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.