1-1 By: Brown S.B. No. 814
1-2 (In the Senate - Filed February 28, 1995; March 1, 1995, read
1-3 first time and referred to Committee on Natural Resources;
1-4 March 15, 1995, reported favorably by the following vote: Yeas 10,
1-5 Nays 0; March 15, 1995, sent to printer.)
1-6 A BILL TO BE ENTITLED
1-7 AN ACT
1-8 relating to the requirement of commercial licenses to catch,
1-9 unload, and sell aquatic products.
1-10 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-11 SECTION 1. Subdivision (1), Section 47.001, Parks and
1-12 Wildlife Code, is amended to read as follows:
1-13 (1) "Commercial fisherman" means a person who <catches
1-14 aquatic products except shrimp taken with a license issued under
1-15 the authority of Chapter 77 of this code or oysters taken from the
1-16 water of this state> for pay or for the purpose of sale, barter, or
1-17 exchange or any other commercial purpose:
1-18 (A) catches aquatic products from the water of
1-19 this state; or
1-20 (B) unloads in this state aquatic products that:
1-21 (i) were taken from water outside this
1-22 state; and
1-23 (ii) have not been previously unloaded in
1-24 another state or a foreign country.
1-25 SECTION 2. Section 47.002, Parks and Wildlife Code, is
1-26 amended by adding Subsections (e), (f), and (g) to read as follows:
1-27 (e) A person who catches or assists in catching shrimp on a
1-28 vessel licensed as a commercial shrimp boat under Chapter 77 is not
1-29 required to obtain or possess a general commercial fisherman's
1-30 license. The exemption provided by this section applies even
1-31 though aquatic life other than shrimp are caught if that catching
1-32 is incidental to lawful shrimping.
1-33 (f) A person who takes or assists in taking oysters on a
1-34 vessel licensed as a commercial oyster boat under Chapter 76 is not
1-35 required to obtain or possess a general commercial fisherman's
1-36 license.
1-37 (g) A person who is licensed as a bait dealer under this
1-38 chapter is not required to obtain or possess a general commercial
1-39 fisherman's license if the person is catching bait only.
1-40 SECTION 3. Section 47.0091, Parks and Wildlife Code, is
1-41 amended to read as follows:
1-42 Sec. 47.0091. Purchase of Aquatic Products by Wholesale Fish
1-43 Dealers. No wholesale fish dealer may purchase for resale or
1-44 receive for sale, barter, exchange, or any other commercial purpose
1-45 any aquatic product from any person or entity in this state unless
1-46 he purchases the product from the holder of:
1-47 (1) a general commercial fisherman's license;
1-48 (2) a commercial oyster fisherman's license;
1-49 (3) a commercial oyster boat license;
1-50 (4) a wholesale fish dealer's license;
1-51 (5) a fish farmer's license;
1-52 (6) a commercial shrimp boat license; <or>
1-53 (7) a commercial oyster boat captain's license; or
1-54 (8) a commercial shrimp boat captain's license.
1-55 SECTION 4. Section 47.0111, Parks and Wildlife Code, is
1-56 amended to read as follows:
1-57 Sec. 47.0111. Purchase of Aquatic Products by Retail Fish
1-58 Dealers. No retail fish dealer may purchase for resale or receive
1-59 for sale, barter, exchange, or any other commercial purposes any
1-60 aquatic products from any person or entity in this state unless he
1-61 purchases the product from the holder of:
1-62 (1) a wholesale fish dealer's license;
1-63 (2) a general commercial fisherman's license, <or> a
1-64 commercial shrimp boat license, or a commercial shrimp boat
1-65 captain's license when the retail fish dealer has given written
1-66 notification to the <executive> director <of the department> or his
1-67 designee of the dealer's intent to purchase aquatic products from
1-68 the holder of a general commercial fisherman's license, <or> a
2-1 commercial shrimp boat license, or a commercial shrimp boat
2-2 captain's license; or
2-3 (3) a fish farmer's license.
2-4 SECTION 5. Section 47.012, Parks and Wildlife Code, is
2-5 amended to read as follows:
2-6 Sec. 47.012. Purchase of Aquatic Products by Restaurant
2-7 Owner, Operator, or Employee. No restaurant owner, operator, or
2-8 employee may purchase for consumption by the restaurant's patrons
2-9 on the restaurant's premises any aquatic product from any person or
2-10 entity in this state unless the person purchases the aquatic
2-11 product from the holder of:
2-12 (1) a wholesale fish dealer's license;
2-13 (2) a general commercial fisherman's license;
2-14 (3) a fish farmer's license; <or>
2-15 (4) a commercial shrimp boat license; or
2-16 (5) a commercial shrimp boat captain's license.
2-17 SECTION 6. Subsection (f), Section 66.019, Parks and
2-18 Wildlife Code, is amended to read as follows:
2-19 (f) A cash sale ticket must include:
2-20 (1) the name of the seller;
2-21 (2) the general commercial fisherman's <fishing>
2-22 license number, the commercial finfish fisherman's license number,
2-23 the commercial shrimp boat captain's license number, the commercial
2-24 shrimp boat license number, or the commercial fishing boat license
2-25 number of the seller or of the vessel used to take the aquatic
2-26 product, as applicable;
2-27 (3) <the finfish license number of the seller, if one
2-28 is required;>
2-29 <(4)> the number of pounds sold by species;
2-30 (4) <(5)> the date of sale;
2-31 (5) <(6)> the water body or bay system from which the
2-32 aquatic products were taken; and
2-33 (6) <(7)> price paid per pound per species.
2-34 SECTION 7. Subchapter C, Chapter 77, Parks and Wildlife
2-35 Code, is amended by adding Sections 77.0351 and 77.0352 to read as
2-36 follows:
2-37 Sec. 77.0351. COMMERCIAL SHRIMP BOAT CAPTAIN'S LICENSE.
2-38 (a) No captain of a licensed commercial shrimp boat may operate a
2-39 licensed commercial shrimp boat while catching or attempting to
2-40 catch shrimp from the public water of this state or unloading or
2-41 attempting to unload in this state shrimp and other aquatic
2-42 products taken from saltwater outside this state for pay or for
2-43 purposes of sale, unless the person holds a commercial shrimp boat
2-44 captain's license issued by the department.
2-45 (b) Except as provided by Subsection (c), the fee for a
2-46 resident commercial shrimp boat captain's license is $25 or an
2-47 amount set by the commission, whichever amount is more.
2-48 (c) The fee for a nonresident commercial shrimp boat
2-49 captain's license is $100 or an amount set by the commission,
2-50 whichever amount is more.
2-51 (d) A commercial shrimp boat captain's license expires on
2-52 August 31 following the date of issuance.
2-53 (e) In this section, "resident" and "nonresident" have the
2-54 meanings assigned by Section 47.001.
2-55 Sec. 77.0352. SALE OF CATCH. (a) The holder of a
2-56 commercial shrimp boat license may sell only the catch of shrimp
2-57 from the vessel to which the commercial shrimp boat license
2-58 applies.
2-59 (b) The holder of a commercial shrimp boat license may sell
2-60 aquatic products other than shrimp if those aquatic products:
2-61 (1) were taken incidental to lawful shrimping on the
2-62 vessel to which the commercial shrimp boat license applies; and
2-63 (2) comply with all applicable provisions of this code
2-64 or commission regulations.
2-65 (c) The holder of a commercial shrimp boat captain's license
2-66 may sell only:
2-67 (1) the catch of shrimp from the vessel being operated
2-68 by that license holder; and
2-69 (2) aquatic products other than shrimp if those
2-70 aquatic products:
3-1 (A) were taken incidental to lawful shrimping;
3-2 and
3-3 (B) comply with all applicable provisions of
3-4 this code or commission regulations.
3-5 (d) Subsection (c) does not authorize the sale of shrimp or
3-6 other aquatic products without the consent of the owner of the
3-7 vessel used to make the catch.
3-8 (e) No person, including a crew member of a licensed
3-9 commercial shrimp boat, may sell the catch of shrimp or other
3-10 aquatic products taken incidental to the legal shrimping operation,
3-11 except as provided by this section.
3-12 SECTION 8. Subsection (b), Section 77.040, Parks and
3-13 Wildlife Code, is amended to read as follows:
3-14 (b) The captain of a commercial shrimp boat who holds a
3-15 commercial shrimp boat captain's license and each paid member of
3-16 the crew of a boat having a commercial shrimp boat license issued
3-17 under this subchapter are not required to have a general commercial
3-18 fisherman's license issued under Section 47.002 of this code, a
3-19 commercial finfish fisherman's license issued under Section 47.003
3-20 of this code, or a bait dealer's license issued under Section
3-21 47.014 of this code to catch and unload aquatic products lawfully
3-22 taken incidental to lawful shrimping <unless a species of aquatic
3-23 life other than shrimp is possessed on board the boat or vessel>.
3-24 SECTION 9. Subsection (e), Section 47.018, Parks and
3-25 Wildlife Code, is repealed.
3-26 SECTION 10. Except as otherwise provided by this Act, this
3-27 Act takes effect January 1, 1996.
3-28 SECTION 11. (a) This section takes effect September 1,
3-29 1995.
3-30 (b) Before January 1, 1996, the Parks and Wildlife
3-31 Commission may adopt rules for the administration of the changes
3-32 made by this Act and may set effective dates for those rules as
3-33 necessary to prepare for the changes made by this Act that will
3-34 take effect January 1, 1996. Before January 1, 1996, the
3-35 commission may, in anticipation of Section 77.0351, Parks and
3-36 Wildlife Code, as added by this Act, prescribe the form of, accept
3-37 applications for, and accept and deposit fees for, and issue
3-38 commercial shrimp boat captain's licenses for a term beginning
3-39 January 1, 1996.
3-40 (c) Before August 31, 1996, the Parks and Wildlife
3-41 Commission may issue an initial commercial shrimp boat captain's
3-42 license for a term to expire on August 31, 1996, or August 31,
3-43 1997, and may charge a fee for that license in an amount more or
3-44 less than the fee for an annual license and proportional to the
3-45 term of the license.
3-46 (d) The change in law made by this Act applies only to an
3-47 offense committed on or after January 1, 1996. For purposes of
3-48 this subsection, an offense is committed before January 1, 1996, if
3-49 any element of the offense occurs before that date.
3-50 (e) An offense committed before January 1, 1996, is covered
3-51 by the law in effect when the offense was committed, and the former
3-52 law is continued in effect for that purpose.
3-53 SECTION 12. The importance of this legislation and the
3-54 crowded condition of the calendars in both houses create an
3-55 emergency and an imperative public necessity that the
3-56 constitutional rule requiring bills to be read on three several
3-57 days in each house be suspended, and this rule is hereby suspended.
3-58 * * * * *