) fees from supplying fish for or placing fish in
11-2 water located on private property;
11-3 (12) sale of seized pelts;
11-4 (13) sale or lease of grazing rights to and the
11-5 products from game preserves, sanctuaries, and management areas;
11-6 (14) contracts for the removal of fur-bearing animals
11-7 and reptiles from wildlife management areas;
11-8 (15) motorboat registration fees;
11-9 (16) motorboat manufacturer or dealer registration
11-10 fee;
11-11 (17) fines or penalties imposed by a court for
11-12 violation of water safety laws contained in Chapter 31 of this
11-13 code;
11-14 (18) alligator hunter's or alligator buyer's licenses;
11-15 (19) sale of alligators or any part of an alligator by
11-16 the department;
11-17 (20) fees and revenue collected under Section
11-18 11.027(b) or (c) of this code that are associated with the
11-19 conservation of fish and wildlife; and
11-20 (21) any other source provided by law.
11-21 SECTION 3. Section 77.0361(c), Parks and Wildlife Code, is
11-22 amended to read as follows:
11-23 (c) All licenses issued under the authority of Chapter 77 of
11-24 this code may not be transferred to another person or vessel except
11-25 as provided by this subsection or by Section 77.113. The
11-26 commission, by regulation, may prescribe requirements necessary for
11-27 license transfers and may prescribe, by regulation, forms to be
12-1 used and fees to be charged for transfers of licenses in this
12-2 chapter and for duplicate license plates and/or duplicate or
12-3 replacement licenses.
12-4 SECTION 4. (a) As soon as practicable after the effective
12-5 date of this Act, the Parks and Wildlife Commission shall adopt any
12-6 rules necessary for the administration of the shrimp license
12-7 management program created by Subchapter F, Chapter 77, Parks and
12-8 Wildlife Code, as added by this Act.
12-9 (b) As soon as practicable after the effective date of this
12-10 Act, the executive director shall adopt procedures for the election
12-11 of the shrimp license management review board under Section 77.118,
12-12 Parks and Wildlife Code, as added by this Act. As soon as
12-13 practicable after the adoption of election procedures, but not
12-14 later than November 1, 1995, the election of the shrimp license
12-15 management review board shall be held.
12-16 SECTION 5. The importance of this legislation and the
12-17 crowded condition of the calendars in both houses create an
12-18 emergency and an imperative public necessity that the
12-19 constitutional rule requiring bills to be read on three several
12-20 days in each house be suspended, and this rule is hereby suspended,
12-21 and that this Act take effect and be in force from and after its
12-22 passage, and it is so enacted.