S.B. No. 814
AN ACT
1-1 relating to the requirement of commercial licenses to catch,
1-2 unload, and sell aquatic products.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Subdivision (1), Section 47.001, Parks and
1-5 Wildlife Code, is amended to read as follows:
1-6 (1) "Commercial fisherman" means a person who <catches
1-7 aquatic products except shrimp taken with a license issued under
1-8 the authority of Chapter 77 of this code or oysters taken from the
1-9 water of this state> for pay or for the purpose of sale, barter, or
1-10 exchange or any other commercial purpose:
1-11 (A) catches aquatic products from the water of
1-12 this state; or
1-13 (B) unloads in this state aquatic products that:
1-14 (i) were taken from water outside this
1-15 state; and
1-16 (ii) have not been previously unloaded in
1-17 another state or a foreign country.
1-18 SECTION 2. Section 47.002, Parks and Wildlife Code, is
1-19 amended by adding Subsections (e), (f), and (g) to read as follows:
1-20 (e) A person who catches or assists in catching shrimp on a
1-21 vessel licensed as a commercial shrimp boat under Chapter 77 is not
1-22 required to obtain or possess a general commercial fisherman's
1-23 license. The exemption provided by this section applies even
1-24 though aquatic life other than shrimp are caught if that catching
2-1 is incidental to lawful shrimping.
2-2 (f) A person who takes or assists in taking oysters on a
2-3 vessel licensed as a commercial oyster boat under Chapter 76 is not
2-4 required to obtain or possess a general commercial fisherman's
2-5 license.
2-6 (g) A person who is licensed as a bait dealer under this
2-7 chapter is not required to obtain or possess a general commercial
2-8 fisherman's license if the person is catching bait only.
2-9 SECTION 3. Section 47.0091, Parks and Wildlife Code, is
2-10 amended to read as follows:
2-11 Sec. 47.0091. Purchase of Aquatic Products by Wholesale Fish
2-12 Dealers. No wholesale fish dealer may purchase for resale or
2-13 receive for sale, barter, exchange, or any other commercial purpose
2-14 any aquatic product from any person or entity in this state unless
2-15 he purchases the product from the holder of:
2-16 (1) a general commercial fisherman's license;
2-17 (2) a commercial oyster fisherman's license;
2-18 (3) a commercial oyster boat license;
2-19 (4) a wholesale fish dealer's license;
2-20 (5) a fish farmer's license;
2-21 (6) a commercial shrimp boat license; <or>
2-22 (7) a commercial oyster boat captain's license; or
2-23 (8) a commercial shrimp boat captain's license.
2-24 SECTION 4. Section 47.0111, Parks and Wildlife Code, is
2-25 amended to read as follows:
2-26 Sec. 47.0111. Purchase of Aquatic Products by Retail Fish
2-27 Dealers. No retail fish dealer may purchase for resale or receive
3-1 for sale, barter, exchange, or any other commercial purposes any
3-2 aquatic products from any person or entity in this state unless he
3-3 purchases the product from the holder of:
3-4 (1) a wholesale fish dealer's license;
3-5 (2) a general commercial fisherman's license, <or> a
3-6 commercial shrimp boat license, or a commercial shrimp boat
3-7 captain's license when the retail fish dealer has given written
3-8 notification to the <executive> director <of the department> or his
3-9 designee of the dealer's intent to purchase aquatic products from
3-10 the holder of a general commercial fisherman's license, <or> a
3-11 commercial shrimp boat license, or a commercial shrimp boat
3-12 captain's license; or
3-13 (3) a fish farmer's license.
3-14 SECTION 5. Section 47.012, Parks and Wildlife Code, is
3-15 amended to read as follows:
3-16 Sec. 47.012. Purchase of Aquatic Products by Restaurant
3-17 Owner, Operator, or Employee. No restaurant owner, operator, or
3-18 employee may purchase for consumption by the restaurant's patrons
3-19 on the restaurant's premises any aquatic product from any person or
3-20 entity in this state unless the person purchases the aquatic
3-21 product from the holder of:
3-22 (1) a wholesale fish dealer's license;
3-23 (2) a general commercial fisherman's license;
3-24 (3) a fish farmer's license; <or>
3-25 (4) a commercial shrimp boat license; or
3-26 (5) a commercial shrimp boat captain's license.
3-27 SECTION 6. Subsection (f), Section 66.019, Parks and
4-1 Wildlife Code, is amended to read as follows:
4-2 (f) A cash sale ticket must include:
4-3 (1) the name of the seller;
4-4 (2) the general commercial fisherman's <fishing>
4-5 license number, the commercial finfish fisherman's license number,
4-6 the commercial shrimp boat captain's license number, the commercial
4-7 shrimp boat license number, or the commercial fishing boat license
4-8 number of the seller or of the vessel used to take the aquatic
4-9 product, as applicable;
4-10 (3) <the finfish license number of the seller, if one
4-11 is required;>
4-12 <(4)> the number of pounds sold by species;
4-13 (4) <(5)> the date of sale;
4-14 (5) <(6)> the water body or bay system from which the
4-15 aquatic products were taken; and
4-16 (6) <(7)> price paid per pound per species.
4-17 SECTION 7. Subchapter C, Chapter 77, Parks and Wildlife
4-18 Code, is amended by adding Sections 77.0351 and 77.0352 to read as
4-19 follows:
4-20 Sec. 77.0351. COMMERCIAL SHRIMP BOAT CAPTAIN'S LICENSE.
4-21 (a) No captain of a licensed commercial shrimp boat may operate a
4-22 licensed commercial shrimp boat while catching or attempting to
4-23 catch shrimp from the public water of this state or unloading or
4-24 attempting to unload in this state shrimp and other aquatic
4-25 products taken from saltwater outside this state for pay or for
4-26 purposes of sale, unless the person holds a commercial shrimp boat
4-27 captain's license issued by the department.
5-1 (b) Except as provided by Subsection (c), the fee for a
5-2 resident commercial shrimp boat captain's license shall be no less
5-3 than $25 and no more than $50.
5-4 (c) The fee for a nonresident commercial shrimp boat
5-5 captain's license is $100 or an amount set by the commission,
5-6 whichever amount is more.
5-7 (d) In this section, "resident" and "nonresident" have the
5-8 meanings assigned by Section 47.001.
5-9 Sec. 77.0352. SALE OF CATCH. (a) The holder of a
5-10 commercial shrimp boat license may sell only the catch of shrimp
5-11 from the vessel to which the commercial shrimp boat license
5-12 applies.
5-13 (b) The holder of a commercial shrimp boat license may sell
5-14 aquatic products other than shrimp if those aquatic products:
5-15 (1) were taken incidental to lawful shrimping on the
5-16 vessel to which the commercial shrimp boat license applies; and
5-17 (2) comply with all applicable provisions of this code
5-18 or commission regulations.
5-19 (c) The holder of a commercial shrimp boat captain's license
5-20 may sell only:
5-21 (1) the catch of shrimp from the vessel being operated
5-22 by that license holder; and
5-23 (2) aquatic products other than shrimp if those
5-24 aquatic products:
5-25 (A) were taken incidental to lawful shrimping;
5-26 and
5-27 (B) comply with all applicable provisions of
6-1 this code or commission regulations.
6-2 (d) Subsection (c) does not authorize the sale of shrimp or
6-3 other aquatic products without the consent of the owner of the
6-4 vessel used to make the catch.
6-5 (e) No person, including a crew member of a licensed
6-6 commercial shrimp boat, may sell the catch of shrimp or other
6-7 aquatic products taken incidental to the legal shrimping operation,
6-8 except as provided by this section.
6-9 SECTION 8. Subsection (b), Section 77.040, Parks and
6-10 Wildlife Code, is amended to read as follows:
6-11 (b) The captain of a commercial shrimp boat who holds a
6-12 commercial shrimp boat captain's license and each paid member of
6-13 the crew of a boat having a commercial shrimp boat license issued
6-14 under this subchapter are not required to have a general commercial
6-15 fisherman's license issued under Section 47.002 of this code, a
6-16 commercial finfish fisherman's license issued under Section 47.003
6-17 of this code, or a bait dealer's license issued under Section
6-18 47.014 of this code to catch and unload aquatic products lawfully
6-19 taken incidental to lawful shrimping <unless a species of aquatic
6-20 life other than shrimp is possessed on board the boat or vessel>.
6-21 SECTION 9. Subsection (e), Section 47.018, Parks and
6-22 Wildlife Code, is repealed.
6-23 SECTION 10. (a) This Act takes effect September 1, 1995.
6-24 (b) The change in law made by this Act applies only to an
6-25 offense committed on or after September 1, 1995. For purposes of
6-26 this subsection, an offense is committed before September 1, 1995,
6-27 if any element of the offense occurs before that date.
7-1 (c) An offense committed before September 1, 1995, is
7-2 covered by the law in effect when the offense was committed, and
7-3 the former law is continued in effect for that purpose.
7-4 SECTION 11. The importance of this legislation and the
7-5 crowded condition of the calendars in both houses create an
7-6 emergency and an imperative public necessity that the
7-7 constitutional rule requiring bills to be read on three several
7-8 days in each house be suspended, and this rule is hereby suspended.