By Brown                                               S.B. No. 733
       74R5986 PAM-F
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to regulating the taking, purchase, and sale of certain
    1-3  fish.
    1-4        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-5        SECTION 1.  Section 66.001, Parks and Wildlife Code, is
    1-6  amended to read as follows:
    1-7        Sec. 66.001.  DEFINITIONS <SALT AND FRESH WATER DEFINED>.  In
    1-8  this chapter:
    1-9              (1)  "Fresh water" means all lakes, lagoons, rivers,
   1-10  and streams to their mouths, but does not include coastal or tidal
   1-11  water.
   1-12              (2)  "Prepared feed" means a pelleted ration, 20
   1-13  percent or more of which consists of plant protein or grain
   1-14  by-products.
   1-15              (3)  "Salt water" means all coastal or tidal water.
   1-16        SECTION 2.  Sections 66.020(a), (b), and (d), Parks and
   1-17  Wildlife Code, are amended to read as follows:
   1-18        (a)  It is unlawful for any person to buy or offer to buy,
   1-19  sell or offer to sell, possess for the purpose of sale, transport
   1-20  or ship for the purpose of sale, barter, or exchange bass of the
   1-21  genus Micropterus, blue marlin, <cobia,> crappie, flathead catfish,
   1-22  jewfish, <king mackerel,> longbill spearfish, muskellunge, northern
   1-23  pike, red drum, sailfish, sauger, snook, <Spanish mackerel,>
   1-24  spotted sea trout, striped bass, tarpon, <wahoo,> walleye, white
    2-1  bass, white marlin, yellow bass, or hybrids of any of those fish.
    2-2        (b)  This section applies to the possession, transportation,
    2-3  sale, or purchase of any fish described by Subsection (a) of this
    2-4  section without regard to where the fish was taken, caught, or
    2-5  raised, but does not apply to:
    2-6              (1)  the transportation or possession of fish taken,
    2-7  caught, or raised outside this state and transported by common
    2-8  carrier without being unloaded from outside this state to a point
    2-9  of delivery outside this state;
   2-10              (2)  fish raised and sold by a licensed Texas fish
   2-11  farmer if <in a private pond in this state and> marked and
   2-12  identified as required under Chapter 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 <lawfully> raised red drum, bass of the
   2-16  genus Micropterus, crappie, flathead catfish, striped bass, white
   2-17  bass, or a hybrid of any of those fish that have been continuously
   2-18  fed a prepared feed as a primary food source or lawfully taken,
   2-19  caught, or raised <bass of the genus Micropterus,> blue marlin,
   2-20  <cobia, crappie, flathead catfish,> jewfish, <king mackerel,>
   2-21  longbill spearfish, muskellunge, northern pike, sailfish, sauger,
   2-22  snook <Spanish mackerel>, spotted sea trout, <striped bass,>
   2-23  tarpon, <wahoo,> walleye, <white bass,> white marlin, yellow bass,
   2-24  or a hybrid of any of those fish, if the fish are transported or
   2-25  sold when not alive and are tagged, invoiced, packaged, and labeled
   2-26  under regulations of the commission and if the license holder
   2-27  complies with any requirements the commission may establish by
    3-1  proclamation that the fish enter the stream of commerce for sale in
    3-2  this state in a condition allowing ready identification of the
    3-3  species, including a requirement that the fish come into the state
    3-4  with the head and tail intact and tagged and a requirement that an
    3-5  invoice accompany all imported fish regulated by this section
    3-6  through each sales transaction, including transactions at the place
    3-7  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 or
   3-24  Chapter 61 of this code in promulgating rules for harvest of any
   3-25  and all species of marine life subject to the Fishery Conservation
   3-26  and Management Act of 1976 (16 U.S.C.A. Section 1801 et seq.).  The
   3-27  commission may delegate to the director the duties,
    4-1  responsibilities, and authority provided by this chapter for taking
    4-2  immediate action as necessary to modify state coastal fisheries
    4-3  regulations in order to provide for consistency with federal
    4-4  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.