By: Armbrister S.B. No. 1317
A BILL TO BE ENTITLED
AN ACT
1-1 relating to the regulation and promotion of aquaculture; providing
1-2 a penalty.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Section 134.001, Agriculture Code, is amended to
1-5 read as follows:
1-6 Sec. 134.001. Definitions. In this chapter:
1-7 (1) "Cultured species" means aquatic plants or animals
1-8 raised under conditions where at least a portion of their life
1-9 cycle is controlled by an aquaculturist.
1-10 (2) "Exotic species" means a nonindigenous plant or
1-11 animal not normally found in the public waters of this state.
1-12 (3) "Aquaculturist" or "fish farmer" means any person
1-13 owning or operating a facility registered <licensed> under this
1-14 chapter to engage in aquaculture or fish farming.
1-15 (4) "Aquaculture" or "fish farming" means the business
1-16 of producing and selling cultured species raised in aquaculture
1-17 <private> facilities. Aquaculture or fish farming is an
1-18 agricultural activity.
1-19 (5) "Aquaculture <"Private> facility" means a pond,
1-20 tank, cage, or other structure capable of holding cultured species
1-21 in confinement wholly within or on private land or water or within
1-22 or on permitted public land or water of this state.
1-23 <(6) "Owner" means an aquaculturist operating a
1-24 facility licensed by the department.>
2-1 SECTION 2. Subchapter A, Chapter 134, Agriculture Code, is
2-2 amended by adding Section 134.0011 to read as follows:
2-3 Sec. 134.0011. MORATORIUM ON EXPANDING EXISTING OR BUILDING
2-4 NEW AQUACULTURE FACILITY. (a) Notwithstanding other law,
2-5 construction may not begin on a new aquaculture facility that will
2-6 be used for aquaculture or on the expansion of an existing
2-7 aquaculture facility that is or will be used for aquaculture until
2-8 the earlier of:
2-9 (1) September 1, 1999; or
2-10 (2) the date the Texas Natural Resource Conservation
2-11 Commission finds that economically feasible treatment technology is
2-12 available that will allow aquaculture facilities to meet applicable
2-13 total suspended solids effluent limits.
2-14 (b) This section does not prohibit continuing construction
2-15 on a new aquaculture facility or on the expansion of an existing
2-16 aquaculture facility if construction was begun before September 1,
2-17 1995. For purposes of this section, construction is considered to
2-18 begin when substantial on-site physical construction of the new or
2-19 expanded facility begins.
2-20 (c) This section expires September 1, 1999.
2-21 SECTION 3. Section 134.002, Agriculture Code, is amended to
2-22 read as follows:
2-23 Sec. 134.002. Aquaculture Program. The department shall
2-24 assist the development of aquaculture in this state by <establish
2-25 an aquaculture program that>:
2-26 (1) developing <develops> and implementing <conducts>
2-27 a plan for promoting aquaculture products;
3-1 (2) registering <licenses and regulates> aquaculture
3-2 operations; and
3-3 (3) performing <provides technical assistance,
3-4 including demonstrations, to aquaculturists;>
3-5 <(4) provides coordinated support through colleges and
3-6 universities and other governmental entities;>
3-7 <(5) solicits financial support from the federal
3-8 government for the aquaculture industry;>
3-9 <(6) develops and expands the aquaculture industry to:>
3-10 <(A) stimulate the state's economy; and>
3-11 <(B) offer alternative crop opportunities; and>
3-12 <(7) performs> other functions and activities as
3-13 required by law.
3-14 SECTION 4. Section 134.003, Agriculture Code, is amended to
3-15 read as follows:
3-16 Sec. 134.003. <PROGRAM ADMINISTRATOR;> STAFF. <(a) The
3-17 department shall designate a person to administer the aquaculture
3-18 program.>
3-19 <(b)> The department <or the program administrator> may
3-20 employ the necessary staff to carry out the functions and duties of
3-21 the department under this chapter.
3-22 SECTION 5. The subchapter heading to Subchapter B, Chapter
3-23 134, Agriculture Code, is amended to read as follows:
3-24 SUBCHAPTER B. AQUACULTURE REGISTRATION <LICENSE>
3-25 SECTION 6. Section 134.011, Agriculture Code, is amended to
3-26 read as follows:
3-27 Sec. 134.011. AQUACULTURE REGISTRATION <LICENSE> REQUIRED.
4-1 A person may not operate an aquaculture facility without first
4-2 having registered the facility with <acquired from> the department
4-3 <an aquaculture license>.
4-4 SECTION 7. Section 134.012, Agriculture Code, is amended to
4-5 read as follows:
4-6 Sec. 134.012. Fish Farm Vehicle Registration <License>
4-7 þNRequiredää. (a) Except as provided by Subsection (b) of this
4-8 section, a vehicle used to transport fish from an aquaculture
4-9 facility <a fish farm> for sale from the vehicle is required to
4-10 have a fish farm vehicle registration <license>.
4-11 (b) A fish farm vehicle registration <license> is not
4-12 required for a vehicle owned and operated by the holder of an
4-13 aquaculture facility registration <license>.
4-14 SECTION 8. Section 134.013, Agriculture Code, is amended to
4-15 read as follows:
4-16 Sec. 134.013. Bill of Lading Required. The Parks and
4-17 Wildlife Commission shall adopt rules requiring that a <A> person
4-18 operating a vehicle transporting fish regulated by a bag,
4-19 possession, or size limit and prohibited from sale if taken from
4-20 the public waters of this state shall carry a bill of lading that
4-21 shows the weight of the fish or the number and species of fish
4-22 carried, the name of the owner and the location and registration
4-23 <license> number of the aquaculture facility from which the species
4-24 were transported, and the destination of the cargo.
4-25 SECTION 9. Section 134.014, Agriculture Code, is amended to
4-26 read as follows:
4-27 Sec. 134.014. Registration <License> FEES. The department
5-1 shall issue an aquaculture facility registration <license> or a
5-2 fish farm vehicle registration <license> on the payment of a fee by
5-3 the owner or operator, in an amount set by the commissioner, not to
5-4 exceed $100.
5-5 SECTION 10. Section 134.015, Agriculture Code, is amended to
5-6 read as follows:
5-7 Sec. 134.015. Form, Duration, and Renewal of Registration
5-8 <License>. (a) An aquaculture facility registration or a fish
5-9 farm vehicle registration <license> must be on a numbered form
5-10 provided by the department.
5-11 (b) A registration with the department <license> is valid
5-12 for two years <after the date of issuance>. The department shall
5-13 renew a registration <license> on submission <by the licensee> of a
5-14 completed application and a renewal fee in an amount set by the
5-15 commissioner, not to exceed $100<, unless the department determines
5-16 that the licensee has violated this chapter or a rule adopted under
5-17 this chapter>.
5-18 <(c) The department may suspend an aquaculture license if it
5-19 is determined that the licensee has violated this chapter or a rule
5-20 adopted under this chapter.>
5-21 SECTION 11. Section 134.017, Agriculture Code, is amended to
5-22 read as follows:
5-23 Sec. 134.017. Culture and Sale of Cultured Species.
5-24 Cultured species of any kind, size, or number may be raised,
5-25 possessed, transported, and sold anywhere, at any time, to any
5-26 person, for any purpose by the holder of an aquaculture facility
5-27 registration <license> unless prohibited by Parks and Wildlife Code
6-1 or regulation.
6-2 SECTION 12. Section 134.019, Agriculture Code, is amended to
6-3 read as follows:
6-4 Sec. 134.019. Marketing of Cultured Redfish and Cultured
6-5 Speckled Sea Trout. (a) The Parks and Wildlife Commission
6-6 <commissioner> shall adopt rules providing for the <raising,> sale,
6-7 transportation, and possession of cultured redfish and cultured
6-8 speckled sea trout raised at <by> an aquaculture facility
6-9 registered <aquaculturist licensed> under this chapter.
6-10 (b) The rules shall provide for and require the
6-11 identification of cultured redfish and cultured speckled sea trout
6-12 raised at <by> an aquaculture facility <aquaculturist> under this
6-13 chapter.
6-14 SECTION 13. Subsection (a), Section 134.022, Agriculture
6-15 Code, is amended to read as follows:
6-16 (a) A person<, other than the owner or operator of an
6-17 aquaculture facility,> may not fish on an aquaculture facility
6-18 without the consent of the owner or operator.
6-19 SECTION 14. Subsection (a), Section 134.023, Agriculture
6-20 Code, is amended to read as follows:
6-21 (a) A person owning or operating an aquaculture facility or
6-22 fish farm vehicle not registered under this subchapter is subject
6-23 to penalties provided by Section 12.020. <Except as provided by
6-24 Subsection (b), (c), or (d) of this section, a person who violates
6-25 any provision of this chapter or rule adopted under this chapter
6-26 commits an offense that is a Class C misdemeanor.>
6-27 SECTION 15. Subsection (c), Section 12.020, Agriculture
7-1 Code, is amended to read as follows:
7-2 (c) The provisions of this code subject to this section and
7-3 the applicable penalty amounts are as follows:
7-4 Provision Maximum Penalty
7-5 Chapters 13, 14, 61, 101, 102,
7-6 103, <and> 132, and 134 $ 500
7-7 Subchapter B, Chapter 71 $2,000
7-8 Subchapters A and C, Chapter 71
7-9 Chapters 72, 73, and 74 $5,000.
7-10 SECTION 16. The subchapter heading to Subchapter D, Chapter
7-11 1, Parks and Wildlife Code, is amended to read as follows:
7-12 SUBCHAPTER D. AQUACULTURE EXECUTIVE COMMITTEE <AND LIASON OFFICER>
7-13 SECTION 17. Section 1.201, Parks and Wildlife Code, is
7-14 amended to read as follows:
7-15 Sec. 1.201. Aquaculture Executive Committee. (a) The
7-16 aquaculture executive committee consists of:
7-17 (1) the following officers or their designees:
7-18 (A) the chairman;
7-19 (B) <,> the commissioner of agriculture;
7-20 (C) the governor;
7-21 (D) the chairman of the Texas Natural Resource
7-22 Conservation Commission;
7-23 (E) the commissioner of health and human
7-24 services;
7-25 (F) the director of the Texas Agricultural
7-26 Extension Service;
7-27 (G) the executive director of the Texas
8-1 Department of Commerce;<,> and
8-2 (H) the commissioner of the General Land Office;
8-3 and
8-4 (2) three persons appointed by the governor, at least
8-5 two of whom own or operate facilities registered under Subchapter
8-6 B, Chapter 134, Agriculture Code.
8-7 (b) The aquaculture executive committee shall elect among
8-8 its members a chairman.
8-9 (c) The aquaculture executive committee meets at the call of
8-10 the chair or the call of three members.
8-11 (d) Members of the aquaculture executive committee appointed
8-12 by the governor serve two-year terms.
8-13 SECTION 18. Section 1.203, Parks and Wildlife Code, is
8-14 amended to read as follows:
8-15 Sec. 1.203. PURPOSE <Agency Review of Aquaculture Rules>.
8-16 The aquaculture executive committee <Each state agency that
8-17 regulates persons involved with aquaculture shall review the
8-18 agency's rules regarding aquaculture biennially to determine
8-19 whether changes in the rules are necessary as a result of new
8-20 developments in aquaculture technology. The chairman of the Parks
8-21 and Wildlife Commission, the commissioner of agriculture, and the
8-22 commissioner of the General Land Office shall each designate a
8-23 person who shall be responsible for coordinating the aquaculture
8-24 activities of that agency. These individuals> shall work
8-25 cooperatively and collaboratively to ensure that the various state
8-26 agencies regulating aquaculture do so in a manner that assists
8-27 responsible development, expansion, and commercialization of
9-1 aquaculture <designed to benefit the industry to the greatest
9-2 extent possible>.
9-3 SECTION 19. Section 1.205, Parks and Wildlife Code, is
9-4 amended to read as follows:
9-5 Sec. 1.205. Grants and Gifts to the Aquaculture Industry.
9-6 (a) The aquaculture executive committee may accept grants and
9-7 gifts from public and private sources for purposes of state
9-8 coordination of the aquaculture industry.
9-9 (b) Money received under this section shall be deposited in
9-10 the general revenue fund to the credit of a special account. Money
9-11 in the special account may be used only for the advancement of the
9-12 aquaculture industry.
9-13 SECTION 20. Section 1.206, Parks and Wildlife Code, is
9-14 amended to read as follows:
9-15 Sec. 1.206. POWERS <DUTIES> OF COMMITTEE <OFFICER>.
9-16 (a) The <chairman of the> aquaculture executive committee may
9-17 <shall>:
9-18 (1) coordinate activities concerning the aquaculture
9-19 industry between the state agencies having regulatory authority
9-20 over that industry;
9-21 (2) report <to the aquaculture executive committee
9-22 every six months, or more often in the discretion of the chairman,
9-23 and> to the legislature before the beginning of each regular
9-24 session, concerning the status of the aquaculture industry in the
9-25 state;
9-26 (3) assist the commission in drafting the rules
9-27 required to be adopted under Sections 134.013, 134.019, and
10-1 <Section> 134.020(a), Agriculture Code;
10-2 (4) assist applicants seeking aquaculture facility
10-3 registration <fish farming licensing permits through the licensing
10-4 process>;
10-5 (5) coordinate the issuance of permits required for
10-6 persons engaged in aquaculture; <and>
10-7 (6) biennially compile a strategic development plan
10-8 for the aquaculture industry;
10-9 (7) provide technical assistance, including
10-10 demonstrations, to aquaculturists through coordinated support from
10-11 colleges and universities and other governmental entities;
10-12 (8) solicit financial support from local governments,
10-13 state agencies, and the federal government for the aquaculture
10-14 industry; and
10-15 (9) study ways to develop and expand the aquaculture
10-16 industry to stimulate the state's economy by:
10-17 (A) developing a flexible and responsible
10-18 regulatory infrastructure that allows for the economic
10-19 competitiveness of the industry while protecting the state's native
10-20 species; and
10-21 (B) promoting sound aquacultural business and
10-22 production practices that are compatible with the state's natural
10-23 resources.
10-24 (b) A report under Subsection (a)(2) of this section may
10-25 include recommendations to promote the state's aquaculture industry
10-26 or to improve the cooperation between the state agencies having
10-27 regulatory authority over the industry.
11-1 SECTION 21. Subchapter B, Chapter 26, Water Code, is amended
11-2 by adding Section 26.049 to read as follows:
11-3 Sec. 26.049. REGULATION OF CONCENTRATED AQUATIC ANIMAL
11-4 PRODUCTION FACILITIES. (a) In this section, "concentrated aquatic
11-5 animal production facility" means an aquatic animal production
11-6 facility that during a month discharges more than a daily average
11-7 of 10 million gallons of waste.
11-8 (b) The commission shall by rule adopt standards for
11-9 preparation and submission of effluent characterization reports by
11-10 a concentrated aquatic animal production facility that does not
11-11 operate under an individual waste discharge permit. The commission
11-12 shall require that samples be taken at least weekly at each
11-13 concentrated aquatic animal production facility to determine:
11-14 (1) the total suspended solids in the waste discharged
11-15 and in the receiving stream;
11-16 (2) the five-day biochemical oxygen demand in the
11-17 receiving stream;
11-18 (3) the ammonia nitrogen content of the waste
11-19 discharged and the receiving stream; and
11-20 (4) the dissolved oxygen content of the waste
11-21 discharged and the receiving stream.
11-22 SECTION 22. Section 26.121, Water Code (effective until
11-23 delegation of NPDES permit authority to the Texas Natural Resource
11-24 Conservation Commission), is amended by adding Subsection (d) to
11-25 read as follows:
11-26 (d) In the enforcement of Subsection (a), the commission may
11-27 not enforce before June 1, 1999, effluent limits based on narrative
12-1 criteria relating to suspended solids on a concentrated aquatic
12-2 animal production facility, as defined by Section 26.049(a), in
12-3 operation on June 1, 1995, unless the commission finds:
12-4 (1) economically feasible treatment technology is
12-5 available and if used would result in the facility meeting the
12-6 total suspended solids effluent limit in question;
12-7 (2) the facility failed to implement solids reduction
12-8 measures or practices specified in a rule, permit, or order of the
12-9 commission; or
12-10 (3) compliance with the effluent limitation is
12-11 necessary to prevent severe, irreversible impairment of the
12-12 existing uses of the receiving stream.
12-13 SECTION 23. Section 26.121, Water Code (effective upon
12-14 delegation of NPDES permit authority to the Texas Natural Resource
12-15 Conservation Commission), is amended by adding Subsection (f) to
12-16 read as follows:
12-17 (f) In the enforcement of Subsection (a), the commission may
12-18 not enforce before June 1, 1999, effluent limits based on narrative
12-19 criteria relating to suspended solids on a concentrated aquatic
12-20 animal production facility, as defined by Section 26.049(a), in
12-21 operation on June 1, 1995, unless the commission finds:
12-22 (1) economically feasible treatment technology is
12-23 available and if used would result in the facility meeting the
12-24 total suspended solids effluent limit in question;
12-25 (2) the facility failed to implement solids reduction
12-26 measures or practices specified in a rule, permit, or order of the
12-27 commission; or
13-1 (3) compliance with the effluent limitation is
13-2 necessary to prevent severe, irreversible impairment of the
13-3 existing uses of the receiving stream.
13-4 SECTION 24. (a) Sections 134.006 and 134.016, Agriculture
13-5 Code, are repealed.
13-6 (b) Section 1.204, Parks and Wildlife Code, is repealed.
13-7 SECTION 25. (a) The change in law made by this Act to
13-8 Chapter 134, Agriculture Code, requiring registration of
13-9 aquaculture facilities and fish farm vehicles instead of licensing
13-10 those facilities and vehicles, does not affect an aquaculture
13-11 license or fish farm vehicle license issued before the effective
13-12 date of this Act. A license issued before the effective date of
13-13 this Act expires on the second anniversary of the date of its
13-14 issuance, and on the expiration the former license holder may seek
13-15 renewal of a registration as if the license that expired had been a
13-16 registration.
13-17 (b) The Parks and Wildlife Commission shall adopt the rules
13-18 required to be adopted under Section 134.013, Agriculture Code, as
13-19 amended by this Act, not later than January 1, 1996.
13-20 (c) All rules adopted by the commissioner of agriculture
13-21 under Section 134.019, Agriculture Code, in effect on the effective
13-22 date of this Act remain in effect on or after that date as if
13-23 adopted by the Parks and Wildlife Commission until amended,
13-24 repealed, withdrawn, or otherwise superseded by rule of the Parks
13-25 and Wildlife Commission.
13-26 (d) Not later than September 1, 1996, the Parks and Wildlife
13-27 Commission, the aquaculture executive committee, as defined by
14-1 Section 1.201, Parks and Wildlife Code, as amended by this Act, and
14-2 Texas A&M University shall jointly develop a study plan to
14-3 facilitate the acquisition of the scientific information needed to
14-4 develop regulations for discharge from concentrated aquatic animal
14-5 production facilities. The plan must include a method of funding
14-6 the execution of the plan from private or public sources. The plan
14-7 must address:
14-8 (1) the development of feasible treatment technology;
14-9 (2) a quantitative method for developing total
14-10 suspended solids effluent limits; and
14-11 (3) the impact on receiving streams of any differences
14-12 in quality of discharges from concentrated aquatic animal
14-13 production facilities in comparison to discharges from municipal
14-14 and industrial waste treatment facilities.
14-15 SECTION 26. This Act takes effect September 1, 1995.
14-16 SECTION 27. The importance of this legislation and the
14-17 crowded condition of the calendars in both houses create an
14-18 emergency and an imperative public necessity that the
14-19 constitutional rule requiring bills to be read on three several
14-20 days in each house be suspended, and this rule is hereby suspended.