By Armbrister S.B. No. 825 74R2198 MI-F A BILL TO BE ENTITLED 1-1 AN ACT 1-2 relating to the creation of a license management program for 1-3 certain commercial fishing. 1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-5 SECTION 1. Chapter 77, Parks and Wildlife Code, is amended 1-6 by adding Subchapter F to read as follows: 1-7 SUBCHAPTER F. SHRIMP LICENSE MANAGEMENT 1-8 Sec. 77.111. SHRIMP LICENSE MANAGEMENT PROGRAM. For the 1-9 purposes of promoting efficiency and economic stability in the 1-10 shrimping industry and of conserving economically important shrimp 1-11 resources, the department shall implement a shrimp license 1-12 management program as prescribed by this subchapter. 1-13 Sec. 77.112. ISSUANCE AND RENEWAL OF COMMERCIAL BAY AND BAIT 1-14 SHRIMP BOAT LICENSES. (a) After August 31, 1995, the department 1-15 may not issue a new commercial bay or bait shrimp boat license. 1-16 (b) For the license year ending August 31, 1996, the 1-17 department may renew a commercial bay or bait shrimp boat license 1-18 only if the person seeking renewal of the license: 1-19 (1) owns the commercial bay or bait shrimp boat for 1-20 which the license renewal is sought; 1-21 (2) held the license to be renewed throughout the 1-22 license year ending August 31, 1995, or, after that date, obtained 1-23 the license to be renewed by a transfer authorized by Section 1-24 77.113; and 2-1 (3) shows participation in the shrimp fishery by 2-2 establishing the minimum landings set by commission rule. 2-3 (c) After August 1, 1996, the commission may renew a 2-4 commercial bay or bait shrimp boat license only if the person 2-5 seeking to renew the license: 2-6 (1) owns the commercial bay or bait shrimp boat for 2-7 which the license renewal is sought; 2-8 (2) held the license to be renewed during the 2-9 preceding license year; and 2-10 (3) shows participation in the shrimp fishery by 2-11 establishing the minimum landings set by commission rule. 2-12 (d) A person who, after August 1, 1994, but before January 2-13 1, 1995, obtained a new commercial bay or bait shrimp boat license 2-14 for the license year ending August 31, 1995, is entitled to a 2-15 hearing before the shrimp license management review board 2-16 established under Section 77.118 regarding eligibility for a 2-17 license renewal under the shrimp license management program. 2-18 Sec. 77.113. LICENSE TRANSFER. (a) Except as provided by 2-19 this section, a commercial bay or bait shrimp boat license may not 2-20 be transferred from one person to another before September 1, 1999. 2-21 (b) A commercial bay or bait shrimp boat license may be 2-22 transferred at any time, by sale or otherwise: 2-23 (1) between holders of a commercial bay or bait shrimp 2-24 boat license; 2-25 (2) between a holder of a commercial bay or bait 2-26 shrimp boat license and a qualified shrimp boat captain as defined 2-27 by the shrimp license management review board and approved by the 3-1 executive director; or 3-2 (3) to an heir or devisee of the deceased holder of 3-3 the commercial bay or bait shrimp boat license but only if the heir 3-4 or devisee is a person who in the absence of a will would be 3-5 entitled to all or a portion of the deceased's property. 3-6 Sec. 77.114. LIMIT ON NUMBER OF LICENSES HELD. (a) Except 3-7 as provided by this section, no person may hold more than four 3-8 commercial bay and four commercial bait shrimp boat licenses. 3-9 (b) A person who qualifies to renew a license under Section 3-10 77.112 on September 1, 1995, may hold each license renewed and 3-11 after that date may retain and renew the licenses until the 3-12 licenses are transferred, not renewed, or revoked. A person may 3-13 not hold or renew more than four commercial bay and four commercial 3-14 bait shrimp boat licenses under this subsection after August 31, 3-15 2002. 3-16 Sec. 77.115. TRANSFER FEE. The commission may set a fee for 3-17 the transfer of a commercial bay or bait shrimp boat license. The 3-18 amount of the transfer fee may not exceed the amount of the license 3-19 fee for the license being transferred. 3-20 Sec. 77.116. LENGTH AND ENGINE LIMITS; VESSEL UPGRADE. 3-21 (a) Except as provided by Subsection (d), a vessel licensed as a 3-22 commercial bay or bait shrimp boat may not: 3-23 (1) have an engine rated at more than 400 horsepower; 3-24 or 3-25 (2) exceed 60 feet in length. 3-26 (b) A vessel licensed as a commercial bay or bait shrimp 3-27 boat may not be lengthened or have the engine horsepower increased 4-1 more than once after September 1, 1995. 4-2 (c) A vessel may not be lengthened by more than 15 percent 4-3 of the vessel's length. 4-4 (d) The license for a vessel that on September 1, 1995, is 4-5 licensed as a commercial bay or bait shrimp boat and exceeds the 4-6 length or horsepower limit set by Subsection (a) may be renewed for 4-7 successive license years through the license year ending August 31, 4-8 2005, but the vessel may not be lengthened or have the horsepower 4-9 of the vessel increased. 4-10 (e) For purposes of this section, vessel length and engine 4-11 horsepower are determined according to United States Coast Guard 4-12 specifications. 4-13 Sec. 77.117. LICENSE SUSPENSION AND REVOCATION. (a) The 4-14 executive director, after notice and the opportunity for a hearing, 4-15 may suspend a commercial bay or bait shrimp boat license for six 4-16 months if: 4-17 (1) the license holder is convicted of three flagrant 4-18 offenses; 4-19 (2) the date of each offense is in a 4-20 24-consecutive-month period beginning not earlier than September 1, 4-21 1995; and 4-22 (3) the license holder has not previously had a 4-23 commercial bay or bait shrimp boat license suspended under this 4-24 section. 4-25 (b) Except as provided by Subsection (c), a license 4-26 suspension under this section does not affect the license holder's 4-27 eligibility to renew the license after the suspension expires. 5-1 (c) The executive director, after notice and the opportunity 5-2 for a hearing, may permanently revoke a commercial bay or bait 5-3 shrimp boat license if: 5-4 (1) the license holder has previously had a commercial 5-5 bay or bait shrimp boat license suspended under this section; 5-6 (2) the license holder is convicted of three flagrant 5-7 offenses; and 5-8 (3) the date of each offense is in a 5-9 24-consecutive-month period beginning not earlier than the date of 5-10 the previous suspension under this section. 5-11 (d) For purposes of this section, a flagrant offense 5-12 includes: 5-13 (1) trawling in a nursery area in violation of this 5-14 code or a proclamation of the commission issued under this code; 5-15 (2) shrimping longer than 30 minutes before or 30 5-16 minutes after legal shrimping hours prescribed by this code or a 5-17 proclamation of the commission issued under this code; 5-18 (3) exceeding bay and possession limits, in violation 5-19 of this code or a proclamation of the commission issued under this 5-20 code, by 100 or more pounds; 5-21 (4) exceeding legal count size, in violation of this 5-22 code or a proclamation of the commission issued under this code, by 5-23 two or more count size brackets; 5-24 (5) exceeding legal net size, in violation of this 5-25 code or a proclamation of the commission issued under this code, by 5-26 five feet or more; or 5-27 (6) falsifying information required by this subchapter 6-1 or a commission rule adopted under this subchapter for the issuance 6-2 of a commercial bay or bait shrimp boat license. 6-3 Sec. 77.118. SHRIMP LICENSE MANAGEMENT REVIEW BOARD. 6-4 (a) The holders of commercial bay and bait shrimp boat licenses 6-5 shall elect a shrimp license management review board of nine 6-6 members. 6-7 (b) A member of the review board must be a holder of a 6-8 commercial bay or bait shrimp boat license. 6-9 (c) The nine members of the review board must be selected to 6-10 reflect the following geographical distribution according to the 6-11 county of residence specified on the member's commercial bay or 6-12 bait shrimp boat license: 6-13 (1) one member representing Orange and Jefferson 6-14 counties; 6-15 (2) one member representing Chambers and Harris 6-16 counties; 6-17 (3) two members representing Galveston County; 6-18 (4) two members representing Brazoria and Matagorda 6-19 counties; 6-20 (5) two members representing Calhoun, Aransas, and 6-21 Nueces counties; and 6-22 (6) one member representing Kleberg, Cameron, and 6-23 Willacy counties. 6-24 (d) The review board shall advise the commission and 6-25 department and make recommendations concerning the administrative 6-26 aspects of the shrimp license management program. 6-27 (e) The review board may hold informal hearings on hardship 7-1 and appeal cases concerning eligibility, license transfer, license 7-2 renewal, license suspension, license revocation, and vessel length 7-3 and engine changes and may make recommendations to the commission 7-4 and department on those cases. 7-5 (f) The executive director shall adopt procedures for the 7-6 election and operation of the review board. The executive director 7-7 shall solicit and consider recommendations from the commercial bay 7-8 and bait shrimp boat license holders regarding the procedures. 7-9 (g) The review board is not subject to Article 6252-33, 7-10 Revised Statutes. 7-11 Sec. 77.119. LICENSE BUY-BACK PROGRAM. (a) The department 7-12 may implement a license buy-back program as part of the shrimp 7-13 license management program established by this subchapter. 7-14 (b) The commission by rule may establish criteria, using 7-15 reasonable classifications, by which the department selects 7-16 licenses to be purchased. The commission shall consult with the 7-17 shrimp license management review board concerning establishment of 7-18 the criteria. 7-19 (c) The commission shall retire each license purchased under 7-20 the license buy-back program until the commission finds that 7-21 management of the shrimp fishery allows reissue of those licenses 7-22 through auction or lottery. 7-23 Sec. 77.120. SHRIMP LICENSE BUY-BACK ACCOUNT; FEE INCREASE. 7-24 (a) The shrimp license buy-back account is a separate account in 7-25 the general revenue fund. The account consists of money deposited 7-26 to the account under this section. Sections 403.094 and 403.095, 7-27 Government Code, do not apply to the account. 8-1 (b) The department may accept grants and donations of money 8-2 or materials from private or public sources to be applied to the 8-3 shrimp license buy-back account. 8-4 (c) The department shall increase by 15 percent, but not by 8-5 an amount that exceeds $25, the fee for the following licenses and 8-6 shall deposit the amount of the increase to the credit of the 8-7 shrimp license buy-back account: 8-8 (1) a bait shrimp dealer's license issued under 8-9 Section 77.043; 8-10 (2) a wholesale fish dealer's license issued under 8-11 Section 47.009; 8-12 (3) a wholesale truck dealer's fish license issued 8-13 under Section 47.010; 8-14 (4) a retail fish dealer's license issued under 8-15 Section 47.011; 8-16 (5) a retail dealer's truck license issued under 8-17 Section 47.013; 8-18 (6) a shrimp house operator license issued under 8-19 Section 77.042; 8-20 (7) a commercial bait shrimp boat license issued under 8-21 Section 77.033; 8-22 (8) a commercial bay shrimp boat license issued under 8-23 Section 77.031; 8-24 (9) a commercial gulf shrimp boat license issued under 8-25 Section 77.035; and 8-26 (10) an individual bait shrimp trawl license issued 8-27 under Section 77.048. 9-1 (d) The department shall deposit to the credit of the shrimp 9-2 license buy-back account transfer fees received under Section 9-3 77.115 and fines received for flagrant offenses described in 9-4 Section 77.117. 9-5 (e) Money in the shrimp license buy-back account may be used 9-6 only to buy back from a willing license holder a commercial bay or 9-7 bait shrimp boat license. 9-8 Sec. 77.121. PROGRAM ADMINISTRATION; RULES. (a) The 9-9 executive director shall establish administrative procedures to 9-10 carry out the requirements of this subchapter. 9-11 (b) The commission shall adopt any rules necessary for the 9-12 administration of the program established under this subchapter. 9-13 Sec. 77.122. REPORT TO LEGISLATURE. Not later than January 9-14 1, 1999, the department shall report to the governor and each 9-15 member of the legislature an overview of the administration and 9-16 status of the shrimp license management program, including the 9-17 biological, sociological, and economic effects of the program. 9-18 Sec. 77.123. PREVAILING AUTHORITY. A proclamation of the 9-19 commission under this subchapter prevails over any conflicting 9-20 provision of this chapter to the extent of the conflict. 9-21 SECTION 2. Chapter 47, Parks and Wildlife Code, is amended 9-22 by adding Subchapter D to read as follows: 9-23 SUBCHAPTER D. LICENSE MANAGEMENT 9-24 Sec. 47.071. CREATION OF LICENSE MANAGEMENT SYSTEM. The 9-25 commission by proclamation may establish a moratorium on the 9-26 issuance of commercial licenses or tags for marine aquatic products 9-27 to persons who did not hold the license or tag during the preceding 10-1 license year. 10-2 Sec. 47.072. PREVAILING AUTHORITY. A proclamation of the 10-3 commission under this subchapter prevails over any conflicting 10-4 provision of this chapter or of Chapter 61, 66, 76, 77, or 78 to 10-5 the extent of the conflict. 10-6 SECTION 3. Section 11.032(b), Parks and Wildlife Code, is 10-7 amended to read as follows: 10-8 (b) The department shall deposit to the credit of the game, 10-9 fish, and water safety account all revenue, less allowable costs, 10-10 from the following sources: 10-11 (1) all types of fishing licenses and stamps and 10-12 shrimping licenses, except as provided by Section 77.120; 10-13 (2) all types of hunting licenses and stamps; 10-14 (3) trapping licenses and other licenses relating to 10-15 the taking, propagation, and sale of fur-bearing animals or their 10-16 pelts; 10-17 (4) sale of marl, sand, gravel, shell, and mudshell; 10-18 (5) oyster bed rentals and permits; 10-19 (6) federal funds received for fish and wildlife 10-20 research, management, development and conservation, resource 10-21 protection, and law enforcement, unless the funds are received for 10-22 the specific purposes of Subchapter F, Chapter 77; 10-23 (7) sale of property, less advertising costs, 10-24 purchased from this account or a special fund or account that is 10-25 now part of this account; 10-26 (8) fines and penalties collected for violations of a 10-27 law pertaining to the protection and conservation of wild birds, 11-1 wild fowl, wild animals, fish, shrimp, oysters, game birds and 11-2 animals, fur-bearing animals, alligators, and any other wildlife 11-3 resources of this state, except as provided by Section 77.120; 11-4 (9) sale of rough fish by the department; 11-5 (10) fees for importation permits; 11-6 (11) fees from supplying fish for or placing fish in 11-7 water located on private property; 11-8 (12) sale of seized pelts; 11-9 (13) sale or lease of grazing rights to and the 11-10 products from game preserves, sanctuaries, and management areas; 11-11 (14) contracts for the removal of fur-bearing animals 11-12 and reptiles from wildlife management areas; 11-13 (15) motorboat registration fees; 11-14 (16) motorboat manufacturer or dealer registration 11-15 fee; 11-16 (17) fines or penalties imposed by a court for 11-17 violation of water safety laws contained in Chapter 31 of this 11-18 code; 11-19 (18) alligator hunter's or alligator buyer's licenses; 11-20 (19) sale of alligators or any part of an alligator by 11-21 the department; 11-22 (20) fees and revenue collected under Section 11-23 11.027(b) or (c) of this code that are associated with the 11-24 conservation of fish and wildlife; and 11-25 (21) any other source provided by law. 11-26 SECTION 4. Section 77.0361(c), Parks and Wildlife Code, is 11-27 amended to read as follows: 12-1 (c) All licenses issued under the authority of Chapter 77 of 12-2 this code may not be transferred to another person or vessel except 12-3 as provided by this subsection or by Section 77.113. The 12-4 commission, by regulation, may prescribe requirements necessary for 12-5 license transfers and may prescribe, by regulation, forms to be 12-6 used and fees to be charged for transfers of licenses in this 12-7 chapter and for duplicate license plates and/or duplicate or 12-8 replacement licenses. 12-9 SECTION 5. (a) As soon as practicable after the effective 12-10 date of this Act, the Parks and Wildlife Commission shall adopt any 12-11 rules necessary for the administration of the shrimp license 12-12 management program created by Subchapter F, Chapter 77, Parks and 12-13 Wildlife Code, as added by this Act. 12-14 (b) As soon as practicable after the effective date of this 12-15 Act, the executive director shall adopt procedures for the election 12-16 of the shrimp license management review board under Section 77.118, 12-17 Parks and Wildlife Code, as added by this Act. As soon as 12-18 practicable after the adoption of election procedures, the election 12-19 of the shrimp license management review board shall be held. 12-20 SECTION 6. The importance of this legislation and the 12-21 crowded condition of the calendars in both houses create an 12-22 emergency and an imperative public necessity that the 12-23 constitutional rule requiring bills to be read on three several 12-24 days in each house be suspended, and this rule is hereby suspended, 12-25 and that this Act take effect and be in force from and after its 12-26 passage, and it is so enacted.