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                               * * * * *