By Brown S.B. No. 814
74R6840 MI-F
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) A commercial shrimp boat captain's license expires on
5-9 August 31 following the date of issuance.
5-10 (e) In this section, "resident" and "nonresident" have the
5-11 meanings assigned by Section 47.001.
5-12 Sec. 77.0352. SALE OF CATCH. (a) The holder of a
5-13 commercial shrimp boat license may sell only the catch of shrimp
5-14 from the vessel to which the commercial shrimp boat license
5-15 applies.
5-16 (b) The holder of a commercial shrimp boat license may sell
5-17 aquatic products other than shrimp if those aquatic products:
5-18 (1) were taken incidental to lawful shrimping on the
5-19 vessel to which the commercial shrimp boat license applies; and
5-20 (2) comply with all applicable provisions of this code
5-21 or commission regulations.
5-22 (c) The holder of a commercial shrimp boat captain's license
5-23 may sell only:
5-24 (1) the catch of shrimp from the vessel being operated
5-25 by that license holder; and
5-26 (2) aquatic products other than shrimp if those
5-27 aquatic products:
6-1 (A) were taken incidental to lawful shrimping;
6-2 and
6-3 (B) comply with all applicable provisions of
6-4 this code or commission regulations.
6-5 (d) Subsection (c) does not authorize the sale of shrimp or
6-6 other aquatic products without the consent of the owner of the
6-7 vessel used to make the catch.
6-8 (e) No person, including a crew member of a licensed
6-9 commercial shrimp boat, may sell the catch of shrimp or other
6-10 aquatic products taken incidental to the legal shrimping operation,
6-11 except as provided by this section.
6-12 SECTION 8. Section 77.040(b), Parks and Wildlife Code, is
6-13 amended to read as follows:
6-14 (b) The captain of a commercial shrimp boat who holds a
6-15 commercial shrimp boat captain's license and each paid member of
6-16 the crew of a boat having a commercial shrimp boat license issued
6-17 under this subchapter are not required to have a general commercial
6-18 fisherman's license issued under Section 47.002 of this code, a
6-19 commercial finfish fisherman's license issued under Section 47.003
6-20 of this code, or a bait dealer's license issued under Section
6-21 47.014 of this code to catch and unload aquatic products lawfully
6-22 taken incidental to lawful shrimping <unless a species of aquatic
6-23 life other than shrimp is possessed on board the boat or vessel>.
6-24 SECTION 9. Section 47.018(e), Parks and Wildlife Code, is
6-25 repealed.
6-26 SECTION 10. Except as otherwise provided by this Act, this
6-27 Act takes effect January 1, 1996.
7-1 SECTION 11. (a) This section takes effect September 1,
7-2 1995.
7-3 (b) Before January 1, 1996, the Parks and Wildlife
7-4 Commission may adopt rules for the administration of the changes
7-5 made by this Act and may set effective dates for those rules as
7-6 necessary to prepare for the changes made by this Act that will
7-7 take effect January 1, 1996. Before January 1, 1996, the
7-8 commission may, in anticipation of Section 77.0351, Parks and
7-9 Wildlife Code, as added by this Act, prescribe the form of, accept
7-10 applications for, and accept and deposit fees for, and issue
7-11 commercial shrimp boat captain's licenses for a term beginning
7-12 January 1, 1996.
7-13 (c) Before August 31, 1996, the Parks and Wildlife
7-14 Commission may issue an initial commercial shrimp boat captain's
7-15 license for a term to expire on August 31, 1996, or August 31,
7-16 1997, and may charge a fee for that license in an amount more or
7-17 less than the fee for an annual license and proportional to the
7-18 term of the license.
7-19 (d) The change in law made by this Act applies only to an
7-20 offense committed on or after January 1, 1996. For purposes of
7-21 this subsection, an offense is committed before January 1, 1996, if
7-22 any element of the offense occurs before that date.
7-23 (e) An offense committed before January 1, 1996, is covered
7-24 by the law in effect when the offense was committed, and the former
7-25 law is continued in effect for that purpose.
7-26 SECTION 12. The importance of this legislation and the
7-27 crowded condition of the calendars in both houses create an
8-1 emergency and an imperative public necessity that the
8-2 constitutional rule requiring bills to be read on three several
8-3 days in each house be suspended, and this rule is hereby suspended.