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.
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