By Saunders H.B. No. 2316
74R6718 GWK-F
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the regulation and promotion of aquaculture; providing
1-3 a penalty.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 134.001, Agriculture Code, is amended to
1-6 read as follows:
1-7 Sec. 134.001. Definitions. In this chapter:
1-8 (1) "Cultured species" means aquatic plants or animals
1-9 raised under conditions where at least a portion of their life
1-10 cycle is controlled by an aquaculturist.
1-11 (2) "Exotic species" means a nonindigenous plant or
1-12 animal not normally found in the public waters of this state.
1-13 (3) "Aquaculturist" or "fish farmer" means any person
1-14 owning or operating a facility registered <licensed> under this
1-15 chapter to engage in aquaculture or fish farming.
1-16 (4) "Aquaculture" or "fish farming" means the business
1-17 of producing and selling cultured species raised in aquaculture
1-18 <private> facilities. Aquaculture or fish farming is an
1-19 agricultural activity.
1-20 (5) "Aquaculture <"Private> facility" means a pond,
1-21 tank, cage, or other structure capable of holding cultured species
1-22 in confinement wholly within or on private land or water or within
1-23 or on permitted public land or water.
1-24 <(6) "Owner" means an aquaculturist operating a
2-1 facility licensed by the department.>
2-2 SECTION 2. Section 134.002, Agriculture Code, is amended to
2-3 read as follows:
2-4 Sec. 134.002. Aquaculture Program. The department shall
2-5 assist the development of aquaculture in this state by <establish
2-6 an aquaculture program that>:
2-7 (1) developing <develops> and implementing <conducts>
2-8 a plan for promoting aquaculture products;
2-9 (2) registering <licenses and regulates> aquaculture
2-10 operations; and
2-11 (3) performing <provides technical assistance,
2-12 including demonstrations, to aquaculturists;>
2-13 <(4) provides coordinated support through colleges and
2-14 universities and other governmental entities;>
2-15 <(5) solicits financial support from the federal
2-16 government for the aquaculture industry;>
2-17 <(6) develops and expands the aquaculture industry to:>
2-18 <(A) stimulate the state's economy; and>
2-19 <(B) offer alternative crop opportunities; and>
2-20 <(7) performs> other functions and activities as
2-21 required by law.
2-22 SECTION 3. Section 134.003, Agriculture Code, is amended to
2-23 read as follows:
2-24 Sec. 134.003. <PROGRAM ADMINISTRATOR;> STAFF. <(a) The
2-25 department shall designate a person to administer the aquaculture
2-26 program.>
2-27 <(b)> The department <or the program administrator> may
3-1 employ the necessary staff to carry out the functions and duties of
3-2 the department under this chapter.
3-3 SECTION 4. The subchapter heading to Subchapter B, Chapter
3-4 134, Agriculture Code, is amended to read as follows:
3-5 SUBCHAPTER B. AQUACULTURE REGISTRATION <LICENSE>
3-6 SECTION 5. Section 134.011, Agriculture Code, is amended to
3-7 read as follows:
3-8 Sec. 134.011. AQUACULTURE REGISTRATION <LICENSE> REQUIRED.
3-9 A person may not operate an aquaculture facility without first
3-10 having registered the facility with <acquired from> the department
3-11 <an aquaculture license>.
3-12 SECTION 6. Section 134.012, Agriculture Code, is amended to
3-13 read as follows:
3-14 Sec. 134.012. Fish Farm Vehicle Registration <License>
3-15 þNRequiredää. (a) Except as provided by Subsection (b) of this
3-16 section, a vehicle used to transport fish from a fish farm for sale
3-17 from the vehicle is required to have a fish farm vehicle
3-18 registration <license>.
3-19 (b) A fish farm vehicle registration <license> is not
3-20 required for a vehicle owned and operated by the holder of an
3-21 aquaculture facility registration <license>.
3-22 SECTION 7. Section 134.013, Agriculture Code, is amended to
3-23 read as follows:
3-24 Sec. 134.013. Bill of Lading Required. The Parks and
3-25 Wildlife Commission shall adopt rules requiring that a <A> person
3-26 operating a vehicle transporting fish regulated by a bag,
3-27 possession, or size limit and prohibited from sale if taken from
4-1 the public waters of this state shall carry a bill of lading that
4-2 shows the weight of the fish or the number and species of fish
4-3 carried, the name of the owner and the location and registration
4-4 <license> number of the aquaculture facility from which the species
4-5 were transported, and the destination of the cargo.
4-6 SECTION 8. Section 134.014, Agriculture Code, is amended to
4-7 read as follows:
4-8 Sec. 134.014. Registration <License> FEES. The department
4-9 shall issue an aquaculture facility registration <license> or a
4-10 fish farm vehicle registration <license> on the payment of a fee by
4-11 the owner or operator, in an amount set by the commissioner, not to
4-12 exceed $100.
4-13 SECTION 9. Section 134.015, Agriculture Code, is amended to
4-14 read as follows:
4-15 Sec. 134.015. Form, Duration, and Renewal of Registration
4-16 <License>. (a) An aquaculture facility registration or a fish
4-17 farm vehicle registration <license> must be on a numbered form
4-18 provided by the department.
4-19 (b) A registration with the department <A license> is valid
4-20 for two years <after the date of issuance>. The department shall
4-21 renew a registration <license> on submission <by the licensee> of a
4-22 completed application and a renewal fee in an amount set by the
4-23 commissioner, not to exceed $100<, unless the department determines
4-24 that the licensee has violated this chapter or a rule adopted under
4-25 this chapter>.
4-26 <(c) The department may suspend an aquaculture license if it
4-27 is determined that the licensee has violated this chapter or a rule
5-1 adopted under this chapter.>
5-2 SECTION 10. Section 134.017, Agriculture Code, is amended to
5-3 read as follows:
5-4 Sec. 134.017. Culture and Sale of Cultured Species.
5-5 Cultured species of any kind, size, or number may be raised,
5-6 possessed, transported, and sold anywhere, at any time, to any
5-7 person, for any purpose by the holder of an aquaculture facility
5-8 registration <license> unless prohibited by Parks and Wildlife Code
5-9 or regulation.
5-10 SECTION 11. Section 134.019, Agriculture Code, is amended to
5-11 read as follows:
5-12 Sec. 134.019. Marketing of Cultured Redfish and Cultured
5-13 Speckled Sea Trout. (a) The Parks and Wildlife Commission
5-14 <commissioner> shall adopt rules providing for the <raising,> sale,
5-15 transportation, and possession of cultured redfish and cultured
5-16 speckled sea trout raised at <by> an aquaculture facility
5-17 registered <aquaculturist licensed> under this chapter.
5-18 (b) The rules shall provide for and require the
5-19 identification of cultured redfish and cultured speckled sea trout
5-20 raised at <by> an aquaculture facility <aquaculturist> under this
5-21 chapter.
5-22 SECTION 12. Section 134.022(a), Agriculture Code, is amended
5-23 to read as follows:
5-24 (a) A person<, other than the owner or operator of an
5-25 aquaculture facility,> may not fish on an aquaculture facility
5-26 without the consent of the owner or operator.
5-27 SECTION 13. Section 134.023(a), Agriculture Code, is amended
6-1 to read as follows:
6-2 (a) A person owning or operating an aquaculture facility or
6-3 fish farm vehicle not registered under this subchapter is subject
6-4 to penalties provided by Section 12.020. <Except as provided by
6-5 Subsection (b), (c), or (d) of this section, a person who violates
6-6 any provision of this chapter or rule adopted under this chapter
6-7 commits an offense that is a Class C misdemeanor.>
6-8 SECTION 14. Section 12.020(c), Agriculture Code, is amended
6-9 to read as follows:
6-10 (c) The provisions of this code subject to this section and
6-11 the applicable penalty amounts are as follows:
6-12 Provision Maximum Penalty
6-13 Chapters 13, 14, 61, 101, 102,
6-14 103, <and> 132, and 134 $ 500
6-15 Subchapter B, Chapter 71 $2,000
6-16 Subchapters A and C, Chapter 71
6-17 Chapters 72, 73, and 74 $5,000.
6-18 SECTION 15. The subchapter heading to Subchapter D, Chapter
6-19 1, Parks and Wildlife Code, is amended to read as follows:
6-20 SUBCHAPTER D. AQUACULTURE EXECUTIVE COMMITTEE <AND LIASON OFFICER>
6-21 SECTION 16. Section 1.201, Parks and Wildlife Code, is
6-22 amended to read as follows:
6-23 Sec. 1.201. Aquaculture Executive Committee. (a) The
6-24 aquaculture executive committee consists of:
6-25 (1) the following officers or their designees:
6-26 (A) the chairman;
6-27 (B) <,> the commissioner of agriculture;
7-1 (C) the governor;
7-2 (D) the chairman of the Texas Natural Resource
7-3 Conservation Commission;
7-4 (E) the commissioner of health and human
7-5 services;
7-6 (F) the director of the agricultural extension
7-7 service;
7-8 (G) the executive director of the Texas
7-9 Department of Commerce;<,> and
7-10 (H) the commissioner of the General Land Office;
7-11 and
7-12 (2) three persons appointed by the governor, at least
7-13 two of whom own or operate facilities registered under Subchapter
7-14 B, Chapter 134, Agriculture Code.
7-15 (b) The aquaculture executive committee shall elect among
7-16 its members a chairman.
7-17 (c) The aquaculture executive committee meets at the call of
7-18 the chair or the call of three members.
7-19 (d) Members of the aquaculture executive committee appointed
7-20 by the governor serve two-year terms.
7-21 SECTION 17. Section 1.203, Parks and Wildlife Code, is
7-22 amended to read as follows:
7-23 Sec. 1.203. PURPOSE <Agency Review of Aquaculture Rules>.
7-24 The aquaculture executive committee <Each state agency that
7-25 regulates persons involved with aquaculture shall review the
7-26 agency's rules regarding aquaculture biennially to determine
7-27 whether changes in the rules are necessary as a result of new
8-1 developments in aquaculture technology. The chairman of the Parks
8-2 and Wildlife Commission, the commissioner of agriculture, and the
8-3 commissioner of the General Land Office shall each designate a
8-4 person who shall be responsible for coordinating the aquaculture
8-5 activities of that agency. These individuals> shall work
8-6 cooperatively and collaboratively to ensure that the various state
8-7 agencies regulating aquaculture do so in a manner that assists
8-8 responsible development, expansion, and commercialization of
8-9 aquaculture <designed to benefit the industry to the greatest
8-10 extent possible>.
8-11 SECTION 18. Section 1.205, Parks and Wildlife Code, is
8-12 amended to read as follows:
8-13 Sec. 1.205. Grants and Gifts to the Aquaculture Industry.
8-14 (a) The aquaculture executive committee may accept grants and
8-15 gifts from public and private sources for purposes of state
8-16 coordination of the aquaculture industry.
8-17 (b) Money received under this section shall be deposited in
8-18 the general revenue fund to the credit of a special account. Money
8-19 in the special account may be used only for the advancement of the
8-20 aquaculture industry.
8-21 SECTION 19. Section 1.206, Parks and Wildlife Code, is
8-22 amended to read as follows:
8-23 Sec. 1.206. POWERS <DUTIES> OF COMMITTEE <OFFICER>.
8-24 (a) The <chairman of the> aquaculture executive committee may
8-25 <shall>:
8-26 (1) coordinate activities concerning the aquaculture
8-27 industry between the state agencies having regulatory authority
9-1 over that industry;
9-2 (2) report <to the aquaculture executive committee
9-3 every six months, or more often in the discretion of the chairman,
9-4 and> to the legislature before the beginning of each regular
9-5 session, concerning the status of the aquaculture industry in the
9-6 state;
9-7 (3) assist the commission in drafting the rules
9-8 required to be adopted under Sections 134.013, 134.019, and
9-9 <Section> 134.020(a), Agriculture Code;
9-10 (4) assist applicants seeking aquaculture facility
9-11 registration <fish farming licensing permits through the licensing
9-12 process>;
9-13 (5) coordinate the issuance of permits required for
9-14 persons engaged in aquaculture; <and>
9-15 (6) biennially compile a strategic development plan
9-16 for the aquaculture industry;
9-17 (7) provide technical assistance, including
9-18 demonstrations, to aquaculturists through coordinated support from
9-19 colleges and universities and other governmental entities;
9-20 (8) solicit financial support from local governments,
9-21 state agencies, and the federal government for the aquaculture
9-22 industry; and
9-23 (9) study ways to develop and expand the aquaculture
9-24 industry to stimulate the state's economy by:
9-25 (A) developing a flexible and responsible
9-26 regulatory infrastructure that allows for the economic
9-27 competitiveness of the industry while protecting the state's native
10-1 species; and
10-2 (B) promoting sound aquacultural business and
10-3 production practices that are compatible with the state's natural
10-4 resources.
10-5 (b) A report under Subsection (a)(2) of this section may
10-6 include recommendations to promote the state's aquaculture industry
10-7 or to improve the cooperation between the state agencies having
10-8 regulatory authority over the industry.
10-9 SECTION 20. (a) Sections 134.006 and 134.016, Agricultural
10-10 Code, are repealed.
10-11 (b) Section 1.204, Parks and Wildlife Code, is repealed.
10-12 SECTION 21. (a) The change in law made by this Act to
10-13 Chapter 134, Agriculture Code, requiring registration of
10-14 aquaculture facilities and fish farm vehicles instead of licensing
10-15 those facilities and vehicles, does not affect an aquaculture
10-16 license or fish farm vehicle license issued before the effective
10-17 date of this Act. A license issued before the effective date of
10-18 this Act expires on the second anniversary of the date of its
10-19 issuance, and on the expiration the former license holder may seek
10-20 renewal of a registration as if the license that expired had been a
10-21 registration.
10-22 (b) The Parks and Wildlife Commission shall adopt the rules
10-23 required to be adopted under Section 134.013, Agriculture Code, as
10-24 amended by this Act, not later than January 1, 1996.
10-25 (c) All rules adopted by the commissioner of agriculture
10-26 under Section 134.019, Agriculture Code, in effect on the effective
10-27 date of this Act remain in effect on or after that date as if
11-1 adopted by the Parks and Wildlife Commission until amended,
11-2 repealed, withdrawn, or otherwise superseded by rule of the Parks
11-3 and Wildlife Commission.
11-4 SECTION 22. This Act takes effect September 1, 1995.
11-5 SECTION 23. The importance of this legislation and the
11-6 crowded condition of the calendars in both houses create an
11-7 emergency and an imperative public necessity that the
11-8 constitutional rule requiring bills to be read on three several
11-9 days in each house be suspended, and this rule is hereby suspended.