1-1 By: Armbrister S.B. No. 1317
1-2 (In the Senate - Filed March 10, 1995; March 20, 1995, read
1-3 first time and referred to Committee on Natural Resources;
1-4 April 20, 1995, reported adversely, with favorable Committee
1-5 Substitute by the following vote: Yeas 6, Nays 1; April 20, 1995,
1-6 sent to printer.)
1-7 COMMITTEE SUBSTITUTE FOR S.B. No. 1317 By: Armbrister
1-8 A BILL TO BE ENTITLED
1-9 AN ACT
1-10 relating to the regulation and promotion of aquaculture; providing
1-11 a penalty.
1-12 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-13 SECTION 1. Section 134.001, Agriculture Code, is amended to
1-14 read as follows:
1-15 Sec. 134.001. Definitions. In this chapter:
1-16 (1) "Cultured species" means aquatic plants or animals
1-17 raised under conditions where at least a portion of their life
1-18 cycle is controlled by an aquaculturist.
1-19 (2) "Exotic species" means a nonindigenous plant or
1-20 animal not normally found in the public waters of this state.
1-21 (3) "Aquaculturist" or "fish farmer" means any person
1-22 owning or operating a facility registered <licensed> under this
1-23 chapter to engage in aquaculture or fish farming.
1-24 (4) "Aquaculture" or "fish farming" means the business
1-25 of producing and selling cultured species raised in aquaculture
1-26 <private> facilities. Aquaculture or fish farming is an
1-27 agricultural activity.
1-28 (5) "Aquaculture <"Private> facility" means a pond,
1-29 tank, cage, or other structure capable of holding cultured species
1-30 in confinement wholly within or on private land or water or within
1-31 or on permitted public land or water of this state.
1-32 <(6) "Owner" means an aquaculturist operating a
1-33 facility licensed by the department.>
1-34 SECTION 2. Section 134.002, Agriculture Code, is amended to
1-35 read as follows:
1-36 Sec. 134.002. Aquaculture Program. The department shall
1-37 assist the development of aquaculture in this state by <establish
1-38 an aquaculture program that>:
1-39 (1) developing <develops> and implementing <conducts>
1-40 a plan for promoting aquaculture products;
1-41 (2) registering <licenses and regulates> aquaculture
1-42 operations; and
1-43 (3) performing <provides technical assistance,
1-44 including demonstrations, to aquaculturists;>
1-45 <(4) provides coordinated support through colleges and
1-46 universities and other governmental entities;>
1-47 <(5) solicits financial support from the federal
1-48 government for the aquaculture industry;>
1-49 <(6) develops and expands the aquaculture industry to:>
1-50 <(A) stimulate the state's economy; and>
1-51 <(B) offer alternative crop opportunities; and>
1-52 <(7) performs> other functions and activities as
1-53 required by law.
1-54 SECTION 3. Section 134.003, Agriculture Code, is amended to
1-55 read as follows:
1-56 Sec. 134.003. <PROGRAM ADMINISTRATOR;> STAFF. <(a) The
1-57 department shall designate a person to administer the aquaculture
1-58 program.>
1-59 <(b)> The department <or the program administrator> may
1-60 employ the necessary staff to carry out the functions and duties of
1-61 the department under this chapter.
1-62 SECTION 4. The subchapter heading to Subchapter B, Chapter
1-63 134, Agriculture Code, is amended to read as follows:
1-64 SUBCHAPTER B. AQUACULTURE REGISTRATION <LICENSE>
1-65 SECTION 5. Section 134.011, Agriculture Code, is amended to
1-66 read as follows:
1-67 Sec. 134.011. AQUACULTURE REGISTRATION <LICENSE> REQUIRED.
1-68 A person may not operate an aquaculture facility without first
2-1 having registered the facility with <acquired from> the department
2-2 <an aquaculture license>.
2-3 SECTION 6. Section 134.012, Agriculture Code, is amended to
2-4 read as follows:
2-5 Sec. 134.012. Fish Farm Vehicle Registration <License>
2-6 þNRequiredää. (a) Except as provided by Subsection (b) of this
2-7 section, a vehicle used to transport fish from an aquaculture
2-8 facility <a fish farm> for sale from the vehicle is required to
2-9 have a fish farm vehicle registration <license>.
2-10 (b) A fish farm vehicle registration <license> is not
2-11 required for a vehicle owned and operated by the holder of an
2-12 aquaculture facility registration <license>.
2-13 SECTION 7. Section 134.013, Agriculture Code, is amended to
2-14 read as follows:
2-15 Sec. 134.013. Bill of Lading Required. The Parks and
2-16 Wildlife Commission shall adopt rules requiring that a <A> person
2-17 operating a vehicle transporting fish regulated by a bag,
2-18 possession, or size limit and prohibited from sale if taken from
2-19 the public waters of this state shall carry a bill of lading that
2-20 shows the weight of the fish or the number and species of fish
2-21 carried, the name of the owner and the location and registration
2-22 <license> number of the aquaculture facility from which the species
2-23 were transported, and the destination of the cargo.
2-24 SECTION 8. Section 134.014, Agriculture Code, is amended to
2-25 read as follows:
2-26 Sec. 134.014. Registration <License> FEES. The department
2-27 shall issue an aquaculture facility registration <license> or a
2-28 fish farm vehicle registration <license> on the payment of a fee by
2-29 the owner or operator, in an amount set by the commissioner, not to
2-30 exceed $100.
2-31 SECTION 9. Section 134.015, Agriculture Code, is amended to
2-32 read as follows:
2-33 Sec. 134.015. Form, Duration, and Renewal of Registration
2-34 <License>. (a) An aquaculture facility registration or a fish
2-35 farm vehicle registration <license> must be on a numbered form
2-36 provided by the department.
2-37 (b) A registration with the department <license> is valid
2-38 for two years <after the date of issuance>. The department shall
2-39 renew a registration <license> on submission <by the licensee> of a
2-40 completed application and a renewal fee in an amount set by the
2-41 commissioner, not to exceed $100<, unless the department determines
2-42 that the licensee has violated this chapter or a rule adopted under
2-43 this chapter>.
2-44 <(c) The department may suspend an aquaculture license if it
2-45 is determined that the licensee has violated this chapter or a rule
2-46 adopted under this chapter.>
2-47 SECTION 10. Section 134.017, Agriculture Code, is amended to
2-48 read as follows:
2-49 Sec. 134.017. Culture and Sale of Cultured Species.
2-50 Cultured species of any kind, size, or number may be raised,
2-51 possessed, transported, and sold anywhere, at any time, to any
2-52 person, for any purpose by the holder of an aquaculture facility
2-53 registration <license> unless prohibited by Parks and Wildlife Code
2-54 or regulation.
2-55 SECTION 11. Section 134.019, Agriculture Code, is amended to
2-56 read as follows:
2-57 Sec. 134.019. Marketing of Cultured Redfish and Cultured
2-58 Speckled Sea Trout. (a) The Parks and Wildlife Commission
2-59 <commissioner> shall adopt rules providing for the <raising,> sale,
2-60 transportation, and possession of cultured redfish and cultured
2-61 speckled sea trout raised at <by> an aquaculture facility
2-62 registered <aquaculturist licensed> under this chapter.
2-63 (b) The rules shall provide for and require the
2-64 identification of cultured redfish and cultured speckled sea trout
2-65 raised at <by> an aquaculture facility <aquaculturist> under this
2-66 chapter.
2-67 SECTION 12. Subsection (a), Section 134.022, Agriculture
2-68 Code, is amended to read as follows:
2-69 (a) A person<, other than the owner or operator of an
2-70 aquaculture facility,> may not fish on an aquaculture facility
3-1 without the consent of the owner or operator.
3-2 SECTION 13. Subsection (a), Section 134.023, Agriculture
3-3 Code, is amended to read as follows:
3-4 (a) A person owning or operating an aquaculture facility or
3-5 fish farm vehicle not registered under this subchapter is subject
3-6 to penalties provided by Section 12.020. <Except as provided by
3-7 Subsection (b), (c), or (d) of this section, a person who violates
3-8 any provision of this chapter or rule adopted under this chapter
3-9 commits an offense that is a Class C misdemeanor.>
3-10 SECTION 14. Subsection (c), Section 12.020, Agriculture
3-11 Code, is amended to read as follows:
3-12 (c) The provisions of this code subject to this section and
3-13 the applicable penalty amounts are as follows:
3-14 Provision Maximum Penalty
3-15 Chapters 13, 14, 61, 101, 102,
3-16 103, <and> 132, and 134 $ 500
3-17 Subchapter B, Chapter 71 $2,000
3-18 Subchapters A and C, Chapter 71
3-19 Chapters 72, 73, and 74 $5,000.
3-20 SECTION 15. The subchapter heading to Subchapter D, Chapter
3-21 1, Parks and Wildlife Code, is amended to read as follows:
3-22 SUBCHAPTER D. AQUACULTURE EXECUTIVE COMMITTEE <AND LIASON OFFICER>
3-23 SECTION 16. Section 1.201, Parks and Wildlife Code, is
3-24 amended to read as follows:
3-25 Sec. 1.201. Aquaculture Executive Committee. (a) The
3-26 aquaculture executive committee consists of:
3-27 (1) the following officers or their designees:
3-28 (A) the chairman;
3-29 (B) <,> the commissioner of agriculture;
3-30 (C) the governor;
3-31 (D) the chairman of the Texas Natural Resource
3-32 Conservation Commission;
3-33 (E) the commissioner of health and human
3-34 services;
3-35 (F) the director of the Texas Agricultural
3-36 Extension Service;
3-37 (G) the executive director of the Texas
3-38 Department of Commerce;<,> and
3-39 (H) the commissioner of the General Land Office;
3-40 and
3-41 (2) three persons appointed by the governor, at least
3-42 two of whom own or operate facilities registered under Subchapter
3-43 B, Chapter 134, Agriculture Code.
3-44 (b) The aquaculture executive committee shall elect among
3-45 its members a chairman.
3-46 (c) The aquaculture executive committee meets at the call of
3-47 the chair or the call of three members.
3-48 (d) Members of the aquaculture executive committee appointed
3-49 by the governor serve two-year terms.
3-50 SECTION 17. Section 1.203, Parks and Wildlife Code, is
3-51 amended to read as follows:
3-52 Sec. 1.203. PURPOSE <Agency Review of Aquaculture Rules>.
3-53 The aquaculture executive committee <Each state agency that
3-54 regulates persons involved with aquaculture shall review the
3-55 agency's rules regarding aquaculture biennially to determine
3-56 whether changes in the rules are necessary as a result of new
3-57 developments in aquaculture technology. The chairman of the Parks
3-58 and Wildlife Commission, the commissioner of agriculture, and the
3-59 commissioner of the General Land Office shall each designate a
3-60 person who shall be responsible for coordinating the aquaculture
3-61 activities of that agency. These individuals> shall work
3-62 cooperatively and collaboratively to ensure that the various state
3-63 agencies regulating aquaculture do so in a manner that assists
3-64 responsible development, expansion, and commercialization of
3-65 aquaculture <designed to benefit the industry to the greatest
3-66 extent possible>.
3-67 SECTION 18. Section 1.205, Parks and Wildlife Code, is
3-68 amended to read as follows:
3-69 Sec. 1.205. Grants and Gifts to the Aquaculture Industry.
3-70 (a) The aquaculture executive committee may accept grants and
4-1 gifts from public and private sources for purposes of state
4-2 coordination of the aquaculture industry.
4-3 (b) Money received under this section shall be deposited in
4-4 the general revenue fund to the credit of a special account. Money
4-5 in the special account may be used only for the advancement of the
4-6 aquaculture industry.
4-7 SECTION 19. Section 1.206, Parks and Wildlife Code, is
4-8 amended to read as follows:
4-9 Sec. 1.206. POWERS <DUTIES> OF COMMITTEE <OFFICER>.
4-10 (a) The <chairman of the> aquaculture executive committee may
4-11 <shall>:
4-12 (1) coordinate activities concerning the aquaculture
4-13 industry between the state agencies having regulatory authority
4-14 over that industry;
4-15 (2) report <to the aquaculture executive committee
4-16 every six months, or more often in the discretion of the chairman,
4-17 and> to the legislature before the beginning of each regular
4-18 session, concerning the status of the aquaculture industry in the
4-19 state;
4-20 (3) assist the commission in drafting the rules
4-21 required to be adopted under Sections 134.013, 134.019, and
4-22 <Section> 134.020(a), Agriculture Code;
4-23 (4) assist applicants seeking aquaculture facility
4-24 registration <fish farming licensing permits through the licensing
4-25 process>;
4-26 (5) coordinate the issuance of permits required for
4-27 persons engaged in aquaculture; <and>
4-28 (6) biennially compile a strategic development plan
4-29 for the aquaculture industry;
4-30 (7) provide technical assistance, including
4-31 demonstrations, to aquaculturists through coordinated support from
4-32 colleges and universities and other governmental entities;
4-33 (8) solicit financial support from local governments,
4-34 state agencies, and the federal government for the aquaculture
4-35 industry; and
4-36 (9) study ways to develop and expand the aquaculture
4-37 industry to stimulate the state's economy by:
4-38 (A) developing a flexible and responsible
4-39 regulatory infrastructure that allows for the economic
4-40 competitiveness of the industry while protecting the state's native
4-41 species; and
4-42 (B) promoting sound aquacultural business and
4-43 production practices that are compatible with the state's natural
4-44 resources.
4-45 (b) A report under Subsection (a)(2) of this section may
4-46 include recommendations to promote the state's aquaculture industry
4-47 or to improve the cooperation between the state agencies having
4-48 regulatory authority over the industry.
4-49 SECTION 20. Subchapter B, Chapter 26, Water Code, is amended
4-50 by adding Section 26.049 to read as follows:
4-51 Sec. 26.049. REGULATION OF CONCENTRATED AQUATIC ANIMAL
4-52 PRODUCTION FACILITIES. (a) In this section, "concentrated aquatic
4-53 animal production facility" means an aquatic animal production
4-54 facility that during a month discharges more than a daily average
4-55 of 10 million gallons of waste.
4-56 (b) The commission shall by rule adopt standards for
4-57 preparation and submission of effluent characterization reports by
4-58 a concentrated aquatic animal production facility that does not
4-59 operate under an individual waste discharge permit. The commission
4-60 shall require that samples be taken at least weekly at each
4-61 concentrated aquatic animal production facility to determine:
4-62 (1) the total suspended solids in the waste discharged
4-63 and in the receiving stream;
4-64 (2) the five-day biochemical oxygen demand in the
4-65 receiving stream;
4-66 (3) the ammonia nitrogen content of the waste
4-67 discharged and the receiving stream; and
4-68 (4) the dissolved oxygen content of the waste
4-69 discharged and the receiving stream.
4-70 SECTION 21. Section 26.121, Water Code (effective until
5-1 delegation of NPDES permit authority to the Texas Natural Resource
5-2 Conservation Commission), is amended by adding Subsection (d) to
5-3 read as follows:
5-4 (d) In the enforcement of Subsection (a), the commission may
5-5 not enforce before June 1, 1999, effluent limits based on narrative
5-6 criteria relating to suspended solids on a concentrated aquatic
5-7 animal production facility, as defined by Section 26.049(a), in
5-8 operation on June 1, 1995, unless the commission finds:
5-9 (1) economically feasible treatment technology is
5-10 available and if used would result in the facility meeting the
5-11 total suspended solids effluent limit in question;
5-12 (2) the facility failed to implement solids reduction
5-13 measures or practices specified in a rule, permit, or order of the
5-14 commission; or
5-15 (3) compliance with the effluent limitation is
5-16 necessary to prevent severe, irreversible impairment of the
5-17 existing uses of the receiving stream.
5-18 SECTION 22. Section 26.121, Water Code (effective upon
5-19 delegation of NPDES permit authority to the Texas Natural Resource
5-20 Conservation Commission), is amended by adding Subsection (f) to
5-21 read as follows:
5-22 (f) In the enforcement of Subsection (a), the commission may
5-23 not enforce before June 1, 1999, effluent limits based on narrative
5-24 criteria relating to suspended solids on a concentrated aquatic
5-25 animal production facility, as defined by Section 26.049(a), in
5-26 operation on June 1, 1995, unless the commission finds:
5-27 (1) economically feasible treatment technology is
5-28 available and if used would result in the facility meeting the
5-29 total suspended solids effluent limit in question;
5-30 (2) the facility failed to implement solids reduction
5-31 measures or practices specified in a rule, permit, or order of the
5-32 commission; or
5-33 (3) compliance with the effluent limitation is
5-34 necessary to prevent severe, irreversible impairment of the
5-35 existing uses of the receiving stream.
5-36 SECTION 23. (a) Sections 134.006 and 134.016, Agriculture
5-37 Code, are repealed.
5-38 (b) Section 1.204, Parks and Wildlife Code, is repealed.
5-39 SECTION 24. (a) The change in law made by this Act to
5-40 Chapter 134, Agriculture Code, requiring registration of
5-41 aquaculture facilities and fish farm vehicles instead of licensing
5-42 those facilities and vehicles, does not affect an aquaculture
5-43 license or fish farm vehicle license issued before the effective
5-44 date of this Act. A license issued before the effective date of
5-45 this Act expires on the second anniversary of the date of its
5-46 issuance, and on the expiration the former license holder may seek
5-47 renewal of a registration as if the license that expired had been a
5-48 registration.
5-49 (b) The Parks and Wildlife Commission shall adopt the rules
5-50 required to be adopted under Section 134.013, Agriculture Code, as
5-51 amended by this Act, not later than January 1, 1996.
5-52 (c) All rules adopted by the commissioner of agriculture
5-53 under Section 134.019, Agriculture Code, in effect on the effective
5-54 date of this Act remain in effect on or after that date as if
5-55 adopted by the Parks and Wildlife Commission until amended,
5-56 repealed, withdrawn, or otherwise superseded by rule of the Parks
5-57 and Wildlife Commission.
5-58 (d) Not later than September 1, 1996, the Parks and Wildlife
5-59 Commission, the aquaculture executive committee, as defined by
5-60 Section 1.201, Parks and Wildlife Code, as amended by this Act, and
5-61 Texas A&M University shall jointly develop a study plan to
5-62 facilitate the acquisition of the scientific information needed to
5-63 develop regulations for discharge from concentrated aquatic animal
5-64 production facilities. The plan must include a method of funding
5-65 the execution of the plan from private or public sources. The plan
5-66 must address:
5-67 (1) the development of feasible treatment technology;
5-68 (2) a quantitative method for developing total
5-69 suspended solids effluent limits; and
5-70 (3) the impact on receiving streams of any differences
6-1 in quality of discharges from concentrated aquatic animal
6-2 production facilities in comparison to discharges from municipal
6-3 and industrial waste treatment facilities.
6-4 SECTION 25. This Act takes effect September 1, 1995.
6-5 SECTION 26. The importance of this legislation and the
6-6 crowded condition of the calendars in both houses create an
6-7 emergency and an imperative public necessity that the
6-8 constitutional rule requiring bills to be read on three several
6-9 days in each house be suspended, and this rule is hereby suspended.
6-10 * * * * *