S.B. No. 750
AN ACT
1-1 relating to the creation of a license management program for
1-2 certain commercial fishing.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Chapter 77, Parks and Wildlife Code, is amended
1-5 by adding Subchapter F to read as follows:
1-6 SUBCHAPTER F. SHRIMP LICENSE MANAGEMENT
1-7 Sec. 77.111. SHRIMP LICENSE MANAGEMENT PROGRAM. For the
1-8 purposes of promoting efficiency and economic stability in the
1-9 shrimping industry and of conserving economically important shrimp
1-10 resources, the department shall implement a shrimp license
1-11 management program in accordance with the shrimp management plan
1-12 adopted by the commission under Section 77.007 and as prescribed by
1-13 this subchapter.
1-14 Sec. 77.112. ISSUANCE AND RENEWAL OF COMMERCIAL BAY AND BAIT
1-15 SHRIMP BOAT LICENSES. (a) After August 31, 1995, the department
1-16 may not issue a new commercial bay or bait shrimp boat license
1-17 unless the person seeking to obtain the license documents to the
1-18 satisfaction of the department that the vessel for which the
1-19 license is sought:
1-20 (1) is owned by the person;
1-21 (2) was under construction and at least 50 percent
1-22 completed on April 1, 1995; and
1-23 (3) is intended to be licensed and used as a
1-24 commercial bay or bait shrimp boat.
2-1 (b) For the license year ending August 31, 1996, the
2-2 department may renew a commercial bay or bait shrimp boat license
2-3 only if the person seeking renewal of the license:
2-4 (1) owns the commercial bay or bait shrimp boat for
2-5 which the license renewal is sought; and
2-6 (2) held the license to be renewed on April 1, 1995,
2-7 or, after that date, obtained the license to be renewed by a
2-8 transfer authorized by Section 77.113.
2-9 (c) After August 31, 1996, the commission may renew a
2-10 commercial bay or bait shrimp boat license only if the person
2-11 seeking to renew the license:
2-12 (1) owns the commercial bay or bait shrimp boat for
2-13 which the license renewal is sought; and
2-14 (2) held the license to be renewed during the
2-15 preceding license year.
2-16 (d) An applicant for a new or renewed commercial bay or bait
2-17 shrimp boat license for a vessel that is required by United States
2-18 Coast Guard rules to be documented by the United States Coast Guard
2-19 must submit to the department with the license application the
2-20 United States Coast Guard certificate of documentation for the
2-21 vessel.
2-22 Sec. 77.113. LICENSE TRANSFER. (a) Except as provided by
2-23 this section, a commercial bay or bait shrimp boat license may not
2-24 be transferred from one person to another before September 1, 1999.
2-25 (b) A commercial bay or bait shrimp boat license may be
2-26 transferred at any time, by sale or otherwise:
2-27 (1) between holders of a commercial bay or bait shrimp
3-1 boat license;
3-2 (2) between a holder of a commercial bay or bait
3-3 shrimp boat license and a historical shrimp boat captain as defined
3-4 by the shrimp license management review board and approved by the
3-5 executive director; or
3-6 (3) to an heir or devisee of the deceased holder of
3-7 the commercial bay or bait shrimp boat license, but only if the
3-8 heir or devisee is a person who in the absence of a will would be
3-9 entitled to all or a portion of the deceased's property.
3-10 Sec. 77.114. LIMIT ON NUMBER OF LICENSES HELD; DESIGNATED
3-11 LICENSE HOLDER. (a) Except as provided by Subsection (b), no
3-12 person may hold or directly or indirectly control more than four
3-13 commercial bay and four commercial bait shrimp boat licenses.
3-14 (b) A person who qualifies to renew a license under Section
3-15 77.112 on September 1, 1995, may hold each license renewed and
3-16 after that date may retain and renew the licenses until the
3-17 licenses are transferred, not renewed, or revoked. A person may
3-18 not hold or renew more than four commercial bay and four commercial
3-19 bait shrimp boat licenses under this subsection after August 31,
3-20 2002.
3-21 (c) A commercial bay or bait shrimp boat license must be
3-22 issued to an individual. A person other than an individual who
3-23 wishes to retain or seeks to renew a license of either type must
3-24 designate an individual to whom the license will be issued.
3-25 Sec. 77.115. TRANSFER FEE. The commission may set a fee for
3-26 the transfer of a commercial bay or bait shrimp boat license. The
3-27 amount of the transfer fee may not exceed the amount of the license
4-1 fee for the license being transferred.
4-2 Sec. 77.116. LENGTH AND ENGINE LIMITS; VESSEL UPGRADE.
4-3 (a) Except as provided by Subsection (d), a vessel licensed as a
4-4 commercial bay or bait shrimp boat may not:
4-5 (1) have an engine that is rated by the manufacturer
4-6 of the engine at more than 400 horsepower; or
4-7 (2) exceed 60 feet in length.
4-8 (b) A vessel licensed as a commercial bay or bait shrimp
4-9 boat may not be lengthened or have the engine horsepower increased
4-10 more than once after September 1, 1995.
4-11 (c) A vessel may not be lengthened by more than 15 percent
4-12 of the vessel's length.
4-13 (d) The license for a vessel that on September 1, 1995, is
4-14 licensed as a commercial bay or bait shrimp boat and exceeds the
4-15 length or horsepower limit set by Subsection (a) may be renewed,
4-16 but the vessel may not be lengthened or have the horsepower of the
4-17 vessel increased. If the vessel is replaced, the replacement
4-18 vessel must meet the engine and length requirements described in
4-19 Subsection (a).
4-20 (e) For purposes of this section, vessel length shall be
4-21 determined according to United States Coast Guard specifications in
4-22 effect on September 1, 1995.
4-23 Sec. 77.117. LICENSE SUSPENSION AND REVOCATION. (a) The
4-24 executive director, after notice and the opportunity for a hearing,
4-25 may suspend a commercial bay or bait shrimp boat license if the
4-26 license holder or any other operator of the licensed vessel is
4-27 convicted of one or more flagrant offenses totalling three flagrant
5-1 offenses for the licensed vessel. The suspension may be for:
5-2 (1) six months, if:
5-3 (A) the date of each offense is within a
5-4 24-consecutive-month period beginning not earlier than September 1,
5-5 1995; and
5-6 (B) the license holder has not previously had a
5-7 commercial bay or bait shrimp boat license suspended under this
5-8 section; or
5-9 (2) 12 months, if the date of each offense is within a
5-10 24-consecutive-month period and the license holder has previously
5-11 had a commercial bay or bait shrimp boat license suspended under
5-12 this section.
5-13 (b) Except as provided by Subsection (c), a license
5-14 suspension under this section does not affect the license holder's
5-15 eligibility to renew the license after the suspension expires.
5-16 (c) The executive director, after notice and the opportunity
5-17 for a hearing, may permanently revoke a commercial bay or bait
5-18 shrimp boat license if:
5-19 (1) the license holder has previously had a commercial
5-20 bay or bait shrimp boat license suspended twice under this section;
5-21 (2) the license holder or any other operator of the
5-22 licensed vessel is convicted of one or more flagrant offenses
5-23 totalling three flagrant offenses for the licensed vessel; and
5-24 (3) the date of each offense is in a
5-25 24-consecutive-month period beginning not earlier than the date of
5-26 the most recent previous suspension under this section.
5-27 (d) For purposes of this section, a flagrant offense
6-1 includes:
6-2 (1) trawling in a nursery area in violation of this
6-3 code or of a proclamation of the commission issued under this code;
6-4 (2) shrimping longer than 30 minutes before or 30
6-5 minutes after legal shrimping hours prescribed by this code or by a
6-6 proclamation of the commission issued under this code;
6-7 (3) exceeding possession limits, in violation of this
6-8 code or of a proclamation of the commission issued under this code,
6-9 by 100 or more pounds;
6-10 (4) exceeding legal net size, in violation of this
6-11 code or of a proclamation of the commission issued under this code,
6-12 by five feet or more; or
6-13 (5) falsifying information required by this subchapter
6-14 or a commission rule adopted under this subchapter for the issuance
6-15 of a commercial bay or bait shrimp boat license.
6-16 (e) The same flagrant offense may not be counted for more
6-17 than one suspension under this section.
6-18 Sec. 77.118. SHRIMP LICENSE MANAGEMENT REVIEW BOARD.
6-19 (a) The holders of commercial bay and bait shrimp boat licenses
6-20 shall elect a shrimp license management review board of nine
6-21 members.
6-22 (b) A member of the review board must be a holder of a
6-23 commercial bay or bait shrimp boat license.
6-24 (c) The nine members of the review board must be selected to
6-25 reflect the following geographical distribution according to the
6-26 county of residence specified on the member's commercial bay or
6-27 bait shrimp boat license:
7-1 (1) one member representing Orange, Jefferson,
7-2 Chambers, and Harris counties;
7-3 (2) two members representing Galveston County;
7-4 (3) two members representing Brazoria and Matagorda
7-5 counties;
7-6 (4) three members representing Calhoun, Aransas,
7-7 Nueces, San Patricio, and Refugio counties; and
7-8 (5) one member representing Kleberg, Cameron, and
7-9 Willacy counties.
7-10 (d) The review board shall advise the commission and
7-11 department and make recommendations concerning the administrative
7-12 aspects of the shrimp license management program, including
7-13 hardship and appeal cases concerning eligibility, license transfer,
7-14 license renewal, license suspension, license revocation, and vessel
7-15 length and engine changes.
7-16 (e) The executive director shall adopt procedures for the
7-17 election and operation of the review board. The executive director
7-18 shall solicit and consider recommendations from the commercial bay
7-19 and bait shrimp boat license holders regarding the procedures.
7-20 (f) The review board is not subject to Article 6252-33,
7-21 Revised Statutes.
7-22 Sec. 77.119. LICENSE BUYBACK PROGRAM. (a) The department
7-23 shall implement a license buyback program as part of the shrimp
7-24 license management program established by this subchapter.
7-25 (b) The commission by rule may establish criteria, using
7-26 reasonable classifications, by which the department selects
7-27 licenses to be purchased. The commission may delegate to the
8-1 executive director, for purposes of this section only, the
8-2 authority to develop the criteria through rulemaking procedures,
8-3 but the commission by order must finally adopt the rules
8-4 establishing the criteria. The commission or executive director
8-5 shall consult with the shrimp license management review board
8-6 concerning establishment of the criteria.
8-7 (c) The commission shall retire each license purchased under
8-8 the license buyback program until the commission finds that
8-9 management of the shrimp fishery allows reissue of those licenses
8-10 through auction or lottery.
8-11 Sec. 77.120. SHRIMP LICENSE BUYBACK ACCOUNT; FEE INCREASE.
8-12 (a) The shrimp license buyback account is a separate account in
8-13 the general revenue fund. The account consists of money deposited
8-14 to the account under this section. Sections 403.094 and 403.095,
8-15 Government Code, do not apply to the account.
8-16 (b) The department may accept grants and donations of money
8-17 or materials from private or public sources to be applied to the
8-18 shrimp license buyback account.
8-19 (c) In addition to fee increases the department is
8-20 authorized to make under this code, the department shall increase
8-21 by 15 percent, but not by an amount that exceeds $25, the fee for
8-22 the following licenses and shall deposit the amount of the increase
8-23 to the credit of the shrimp license buyback account:
8-24 (1) a bait-shrimp dealer's license issued under
8-25 Section 77.043;
8-26 (2) a wholesale fish dealer's license issued under
8-27 Section 47.009;
9-1 (3) a wholesale truck dealer's fish license issued
9-2 under Section 47.010;
9-3 (4) a retail fish dealer's license issued under
9-4 Section 47.011;
9-5 (5) a retail dealer's truck license issued under
9-6 Section 47.013;
9-7 (6) a shrimp house operator license issued under
9-8 Section 77.042;
9-9 (7) a commercial bait-shrimp boat license issued under
9-10 Section 77.033;
9-11 (8) a commercial bay shrimp boat license issued under
9-12 Section 77.031;
9-13 (9) a commercial gulf shrimp boat license issued under
9-14 Section 77.035; and
9-15 (10) an individual bait-shrimp trawl license issued
9-16 under Section 77.048.
9-17 (d) The department shall deposit to the credit of the shrimp
9-18 license buyback account transfer fees received under Section
9-19 77.115.
9-20 (e) Money in the shrimp license buyback account may be used
9-21 only to buy back from a willing license holder a commercial bay or
9-22 bait shrimp boat license.
9-23 Sec. 77.121. PROGRAM ADMINISTRATION; RULES. (a) The
9-24 executive director shall establish administrative procedures to
9-25 carry out the requirements of this subchapter.
9-26 (b) The commission shall adopt any rules necessary for the
9-27 administration of the program established under this subchapter.
10-1 Sec. 77.122. REPORT TO LEGISLATURE. Not later than January
10-2 1, 1999, the department shall report to the governor and each
10-3 member of the legislature an overview of the administration and
10-4 status of the shrimp license management program, including the
10-5 biological, sociological, and economic effects of the program.
10-6 Sec. 77.123. PREVAILING AUTHORITY. A proclamation of the
10-7 commission under this subchapter prevails over any conflicting
10-8 provision of this chapter to the extent of the conflict.
10-9 SECTION 2. Subsection (b), Section 11.032, Parks and
10-10 Wildlife Code, is amended to read as follows:
10-11 (b) The department shall deposit to the credit of the game,
10-12 fish, and water safety account all revenue, less allowable costs,
10-13 from the following sources:
10-14 (1) all types of fishing licenses and stamps and
10-15 shrimping licenses, except as provided by Section 77.120;
10-16 (2) all types of hunting licenses and stamps;
10-17 (3) trapping licenses and other licenses relating to
10-18 the taking, propagation, and sale of fur-bearing animals or their
10-19 pelts;
10-20 (4) sale of marl, sand, gravel, shell, and mudshell;
10-21 (5) oyster bed rentals and permits;
10-22 (6) federal funds received for fish and wildlife
10-23 research, management, development and conservation, resource
10-24 protection, and law enforcement, unless the funds are received for
10-25 the specific purposes of Subchapter F, Chapter 77;
10-26 (7) sale of property, less advertising costs,
10-27 purchased from this account or a special fund or account that is
11-1 now part of this account;
11-2 (8) fines and penalties collected for violations of a
11-3 law pertaining to the protection and conservation of wild birds,
11-4 wild fowl, wild animals, fish, shrimp, oysters, game birds and
11-5 animals, fur-bearing animals, alligators, and any other wildlife
11-6 resources of this state;
11-7 (9) sale of rough fish by the department;
11-8 (10) fees for importation permits;
11-9 (11) fees from supplying fish for or placing fish in
11-10 water located on private property;
11-11 (12) sale of seized pelts;
11-12 (13) sale or lease of grazing rights to and the
11-13 products from game preserves, sanctuaries, and management areas;
11-14 (14) contracts for the removal of fur-bearing animals
11-15 and reptiles from wildlife management areas;
11-16 (15) motorboat registration fees;
11-17 (16) motorboat manufacturer or dealer registration
11-18 fee;
11-19 (17) fines or penalties imposed by a court for
11-20 violation of water safety laws contained in Chapter 31 of this
11-21 code;
11-22 (18) alligator hunter's or alligator buyer's licenses;
11-23 (19) sale of alligators or any part of an alligator by
11-24 the department;
11-25 (20) fees and revenue collected under Section
11-26 11.027(b) or (c) of this code that are associated with the
11-27 conservation of fish and wildlife; and
12-1 (21) any other source provided by law.
12-2 SECTION 3. Subsection (c), Section 77.0361, Parks and
12-3 Wildlife Code, is amended to read as follows:
12-4 (c) All licenses issued under the authority of Chapter 77 of
12-5 this code may not be transferred to another person or vessel except
12-6 as provided by this subsection or by Section 77.113. The
12-7 commission, by regulation, may prescribe requirements necessary for
12-8 license transfers and may prescribe, by regulation, forms to be
12-9 used and fees to be charged for transfers of licenses in this
12-10 chapter and for duplicate license plates and/or duplicate or
12-11 replacement licenses.
12-12 SECTION 4. (a) As soon as practicable after the effective
12-13 date of this Act, the Parks and Wildlife Commission shall adopt any
12-14 rules necessary for the administration of the shrimp license
12-15 management program created by Subchapter F, Chapter 77, Parks and
12-16 Wildlife Code, as added by this Act.
12-17 (b) As soon as practicable after the effective date of this
12-18 Act, the executive director shall adopt procedures for the election
12-19 of the shrimp license management review board under Section 77.118,
12-20 Parks and Wildlife Code, as added by this Act. As soon as
12-21 practicable after the adoption of election procedures, but not
12-22 later than November 1, 1995, the election of the shrimp license
12-23 management review board shall be held.
12-24 SECTION 5. The importance of this legislation and the
12-25 crowded condition of the calendars in both houses create an
12-26 emergency and an imperative public necessity that the
12-27 constitutional rule requiring bills to be read on three several
13-1 days in each house be suspended, and this rule is hereby suspended,
13-2 and that this Act take effect and be in force from and after its
13-3 passage, and it is so enacted.