By:  Patterson, Truan                                  S.B. No. 750
                                 A BILL TO BE ENTITLED
                                        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.