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.