74R10427 MI-F
          By Brown                                               S.B. No. 814
          Substitute the following for S.B. No. 814:
          By Black                                           C.S.S.B. No. 814
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to the requirement of commercial licenses to catch,
    1-3  unload, and sell aquatic products.
    1-4        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-5        SECTION 1.  Section 47.001(1), Parks and Wildlife Code, is
    1-6  amended to read as follows:
    1-7              (1)  "Commercial fisherman" means a person who <catches
    1-8  aquatic products except shrimp taken with a license issued under
    1-9  the authority of Chapter 77 of this code or oysters taken from the
   1-10  water of this state> for pay or for the purpose of sale, barter, or
   1-11  exchange or any other commercial purpose:
   1-12                    (A)  catches aquatic products from the water of
   1-13  this state; or
   1-14                    (B)  unloads in this state aquatic products that:
   1-15                          (i)  were taken from water outside this
   1-16  state; and
   1-17                          (ii)  have not been previously unloaded in
   1-18  another state or a foreign country.
   1-19        SECTION 2.  Section 47.002, Parks and Wildlife Code, is
   1-20  amended by adding Subsections (e), (f), and (g) to read as follows:
   1-21        (e)  A person who catches or assists in catching shrimp on a
   1-22  vessel licensed as a commercial shrimp boat under Chapter 77 is not
   1-23  required to obtain or possess a general commercial fisherman's
   1-24  license.  The exemption provided by this section applies even
    2-1  though aquatic life other than shrimp are caught if that catching
    2-2  is incidental to lawful shrimping.
    2-3        (f)  A person who takes or assists in taking oysters on a
    2-4  vessel licensed as a commercial oyster boat under Chapter 76 is not
    2-5  required to obtain or possess a general commercial fisherman's
    2-6  license.
    2-7        (g)  A person who is licensed as a bait dealer under this
    2-8  chapter is not required to obtain or possess a general commercial
    2-9  fisherman's license if the person is catching bait only.
   2-10        SECTION 3.  Section 47.0091, Parks and Wildlife Code, is
   2-11  amended to read as follows:
   2-12        Sec. 47.0091.  Purchase of Aquatic Products by Wholesale Fish
   2-13  Dealers.  No wholesale fish dealer may purchase for resale or
   2-14  receive for sale, barter, exchange, or any other commercial purpose
   2-15  any aquatic product from any person or entity in this state unless
   2-16  he purchases the product from the holder of:
   2-17              (1)  a general commercial fisherman's license;
   2-18              (2)  a commercial oyster fisherman's license;
   2-19              (3)  a commercial oyster boat license;
   2-20              (4)  a wholesale fish dealer's license;
   2-21              (5)  a fish farmer's license;
   2-22              (6)  a commercial shrimp boat license; <or>
   2-23              (7)  a commercial oyster boat captain's license; or
   2-24              (8)  a commercial shrimp boat captain's license.
   2-25        SECTION 4.  Section 47.0111, Parks and Wildlife Code, is
   2-26  amended to read as follows:
   2-27        Sec. 47.0111.  Purchase of Aquatic Products by Retail Fish
    3-1  Dealers.  No retail fish dealer may purchase for resale or receive
    3-2  for sale, barter, exchange, or any other commercial purposes any
    3-3  aquatic products from any person or entity in this state unless he
    3-4  purchases the product from the holder of:
    3-5              (1)  a wholesale fish dealer's license;
    3-6              (2)  a general commercial fisherman's license, <or> a
    3-7  commercial shrimp boat license, or a commercial shrimp boat
    3-8  captain's license when the retail fish dealer has given written
    3-9  notification to the <executive> director <of the department> or his
   3-10  designee of the dealer's intent to purchase aquatic products from
   3-11  the holder of a general commercial fisherman's license, <or> a
   3-12  commercial shrimp boat license, or a commercial shrimp boat
   3-13  captain's license; or
   3-14              (3)  a fish farmer's license.
   3-15        SECTION 5.  Section 47.012, Parks and Wildlife Code, is
   3-16  amended to read as follows:
   3-17        Sec. 47.012.  Purchase of Aquatic Products by Restaurant
   3-18  Owner, Operator, or Employee.  No restaurant owner, operator, or
   3-19  employee may purchase for consumption by the restaurant's patrons
   3-20  on the restaurant's premises any aquatic product from any person or
   3-21  entity in this state unless the person purchases the aquatic
   3-22  product from the holder of:
   3-23              (1)  a wholesale fish dealer's license;
   3-24              (2)  a general commercial fisherman's license;
   3-25              (3)  a fish farmer's license; <or>
   3-26              (4)  a commercial shrimp boat license; or
   3-27              (5)  a commercial shrimp boat captain's license.
    4-1        SECTION 6.  Section 66.019(f), Parks and Wildlife Code, is
    4-2  amended to read as follows:
    4-3        (f)  A cash sale ticket must include:
    4-4              (1)  the name of the seller;
    4-5              (2)  the general commercial fisherman's <fishing>
    4-6  license number, the commercial finfish fisherman's license number,
    4-7  the commercial shrimp boat captain's license number, the commercial
    4-8  shrimp boat license number, or the commercial fishing boat license
    4-9  number of the seller or of the vessel used to take the aquatic
   4-10  product, as applicable;
   4-11              (3)  <the finfish license number of the seller, if one
   4-12  is required;>
   4-13              <(4)>  the number of pounds sold by species;
   4-14              (4) <(5)>  the date of sale;
   4-15              (5) <(6)>  the water body or bay system from which the
   4-16  aquatic products were taken; and
   4-17              (6) <(7)>  price paid per pound per species.
   4-18        SECTION 7.  Subchapter C, Chapter 77, Parks and Wildlife
   4-19  Code, is amended by adding Sections 77.0351 and 77.0352 to read as
   4-20  follows:
   4-21        Sec. 77.0351.  COMMERCIAL SHRIMP BOAT CAPTAIN'S LICENSE.  (a)
   4-22  No captain of a licensed commercial shrimp boat may operate a
   4-23  licensed commercial shrimp boat while catching or attempting to
   4-24  catch shrimp from the public water of this state or unloading or
   4-25  attempting to unload in this state shrimp and other aquatic
   4-26  products taken from saltwater outside this state for pay or for
   4-27  purposes of sale, unless the person holds a commercial shrimp boat
    5-1  captain's license issued by the department.
    5-2        (b)  Except as provided by Subsection (c), the fee for a
    5-3  resident commercial shrimp boat captain's license is $25 or an
    5-4  amount set by the commission, whichever amount is more.
    5-5        (c)  The fee for a nonresident commercial shrimp boat
    5-6  captain's license is $100 or an amount set by the commission,
    5-7  whichever amount is more.
    5-8        (d)  In this section, "resident" and "nonresident" have the
    5-9  meanings assigned by Section 47.001.
   5-10        Sec. 77.0352.  SALE OF CATCH.  (a)  The holder of a
   5-11  commercial shrimp boat license may sell only the catch of shrimp
   5-12  from the vessel to which the commercial shrimp boat license
   5-13  applies.
   5-14        (b)  The holder of a commercial shrimp boat license may sell
   5-15  aquatic products other than shrimp if those aquatic products:
   5-16              (1)  were taken incidental to lawful shrimping on the
   5-17  vessel to which the commercial shrimp boat license applies; and
   5-18              (2)  comply with all applicable provisions of this code
   5-19  or commission regulations.
   5-20        (c)  The holder of a commercial shrimp boat captain's license
   5-21  may sell only:
   5-22              (1)  the catch of shrimp from the vessel being operated
   5-23  by that license holder; and
   5-24              (2)  aquatic products other than shrimp if those
   5-25  aquatic products:
   5-26                    (A)  were taken incidental to lawful shrimping;
   5-27  and
    6-1                    (B)  comply with all applicable provisions of
    6-2  this code or commission regulations.
    6-3        (d)  Subsection (c) does not authorize the sale of shrimp or
    6-4  other aquatic products without the consent of the owner of the
    6-5  vessel used to make the catch.
    6-6        (e)  No person, including a crew member of a licensed
    6-7  commercial shrimp boat, may sell the catch of shrimp or other
    6-8  aquatic products taken incidental to the legal shrimping operation,
    6-9  except as provided by this section.
   6-10        SECTION 8.  Section 77.040(b), Parks and Wildlife Code, is
   6-11  amended to read as follows:
   6-12        (b)  The captain of a commercial shrimp boat who holds a
   6-13  commercial shrimp boat captain's license and each paid member of
   6-14  the crew of a boat having a commercial shrimp boat license issued
   6-15  under this subchapter are not required to have a general commercial
   6-16  fisherman's license issued under Section 47.002 of this code, a
   6-17  commercial finfish fisherman's license issued under Section 47.003
   6-18  of this code, or a bait dealer's license issued under Section
   6-19  47.014 of this code to catch and unload aquatic products lawfully
   6-20  taken incidental to lawful shrimping <unless a species of aquatic
   6-21  life other than shrimp is possessed on board the boat or vessel>.
   6-22        SECTION 9.  Section 47.018(e), Parks and Wildlife Code, is
   6-23  repealed.
   6-24        SECTION 10.  (a)  This Act takes effect September 1, 1995.
   6-25        (b)  The change in law made by this Act applies only to an
   6-26  offense committed on or after September 1, 1995.  For purposes of
   6-27  this subsection, an offense is committed before September 1, 1995,
    7-1  if any element of the offense occurs before that date.
    7-2        (c)  An offense committed before September 1, 1995, is
    7-3  covered by the law in effect when the offense was committed, and
    7-4  the former law is continued in effect for that purpose.
    7-5        SECTION 11.  The importance of this legislation and the
    7-6  crowded condition of the calendars in both houses create an
    7-7  emergency and an imperative public necessity that the
    7-8  constitutional rule requiring bills to be read on three several
    7-9  days in each house be suspended, and this rule is hereby suspended.