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.