SRC-AAA, SLL C.S.S.B. 1124 75(R)BILL ANALYSIS


Senate Research CenterC.S.S.B. 1124
By: Brown
Natural Resources
4-3-97
Committee Report (Substituted)


DIGEST 

Currently, the Texas Department of Agriculture has never adopted rules to
monitor aquaculture facilities for disease during "grow out" stages.
Thus, on occasion, facilities with disease outbreaks may discharge water
in order not to contaminate the rest of their stock.  This bill transfers
aquaculture licensing authority to the Texas Animal Health Commission,
abolishes the Aquaculture Executive Committee, establishes a permit review
system, coordinates law enforcement actions, and mandates certain studies
on wastewater discharge.  

PURPOSE

As proposed, C.S.S.B. 1124 transfers aquaculture licensing authority to
the Texas Animal Health Commission, abolishes the Aquaculture Executive
Committee, establishes a permit review system, coordinates law enforcement
actions, and mandates certain studies on wastewater discharge.  

RULEMAKING AUTHORITY

Rulemaking authority is granted to the Department of Agriculture, the
Texas Animal Health Commission, and the Parks and Wildlife Commission in
SECTION 1 (Section 134.005, Agriculture Code) of this bill.

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Chapter 134A, Agriculture Code, as follows:

SUBCHAPTER A.  GENERAL PROVISIONS

Sec.  134.001.  DEFINITIONS.  Redefines "cultured species,"  "aquaculture
or fish farming," and "owner." Defines "commission." 

Sec.  134.002.  AQUACULTURE PROGRAM.  Sets forth duties of the Department
of Agriculture regarding aquaculture. 

Sec.  134.0025.  LICENSING.  Requires the Texas Animal Health Commission
(commission) to license aquaculture facilities and to develop an
application process for an aquaculture license and license aquaculture
facilities.  Authorizes the commission to set fees for an aquaculture
license and to reserve the authority to deny an aquaculture license. 

Sec.  134.003.  PROGRAM ADMINISTRATOR; STAFF.  Makes nonsubstantive
changes. 

Sec.  134.0035.  LICENSING ADMINISTRATOR; STAFF.  Requires the commission
to designate a person to administer the commission's aquaculture licensing
program. Authorizes the commission or the commission's program
administrator to employ the necessary staff to carry out the functions and
duties of the commission under this chapter. 

Sec.  134.004.  CONTRACTS.  Authorizes the commission to contract with
state, federal, or private entities for  assistance in carrying out the
purposes of this chapter. 

Sec.  134.005.  RULES.  Authorizes the department, the commission, and the
Parks and  Wildlife Commission to adopt rules to carry out their
respective duties under this chapter. Authorizes the commission to adopt
rules to control any disease or agent of  disease transmission that
affects, or has potential to affect, cultured species or native wild
aquatic species.  Authorizes the commission to establish, by rule, record
keeping requirements for aquaculture facilities.  Prohibits the rules from
conflicting with rules issued as otherwise provided by this code, rather
than Section 134.020 of this code. 

Sec.  134.006. AQUACULTURE FUND. Makes a conforming change. 

SECTION 2. Amends Sections 134.011, 134.012 and 134.014-134.016,
Agriculture Code, as follows: 

Sec. 134.011. AQUACULTURE LICENSE REQUIRED.  Makes a conforming change. 

Sec. 134.012. FISH FARM VEHICLE LICENSE REQUIRED.  Requires a vehicle used
to transport cultured species, rather than fish, from a private facility,
rather than a fish farm, to have a fish farm license, except as provided
by Subsection (b). 

Sec. 134.014. LICENSE FEES. Makes conforming changes. 

Sec. 134.015. FORM, DURATION, AND RENEWAL OF LICENSE. Makes conforming
changes.  

Sec. 134.016. RECORDS.  Requires a holder of an aquaculture license to
maintain a record of the shipment of aquatic species raised in an
aquaculture facility as provided by Chapters 47 and 66, Parks and Wildlife
Code, and rules adopted by the Parks and Wildlife Department.  Deletes a
provision concerning records. 

SECTION 3. Amends Section 134.023(b), Agriculture Code, to provide that a
person who violates Section 134.020, rather than Section 134.019, commits
an offense that is a Class B misdemeanor. 

SECTION 4. Amends Chapter 134, Agriculture Code, by adding Subchapter C,
as follows: 

SUBCHAPTER C. INTERAGENCY COOPERATION

Sec. 134.031. MEMORANDUM OF AGREEMENT. Requires the Texas Natural Resource
Conservation Commission, the Parks and Wildlife Department, and the
commission to enter into a memorandum of agreement for regulation of
matters related to aquaculture.  Sets forth the requirements for the
memorandum of agreement.  Provides that certain parties are entitled to
participate in certain studies.  Requires certain reports to be made
available to the public before December 31, 1998.  Provides that this
subsection  expires December 31, 1998.  

SECTION 5. Amends Sections 66.020(b) and (f), Parks and Wildlife Code, to
delete a provision that this section does not apply to certain fish.
Requires certain fish to be tagged. 

SECTION 6. Repealer: Sections 134.013 and 134.019, Agriculture Code
(Regulation of Aquaculture). 

SECTION 7. Repealer: Chapter 1D, Parks and Wildlife Code (Aquaculture
Executive Committee and Liaison Officer), effective September 1, 1998.
Abolishes the aquaculture executive committee September 1, 1998. 

SECTION 8. Sets forth the requirements for the memorandum of agreement.
Requires the entities to enter into a memorandum of agreement as soon as
practicable on or after the effective date of this Act.  

SECTION 9. Effective date: September 1, 1997.
  
 SECTION 10. Requires the Department of Agriculture, the Parks and
Wildlife Department, and the Texas Animal Health Commission to coordinate
certain transfers.  Provides that rules adopted by the Department of
Agriculture with regard to aquaculture licensing before September 1, 1997,
become the rule of the commission. Provides that actions with regard to
aquaculture licensing after September 1, 1997 are not affected by this
Act.  Provides that an action of  the Department of Agriculture having an
effect on or after September 1, 1997, is to be considered an action of the
commission.  Requires certain entities to enter into a memorandum of
agreement.  Requires the aquaculture executive committee to coordinate the
transfer of files, personnel, or equipment on or after the effective date
of this Act. 

SECTION 11. Emergency clause.

SUMMARY OF COMMITTEE CHANGES

SECTION 1.

Amends Section 134.0025, Agriculture Code, to require the commission to
establish an application process for an aquaculture license and license
aquaculture facilities. Makes a nonsubstantive change. 

SECTION 2.

Amends Section 134.012, Agriculture Code, to require a vehicle used to
transport cultured species, rather than fish, from a private facility,
rather than a fish farm, to have a fish farm license, except as provided
by Subsection (b). 

Amends Section 134.016, Agriculture Code, to require a holder of an
aquaculture license to maintain a record of the shipment of aquatic
species raised in an aquaculture facility as prescribed by Chapters 47 and
66, Parks and Wildlife Code, and rules adopted by the Parks and Wildlife
Department. 

SECTION 3. 

Amends Section 134.023(b), Agriculture Code, to provide that a person who
violates Section 134.020, rather than Section 134.019, commits an offense
that is a Class B misdemeanor. 

SECTIONS 3-10.

Redesignates SECTIONS 3-10 as SECTIONS 4-11.
   
SECTION 4.

Amends Section 134.031, Agriculture Code, to require certain items to be
in a memorandum of agreement. 

SECTION 7. 

Amends SECTION 7, to repeal Chapter 1D, Parks and Wildlife Code
(Aquaculture Executive Committee and Liaison Officer), effective September
1, 1998.  Abolishes the aquaculture executive committee September 1, 1998. 

SECTION 8.

Amends SECTION 8, to set forth requirements of the memorandum of agreement
relating to the seafood industry and aquaculture facility and changes the
due date of a report to August 31, 1999.