By: Brown S.B. No. 733
A BILL TO BE ENTITLED
AN ACT
1-1 relating to regulating the taking, purchase, and sale of certain
1-2 fish.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Section 66.001, Parks and Wildlife Code, is
1-5 amended to read as follows:
1-6 Sec. 66.001. DEFINITIONS <SALT AND FRESH WATER DEFINED>. In
1-7 this chapter:
1-8 (1) "Fresh water" means all lakes, lagoons, rivers,
1-9 and streams to their mouths, but does not include coastal or tidal
1-10 water.
1-11 (2) "Prepared feed" means a pelleted ration, 20
1-12 percent or more of which consists of plant protein or grain
1-13 by-products.
1-14 (3) "Salt water" means all coastal or tidal water.
1-15 SECTION 2. Subsections (a), (b), and (d), Section 66.020,
1-16 Parks and Wildlife Code, are amended to read as follows:
1-17 (a) It is unlawful for any person to buy or offer to buy,
1-18 sell or offer to sell, possess for the purpose of sale, transport
1-19 or ship for the purpose of sale, barter, or exchange bass of the
1-20 genus Micropterus, blue marlin, <cobia,> crappie, flathead catfish,
1-21 jewfish, <king mackerel,> longbill spearfish, muskellunge, northern
1-22 pike, red drum, sailfish, sauger, snook, <Spanish mackerel,>
1-23 spotted sea trout, striped bass, tarpon, <wahoo,> walleye, white
1-24 bass, white marlin, yellow bass, or hybrids of any of those fish.
2-1 (b) This section applies to the possession, transportation,
2-2 sale, or purchase of any fish described by Subsection (a) of this
2-3 section without regard to where the fish was taken, caught, or
2-4 raised, but does not apply to:
2-5 (1) the transportation or possession of fish taken,
2-6 caught, or raised outside this state and transported by common
2-7 carrier without being unloaded from outside this state to a point
2-8 of delivery outside this state;
2-9 (2) fish raised by being continuously fed a prepared
2-10 feed and sold by a licensed Texas fish farmer if <in a private pond
2-11 in this state and> marked and identified as required under Chapter
2-12 134, Agriculture Code; or
2-13 (3) the lawful importation by the holder of a Texas
2-14 finfish import license into this state from another state or
2-15 foreign country of farm-raised <lawfully raised> red drum, bass of
2-16 the genus Micropterus, crappie, flathead catfish, striped bass,
2-17 white bass, or a hybrid of any of those fish that have been
2-18 continuously fed a prepared feed as a primary food source or
2-19 lawfully taken, caught, or raised <bass of the genus Micropterus,>
2-20 blue marlin, <cobia, crappie, flathead catfish,> jewfish, <king
2-21 mackerel,> longbill spearfish, muskellunge, northern pike,
2-22 sailfish, sauger, snook <Spanish mackerel>, spotted sea trout,
2-23 <striped bass,> tarpon, <wahoo,> walleye, <white bass,> white
2-24 marlin, yellow bass, or a hybrid of any of those fish, if the fish
2-25 are transported or sold when not alive and are tagged, invoiced,
2-26 packaged, and labeled under regulations of the commission and if
2-27 the license holder complies with any requirements the commission
3-1 may establish by proclamation that the fish enter the stream of
3-2 commerce for sale in this state in a condition allowing ready
3-3 identification of the species, including a requirement that the
3-4 fish come into the state with the head and tail intact and tagged
3-5 and a requirement that an invoice accompany all imported fish
3-6 regulated by this section through each sales transaction, including
3-7 transactions at the place of the final sale to the consumer.
3-8 (d) It is unlawful for any person to receive directly from
3-9 another state or foreign country, import, transport, or sell bass
3-10 of the genus Micropterus, blue marlin, <cobia,> crappie, flathead
3-11 catfish, jewfish, <king mackerel,> longbill spearfish, muskellunge,
3-12 northern pike, red drum, sailfish, sauger, snook, <Spanish
3-13 mackerel,> spotted sea trout, striped bass, tarpon, <wahoo,>
3-14 walleye, white bass, white marlin, yellow bass, or a hybrid of any
3-15 of those fish unless the person holds a Texas finfish import
3-16 license issued by the department.
3-17 SECTION 3. Section 79.002, Parks and Wildlife Code, is
3-18 amended to read as follows:
3-19 Sec. 79.002. Authority. The <New regulatory authority by
3-20 the department may occur only if federal regulation in state waters
3-21 is proposed and under no other circumstances. When necessary to
3-22 retain jurisdiction of resources in the state, and only then, the>
3-23 department may follow procedures outlined in Section 12.027,
3-24 Chapter 61, or Chapter 77 of this code in promulgating rules for
3-25 harvest of any and all species of marine life subject to the
3-26 Fishery Conservation and Management Act of 1976 (16 U.S.C.A.
3-27 Section 1801 et seq.). The commission may delegate to the director
4-1 the duties, responsibilities, and authority provided by this
4-2 chapter for taking immediate action as necessary to modify state
4-3 coastal fisheries regulations in order to provide for consistency
4-4 with federal regulations in the exclusive economic zone.
4-5 SECTION 4. This Act takes effect September 1, 1995.
4-6 SECTION 5. The change in law made by this Act applies only
4-7 to an offense committed on or after the effective date of this Act.
4-8 An offense committed before the effective date of this Act is
4-9 covered by the law in effect when the offense was committed, and
4-10 the former law is continued in effect for that purpose. For
4-11 purposes of this section, an offense is committed before the
4-12 effective date of this Act if any element of the offense occurs
4-13 before that date.
4-14 SECTION 6. The importance of this legislation and the
4-15 crowded condition of the calendars in both houses create an
4-16 emergency and an imperative public necessity that the
4-17 constitutional rule requiring bills to be read on three several
4-18 days in each house be suspended, and this rule is hereby suspended.