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.