1-1 By: Patterson, Truan S.B. No. 750
1-2 (In the Senate - Filed February 24, 1995; February 27, 1995,
1-3 read first time and referred to Committee on Natural Resources;
1-4 March 21, 1995, reported adversely, with favorable Committee
1-5 Substitute by the following vote: Yeas 9, Nays 0; March 21, 1995,
1-6 sent to printer.)
1-7 COMMITTEE SUBSTITUTE FOR S.B. No. 750 By: Lucio
1-8 A BILL TO BE ENTITLED
1-9 AN ACT
1-10 relating to the creation of a license management program for
1-11 certain commercial fishing.
1-12 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-13 SECTION 1. Chapter 77, Parks and Wildlife Code, is amended
1-14 by adding Subchapter F to read as follows:
1-15 SUBCHAPTER F. SHRIMP LICENSE MANAGEMENT
1-16 Sec. 77.111. SHRIMP LICENSE MANAGEMENT PROGRAM. For the
1-17 purposes of promoting efficiency and economic stability in the
1-18 shrimping industry and of conserving economically important shrimp
1-19 resources, the department shall implement a shrimp license
1-20 management program in accordance with the shrimp management plan
1-21 adopted by the commission under Section 77.007 and as prescribed by
1-22 this subchapter.
1-23 Sec. 77.112. ISSUANCE AND RENEWAL OF COMMERCIAL BAY AND BAIT
1-24 SHRIMP BOAT LICENSES. (a) After August 31, 1995, the department
1-25 may not issue a new commercial bay or bait shrimp boat license
1-26 unless the person seeking to obtain the license documents to the
1-27 satisfaction of the department that the vessel for which the
1-28 license is sought:
1-29 (1) is owned by the person;
1-30 (2) was under construction and at least 50 percent
1-31 completed on April 1, 1995; and
1-32 (3) is intended to be licensed and used as a
1-33 commercial bay or bait shrimp boat.
1-34 (b) For the license year ending August 31, 1996, the
1-35 department may renew a commercial bay or bait shrimp boat license
1-36 only if the person seeking renewal of the license:
1-37 (1) owns the commercial bay or bait shrimp boat for
1-38 which the license renewal is sought; and
1-39 (2) held the license to be renewed on April 1, 1995,
1-40 or, after that date, obtained the license to be renewed by a
1-41 transfer authorized by Section 77.113.
1-42 (c) After August 31, 1996, the commission may renew a
1-43 commercial bay or bait shrimp boat license only if the person
1-44 seeking to renew the license:
1-45 (1) owns the commercial bay or bait shrimp boat for
1-46 which the license renewal is sought; and
1-47 (2) held the license to be renewed during the
1-48 preceding license year.
1-49 (d) An applicant for a new or renewed commercial bay or bait
1-50 shrimp boat license for a vessel that is required by United States
1-51 Coast Guard rules to be documented by the United States Coast Guard
1-52 must submit to the department with the license application the
1-53 United States Coast Guard certificate of documentation for the
1-54 vessel.
1-55 Sec. 77.113. LICENSE TRANSFER. (a) Except as provided by
1-56 this section, a commercial bay or bait shrimp boat license may not
1-57 be transferred from one person to another before September 1, 1999.
1-58 (b) A commercial bay or bait shrimp boat license may be
1-59 transferred at any time, by sale or otherwise:
1-60 (1) between holders of a commercial bay or bait shrimp
1-61 boat license;
1-62 (2) between a holder of a commercial bay or bait
1-63 shrimp boat license and a historical shrimp boat captain as defined
1-64 by the shrimp license management review board and approved by the
1-65 executive director; or
1-66 (3) to an heir or devisee of the deceased holder of
1-67 the commercial bay or bait shrimp boat license, but only if the
1-68 heir or devisee is a person who in the absence of a will would be
2-1 entitled to all or a portion of the deceased's property.
2-2 Sec. 77.114. LIMIT ON NUMBER OF LICENSES HELD; DESIGNATED
2-3 LICENSE HOLDER. (a) Except as provided by Subsection (b), no
2-4 person may hold or directly or indirectly control more than four
2-5 commercial bay and four commercial bait shrimp boat licenses.
2-6 (b) A person who qualifies to renew a license under Section
2-7 77.112 on September 1, 1995, may hold each license renewed and
2-8 after that date may retain and renew the licenses until the
2-9 licenses are transferred, not renewed, or revoked. A person may
2-10 not hold or renew more than four commercial bay and four commercial
2-11 bait shrimp boat licenses under this subsection after August 31,
2-12 2002.
2-13 (c) A commercial bay or bait shrimp boat license must be
2-14 issued to an individual. A person other than an individual who
2-15 wishes to retain or seeks to renew a license of either type must
2-16 designate an individual to whom the license will be issued.
2-17 Sec. 77.115. TRANSFER FEE. The commission may set a fee for
2-18 the transfer of a commercial bay or bait shrimp boat license. The
2-19 amount of the transfer fee may not exceed the amount of the license
2-20 fee for the license being transferred.
2-21 Sec. 77.116. LENGTH AND ENGINE LIMITS; VESSEL UPGRADE.
2-22 (a) Except as provided by Subsection (d), a vessel licensed as a
2-23 commercial bay or bait shrimp boat may not:
2-24 (1) have an engine that is rated by the manufacturer
2-25 of the engine at more than 400 horsepower; or
2-26 (2) exceed 60 feet in length.
2-27 (b) A vessel licensed as a commercial bay or bait shrimp
2-28 boat may not be lengthened or have the engine horsepower increased
2-29 more than once after September 1, 1995.
2-30 (c) A vessel may not be lengthened by more than 15 percent
2-31 of the vessel's length.
2-32 (d) The license for a vessel that on September 1, 1995, is
2-33 licensed as a commercial bay or bait shrimp boat and exceeds the
2-34 length or horsepower limit set by Subsection (a) may be renewed,
2-35 but the vessel may not be lengthened or have the horsepower of the
2-36 vessel increased. If the vessel is replaced, the replacement
2-37 vessel must meet the engine and length requirements described in
2-38 Subsection (a).
2-39 (e) For purposes of this section, vessel length shall be
2-40 determined according to United States Coast Guard specifications in
2-41 effect on September 1, 1995.
2-42 Sec. 77.117. LICENSE SUSPENSION AND REVOCATION. (a) The
2-43 executive director, after notice and the opportunity for a hearing,
2-44 may suspend a commercial bay or bait shrimp boat license if the
2-45 license holder or any other operator of the licensed vessel is
2-46 convicted of one or more flagrant offenses totalling three flagrant
2-47 offenses for the licensed vessel. The suspension may be for:
2-48 (1) six months, if:
2-49 (A) the date of each offense is within a
2-50 24-consecutive-month period beginning not earlier than September 1,
2-51 1995; and
2-52 (B) the license holder has not previously had a
2-53 commercial bay or bait shrimp boat license suspended under this
2-54 section; or
2-55 (2) 12 months, if the date of each offense is within a
2-56 24-consecutive-month period and the license holder has previously
2-57 had a commercial bay or bait shrimp boat license suspended under
2-58 this section.
2-59 (b) Except as provided by Subsection (c), a license
2-60 suspension under this section does not affect the license holder's
2-61 eligibility to renew the license after the suspension expires.
2-62 (c) The executive director, after notice and the opportunity
2-63 for a hearing, may permanently revoke a commercial bay or bait
2-64 shrimp boat license if:
2-65 (1) the license holder has previously had a commercial
2-66 bay or bait shrimp boat license suspended twice under this section;
2-67 (2) the license holder or any other operator of the
2-68 licensed vessel is convicted of one or more flagrant offenses
2-69 totalling three flagrant offenses for the licensed vessel; and
2-70 (3) the date of each offense is in a
3-1 24-consecutive-month period beginning not earlier than the date of
3-2 the most recent previous suspension under this section.
3-3 (d) For purposes of this section, a flagrant offense
3-4 includes:
3-5 (1) trawling in a nursery area in violation of this
3-6 code or of a proclamation of the commission issued under this code;
3-7 (2) shrimping longer than 30 minutes before or 30
3-8 minutes after legal shrimping hours prescribed by this code or by a
3-9 proclamation of the commission issued under this code;
3-10 (3) exceeding possession limits, in violation of this
3-11 code or of a proclamation of the commission issued under this code,
3-12 by 100 or more pounds;
3-13 (4) exceeding legal net size, in violation of this
3-14 code or of a proclamation of the commission issued under this code,
3-15 by five feet or more; or
3-16 (5) falsifying information required by this subchapter
3-17 or a commission rule adopted under this subchapter for the issuance
3-18 of a commercial bay or bait shrimp boat license.
3-19 (e) The same flagrant offense may not be counted for more
3-20 than one suspension under this section.
3-21 Sec. 77.118. SHRIMP LICENSE MANAGEMENT REVIEW BOARD.
3-22 (a) The holders of commercial bay and bait shrimp boat licenses
3-23 shall elect a shrimp license management review board of nine
3-24 members.
3-25 (b) A member of the review board must be a holder of a
3-26 commercial bay or bait shrimp boat license.
3-27 (c) The nine members of the review board must be selected to
3-28 reflect the following geographical distribution according to the
3-29 county of residence specified on the member's commercial bay or
3-30 bait shrimp boat license:
3-31 (1) one member representing Orange, Jefferson,
3-32 Chambers, and Harris counties;
3-33 (2) two members representing Galveston County;
3-34 (3) two members representing Brazoria and Matagorda
3-35 counties;
3-36 (4) three members representing Calhoun, Aransas,
3-37 Nueces, San Patricio, and Refugio counties; and
3-38 (5) one member representing Kleberg, Cameron, and
3-39 Willacy counties.
3-40 (d) The review board shall advise the commission and
3-41 department and make recommendations concerning the administrative
3-42 aspects of the shrimp license management program, including
3-43 hardship and appeal cases concerning eligibility, license transfer,
3-44 license renewal, license suspension, license revocation, and vessel
3-45 length and engine changes.
3-46 (e) The executive director shall adopt procedures for the
3-47 election and operation of the review board. The executive director
3-48 shall solicit and consider recommendations from the commercial bay
3-49 and bait shrimp boat license holders regarding the procedures.
3-50 (f) The review board is not subject to Article 6252-33,
3-51 Revised Statutes.
3-52 Sec. 77.119. LICENSE BUYBACK PROGRAM. (a) The department
3-53 shall implement a license buyback program as part of the shrimp
3-54 license management program established by this subchapter.
3-55 (b) The commission by rule may establish criteria, using
3-56 reasonable classifications, by which the department selects
3-57 licenses to be purchased. The commission may delegate to the
3-58 executive director, for purposes of this section only, the
3-59 authority to develop the criteria through rulemaking procedures,
3-60 but the commission by order must finally adopt the rules
3-61 establishing the criteria. The commission or executive director
3-62 shall consult with the shrimp license management review board
3-63 concerning establishment of the criteria.
3-64 (c) The commission shall retire each license purchased under
3-65 the license buyback program until the commission finds that
3-66 management of the shrimp fishery allows reissue of those licenses
3-67 through auction or lottery.
3-68 Sec. 77.120. SHRIMP LICENSE BUYBACK ACCOUNT; FEE INCREASE.
3-69 (a) The shrimp license buyback account is a separate account in
3-70 the general revenue fund. The account consists of money deposited
4-1 to the account under this section. Sections 403.094 and 403.095,
4-2 Government Code, do not apply to the account.
4-3 (b) The department may accept grants and donations of money
4-4 or materials from private or public sources to be applied to the
4-5 shrimp license buyback account.
4-6 (c) In addition to fee increases the department is
4-7 authorized to make under this code, the department shall increase
4-8 by 15 percent, but not by an amount that exceeds $25, the fee for
4-9 the following licenses and shall deposit the amount of the increase
4-10 to the credit of the shrimp license buyback account:
4-11 (1) a bait-shrimp dealer's license issued under
4-12 Section 77.043;
4-13 (2) a wholesale fish dealer's license issued under
4-14 Section 47.009;
4-15 (3) a wholesale truck dealer's fish license issued
4-16 under Section 47.010;
4-17 (4) a retail fish dealer's license issued under
4-18 Section 47.011;
4-19 (5) a retail dealer's truck license issued under
4-20 Section 47.013;
4-21 (6) a shrimp house operator license issued under
4-22 Section 77.042;
4-23 (7) a commercial bait-shrimp boat license issued under
4-24 Section 77.033;
4-25 (8) a commercial bay shrimp boat license issued under
4-26 Section 77.031;
4-27 (9) a commercial gulf shrimp boat license issued under
4-28 Section 77.035; and
4-29 (10) an individual bait-shrimp trawl license issued
4-30 under Section 77.048.
4-31 (d) The department shall deposit to the credit of the shrimp
4-32 license buyback account transfer fees received under Section
4-33 77.115.
4-34 (e) Money in the shrimp license buyback account may be used
4-35 only to buy back from a willing license holder a commercial bay or
4-36 bait shrimp boat license.
4-37 Sec. 77.121. PROGRAM ADMINISTRATION; RULES. (a) The
4-38 executive director shall establish administrative procedures to
4-39 carry out the requirements of this subchapter.
4-40 (b) The commission shall adopt any rules necessary for the
4-41 administration of the program established under this subchapter.
4-42 Sec. 77.122. REPORT TO LEGISLATURE. Not later than January
4-43 1, 1999, the department shall report to the governor and each
4-44 member of the legislature an overview of the administration and
4-45 status of the shrimp license management program, including the
4-46 biological, sociological, and economic effects of the program.
4-47 Sec. 77.123. PREVAILING AUTHORITY. A proclamation of the
4-48 commission under this subchapter prevails over any conflicting
4-49 provision of this chapter to the extent of the conflict.
4-50 SECTION 2. Subsection (b), Section 11.032, Parks and
4-51 Wildlife Code, is amended to read as follows:
4-52 (b) The department shall deposit to the credit of the game,
4-53 fish, and water safety account all revenue, less allowable costs,
4-54 from the following sources:
4-55 (1) all types of fishing licenses and stamps and
4-56 shrimping licenses, except as provided by Section 77.120;
4-57 (2) all types of hunting licenses and stamps;
4-58 (3) trapping licenses and other licenses relating to
4-59 the taking, propagation, and sale of fur-bearing animals or their
4-60 pelts;
4-61 (4) sale of marl, sand, gravel, shell, and mudshell;
4-62 (5) oyster bed rentals and permits;
4-63 (6) federal funds received for fish and wildlife
4-64 research, management, development and conservation, resource
4-65 protection, and law enforcement, unless the funds are received for
4-66 the specific purposes of Subchapter F, Chapter 77;
4-67 (7) sale of property, less advertising costs,
4-68 purchased from this account or a special fund or account that is
4-69 now part of this account;
4-70 (8) fines and penalties collected for violations of a
5-1 law pertaining to the protection and conservation of wild birds,
5-2 wild fowl, wild animals, fish, shrimp, oysters, game birds and
5-3 animals, fur-bearing animals, alligators, and any other wildlife
5-4 resources of this state;
5-5 (9) sale of rough fish by the department;
5-6 (10) fees for importation permits;
5-7 (11) fees from supplying fish for or placing fish in
5-8 water located on private property;
5-9 (12) sale of seized pelts;
5-10 (13) sale or lease of grazing rights to and the
5-11 products from game preserves, sanctuaries, and management areas;
5-12 (14) contracts for the removal of fur-bearing animals
5-13 and reptiles from wildlife management areas;
5-14 (15) motorboat registration fees;
5-15 (16) motorboat manufacturer or dealer registration
5-16 fee;
5-17 (17) fines or penalties imposed by a court for
5-18 violation of water safety laws contained in Chapter 31 of this
5-19 code;
5-20 (18) alligator hunter's or alligator buyer's licenses;
5-21 (19) sale of alligators or any part of an alligator by
5-22 the department;
5-23 (20) fees and revenue collected under Section
5-24 11.027(b) or (c) of this code that are associated with the
5-25 conservation of fish and wildlife; and
5-26 (21) any other source provided by law.
5-27 SECTION 3. Subsection (c), Section 77.0361, Parks and
5-28 Wildlife Code, is amended to read as follows:
5-29 (c) All licenses issued under the authority of Chapter 77 of
5-30 this code may not be transferred to another person or vessel except
5-31 as provided by this subsection or by Section 77.113. The
5-32 commission, by regulation, may prescribe requirements necessary for
5-33 license transfers and may prescribe, by regulation, forms to be
5-34 used and fees to be charged for transfers of licenses in this
5-35 chapter and for duplicate license plates and/or duplicate or
5-36 replacement licenses.
5-37 SECTION 4. (a) As soon as practicable after the effective
5-38 date of this Act, the Parks and Wildlife Commission shall adopt any
5-39 rules necessary for the administration of the shrimp license
5-40 management program created by Subchapter F, Chapter 77, Parks and
5-41 Wildlife Code, as added by this Act.
5-42 (b) As soon as practicable after the effective date of this
5-43 Act, the executive director shall adopt procedures for the election
5-44 of the shrimp license management review board under Section 77.118,
5-45 Parks and Wildlife Code, as added by this Act. As soon as
5-46 practicable after the adoption of election procedures, but not
5-47 later than November 1, 1995, the election of the shrimp license
5-48 management review board shall be held.
5-49 SECTION 5. The importance of this legislation and the
5-50 crowded condition of the calendars in both houses create an
5-51 emergency and an imperative public necessity that the
5-52 constitutional rule requiring bills to be read on three several
5-53 days in each house be suspended, and this rule is hereby suspended,
5-54 and that this Act take effect and be in force from and after its
5-55 passage, and it is so enacted.
5-56 * * * * *