R E S O L U T I O N
1-1 BE IT RESOLVED by the House of Representatives of the State
1-2 of Texas, 75th Legislature, Regular Session, 1997, That House Rule
1-3 13, Section 9(a), be suspended in part, as provided by House Rule
1-4 13, Section 9(f), to enable the conference committee appointed to
1-5 resolve the differences on House Bill No. 2542 to consider and take
1-6 action on the following specific matters:
1-7 (1) House Rule 13, Section 9(a)(4), is suspended to permit
1-8 the committee to add text incorporating new SECTIONS in the bill,
1-9 appropriately numbered, amending the Parks and Wildlife Code to
1-10 authorize the establishment of a crab license management program to
1-11 read as follows:
1-12 SECTION __. The heading of Chapter 78, Parks and Wildlife
1-13 Code, is amended to read as follows:
1-14 CHAPTER 78. MUSSELS, [AND] CLAMS, AND CRABS
1-15 SECTION __. Sections 78.001 through 78.007, Parks and
1-16 Wildlife Code, are designated as Subchapter A, Chapter 78, Parks
1-17 and Wildlife Code, and a heading for Subchapter A, Chapter 78,
1-18 Parks and Wildlife Code, is added to read as follows:
1-19 SUBCHAPTER A. MUSSELS AND CLAMS
1-20 SECTION __. Chapter 78, Parks and Wildlife Code, is amended
1-21 by adding Subchapter B to read as follows:
1-22 SUBCHAPTER B. CRAB LICENSE MANAGEMENT
1-23 Sec. 78.101. CRAB LICENSE MANAGEMENT PROGRAM. To promote
1-24 efficiency and economic stability in the crabbing industry and to
2-1 conserve economically important crab resources, the department
2-2 shall implement a crab license management program in accordance
2-3 with proclamations adopted by the commission under Chapter 61 and
2-4 this subchapter.
2-5 Sec. 78.102. DEFINITIONS. In this subchapter:
2-6 (1) "Crab" means all species in the families
2-7 Portunidae and Xanthidae.
2-8 (2) "Commercial crab fishing" means pursuing, taking,
2-9 attempting to take, or landing crabs in this state for pay or for
2-10 the purpose of sale, barter, or exchange.
2-11 (3) "License" means a commercial license issued in
2-12 accordance with a proclamation under this subchapter that
2-13 authorizes commercial crab fishing or the operation of a commercial
2-14 crab boat.
2-15 Sec. 78.103. CRAB LICENSE MANAGEMENT REVIEW BOARD. (a) The
2-16 license holders under this chapter shall elect a crab license
2-17 management review board with an odd number of members greater than
2-18 four and fewer than 12.
2-19 (b) A member of the review board must be a license holder
2-20 under this subchapter or a wholesale fish dealer as defined by
2-21 Section 47.001 with knowledge of the commercial crab fishing
2-22 industry.
2-23 (c) A majority of the members of the review board may not be
2-24 residents of the same county.
2-25 (d) The review board shall advise the commission and
2-26 department and make recommendations concerning the administrative
2-27 aspects of the crab licensing program, including the definition of
3-1 flagrant offenses, and hardship appeal cases concerning
3-2 eligibility, license transfer, license renewal, license suspension,
3-3 and license revocation.
3-4 (e) The executive director shall adopt procedures for
3-5 determining the size and operations of the review board and the
3-6 election and terms of board members. The executive director shall
3-7 solicit and consider recommendations regarding these procedures
3-8 from persons who purchased crab trap tags after September 1, 1995,
3-9 and before August 31, 1996, or from holders of licenses issued
3-10 under this subchapter.
3-11 (f) The review board is not subject to Article 6252-33,
3-12 Revised Statutes.
3-13 (g) A member of the review board serves without compensation
3-14 or a per diem allowance.
3-15 Sec. 78.104. LICENSING. (a) If the commission adopts one
3-16 or more licenses to be issued under this subchapter, a person may
3-17 not engage in commercial crab fishing without a license adopted by
3-18 the commission. If the commission adopts a commercial crab boat
3-19 license to be issued under this subchapter, a person may not
3-20 operate a boat for the purpose of commercial crab fishing without
3-21 having a boat license as prescribed by the commission.
3-22 (b) A proclamation under this section requiring a license
3-23 must contain findings by the commission that support the need for
3-24 the proclamation. In determining the need for a license
3-25 requirement, the commission shall consider:
3-26 (1) measures to prevent waste or depletion of crabs
3-27 while achieving, on a continuing basis, the optimum yield for the
4-1 fishery;
4-2 (2) the best scientific information available;
4-3 (3) the effect a licensing program would have on the
4-4 management of crabs throughout the jurisdictional range;
4-5 (4) the need to promote, where practicable, efficiency
4-6 in using crabs; and
4-7 (5) the need to enhance enforcement.
4-8 (c) A proclamation issued under this section may:
4-9 (1) establish a license that is issued to a person, to
4-10 a person and limited to a vessel, or to a person according to the
4-11 equipment used in commercial crab fishing, including issuing tags
4-12 for crab traps placed in public waters under Section 66.018;
4-13 (2) establish eligibility requirements for a license,
4-14 including the use of historical participation in the industry or
4-15 participation in the industry after August 31, 1995, and before
4-16 November 14, 1996;
4-17 (3) establish requirements for license transfer;
4-18 (4) prohibit license transfer during certain time
4-19 periods; and
4-20 (5) establish a lottery or an auction for issuing
4-21 licenses.
4-22 Sec. 78.105. LICENSE FEE. The fee for a license is $500, or
4-23 an amount set by the commission, whichever amount is more. All
4-24 fees generated by the issuance of a license under this subchapter
4-25 are to be sent to the comptroller for deposit to the credit of the
4-26 game, fish, and water safety account.
4-27 Sec. 78.106. LICENSE RENEWAL. A person seeking to renew a
5-1 license established by this subchapter must have held the license
5-2 during the preceding license year.
5-3 Sec. 78.107. LIMIT ON NUMBER OF LICENSES HELD. (a) A
5-4 person may not hold or directly or indirectly control more than
5-5 three licenses issued under this subchapter other than an equipment
5-6 license.
5-7 (b) A license issued to a person other than an individual
5-8 must designate an individual in whose name the license will be
5-9 issued.
5-10 Sec. 78.108. EXPIRATION OF LICENSE. A license required by
5-11 this subchapter is valid only during the period for which it is
5-12 issued without regard to the date on which the license is acquired.
5-13 Each period is one year beginning on September 1 or another date
5-14 set by the commission.
5-15 Sec. 78.109. LICENSE TRANSFER. (a) The commission by rule
5-16 may set a fee for the transfer of a license. The amount of the
5-17 fee may not exceed the amount of the license fee.
5-18 (b) The commission shall send all license transfer fees to
5-19 the comptroller for deposit to the credit of the game, fish, and
5-20 water safety account.
5-21 (c) The commission by proclamation shall allow a license to
5-22 be transferred beginning not later than September 1, 2001. The
5-23 commission shall annually review the decision regarding license
5-24 transfer.
5-25 (d) Notwithstanding Subsection (c), a license may be
5-26 transferred at any time to an heir or devisee of a deceased license
5-27 holder, but only if the heir or devisee is a person who in the
6-1 absence of a will would be entitled to all or a portion of the
6-2 deceased's property.
6-3 Sec. 78.110. LICENSE SUSPENSION AND REVOCATION. (a) The
6-4 executive director, after notice to a license holder and the
6-5 opportunity for a hearing, may suspend or revoke a license if the
6-6 license holder or any other operator of a licensed vessel is shown
6-7 to have been convicted of one or more flagrant offenses defined by
6-8 a proclamation of the commission during a period described by the
6-9 proclamation of the commission.
6-10 (b) A license suspension does not affect the license
6-11 holder's eligibility to renew the license after the suspension
6-12 expires.
6-13 (c) The same flagrant offense may not be counted for more
6-14 than one suspension under this section.
6-15 Sec. 78.111. LICENSE BUYBACK. (a) The department may
6-16 implement a license buyback program as part of the crab license
6-17 management program established by this subchapter.
6-18 (b) The commission by rule may establish criteria, using
6-19 reasonable classifications, by which the department selects
6-20 licenses to be purchased. The commission may delegate to the
6-21 executive director, for purposes of this section only, the
6-22 authority to develop the criteria through rulemaking procedures,
6-23 but the commission by order must finally adopt the rules
6-24 establishing the criteria. The commission or executive director
6-25 must consult with the crab license management review board
6-26 concerning establishment of the criteria.
6-27 (c) The commission must retire each license purchased under
7-1 the license buyback program until the commission finds that
7-2 management of the crab fishery allows reissue of those licenses
7-3 through auction or lottery.
7-4 (d) The department shall set aside at least 20 percent of
7-5 the fee from commercial crab licenses and transfer fees to be used
7-6 only for the purpose of buying back commercial crab licenses from a
7-7 willing license holder. That money shall be sent to the
7-8 comptroller for deposit to the credit of the game, fish, and water
7-9 safety account.
7-10 (e) The department may accept grants and donations of money
7-11 or materials from private or public sources for the purpose of
7-12 buying back commercial crab licenses from a willing license holder
7-13 and shall send the accepted money or material to the comptroller
7-14 for deposit to the credit of the game, fish, and water safety
7-15 account to be used only for the purpose of buying back commercial
7-16 crab licenses from a willing license holder.
7-17 (f) Money to be used for the purpose of buying back
7-18 commercial crab licenses is not subject to Section 403.095,
7-19 Government Code.
7-20 Sec. 78.112. PROGRAM ADMINISTRATION; RULES. (a) The
7-21 executive director shall establish administrative procedures to
7-22 carry out the requirements of this subchapter.
7-23 (b) The commission shall adopt any rules necessary for the
7-24 administration of the program established under this subchapter.
7-25 Sec. 78.113. DISPOSITION OF FUNDS. Money received for a
7-26 license issued under this subchapter or fines for violations of
7-27 this subchapter shall be remitted to the department by the 10th
8-1 day of the month following the date of collection.
8-2 Sec. 78.114. PROCLAMATION; PROCEDURES. Subchapter D,
8-3 Chapter 61, and Sections 61.054 and 61.055 apply to the adoption of
8-4 proclamations under this subchapter.
8-5 SECTION __. Section 47.002, Parks and Wildlife Code, is
8-6 amended by adding Subsection (h) to read as follows:
8-7 (h) A person who engages in or assists in commercial crab
8-8 fishing under Subchapter B, Chapter 78, and who holds a license for
8-9 that activity is not required to obtain or possess a general
8-10 commercial fisherman's license or a commercial fishing boat
8-11 license.
8-12 SECTION __. Section 66.018, Parks and Wildlife Code, is
8-13 amended by amending Subsections (a), (c), and (d) and adding
8-14 Subsection (f) to read as follows:
8-15 (a) The department may [shall] issue [numbered] tags for
8-16 crab traps placed in public water.
8-17 (c) A crab trap tag issued under this section shall be
8-18 attached to each crab trap placed in public water. The department
8-19 may [shall] collect a maximum fee of $1.50 for each tag issued
8-20 under this section; provided, however, that upon adoption of a
8-21 crab management plan and the establishment of a crab advisory
8-22 committee, the commission may determine the amount of the fee.
8-23 (d) No person may place a crab trap in public water unless a
8-24 crab trap tag is attached to the trap unless a proclamation under
8-25 Subchapter B, Chapter 78, requires a license that does not require
8-26 the use of crab trap tags.
8-27 (f) If the commission adopts a license under Subchapter B,
9-1 Chapter 78, the department may not collect a fee for any crab trap
9-2 tag.
9-3 Explanation: This change is necessary to authorize the Texas
9-4 Parks and Wildlife Commission to establish a crab license
9-5 management program.
9-6 (2) House Rule 13, Section 9(a)(4), is suspended to permit
9-7 the committee to add text incorporating new SECTIONS of the bill,
9-8 appropriately numbered, adding transitional material to the bill
9-9 relating to the amendments to the Parks and Wildlife Code
9-10 establishing a crab license management program to read as follows:
9-11 SECTION __. Notwithstanding Section 78.103, Parks and
9-12 Wildlife Code, as added by this Act, a person is eligible to vote
9-13 in the election of or serve on the initial crab license management
9-14 review board only if the person purchased crab trap tags after
9-15 September 1, 1995, and before August 31, 1996, except that
9-16 wholesale fish dealers with knowledge of the commercial crab
9-17 fishing industry may also serve on the board. The initial board
9-18 shall consist of an odd number of members greater than four and
9-19 fewer than 12. The election of the initial board shall be held
9-20 before November 1, 1997, or as soon as practicable after that date.
9-21 SECTION __. The Parks and Wildlife Department shall issue a
9-22 written report to the governor and the legislature not later than
9-23 January 1, 2001, that includes an overview of the administration
9-24 and status of the crab license management program, including the
9-25 biological, social, and economic effects of the program.
9-26 Explanation: This change is necessary to establish
9-27 eligibility criteria and election procedures for the initial crab
10-1 license management review board and to require the Parks and
10-2 Wildlife Department to report on the status of the crab license
10-3 management program.
10-4 (3) House Rule 13, Section 9(a)(4), is suspended to permit
10-5 the committee to add an appropriately numbered SECTION to the bill
10-6 requiring the Parks and Wildlife Department to respond to certain
10-7 reports and to read as follows:
10-8 SECTION __. (a) Not later than October 1, 1997, the Parks
10-9 and Wildlife Department shall submit to the legislature a report
10-10 describing the actions the department has taken, and the actions
10-11 the department plans to take during the 1998-1999 biennium, to
10-12 address deficiencies in maintenance, operational support, and
10-13 promotion of historic structures, sites, and parks under the
10-14 department's jurisdiction. The report shall respond in detail to
10-15 the findings and recommendations included in the study of state
10-16 historic sites conducted for the department and the Texas
10-17 Historical Commission by KPMG Peat Marwick, L.L.P., and submitted
10-18 to those agencies in January 1997.
10-19 (b) Copies of the department's report shall be delivered to
10-20 the lieutenant governor, the speaker of the house of
10-21 representatives, and the presiding officers of the senate and house
10-22 standing committees having jurisdiction over matters relating to
10-23 preservation of state historic structures, sites, and parks.
10-24 Explanation: This change is necessary to require the Parks
10-25 and Wildlife Department to respond to a report regarding the
10-26 administration of historic sites.
Kuempel
_______________________________
Speaker of the House
I certify that H.R. No. 1169 was adopted by the House on May
28, 1997, by a non-record vote.
_______________________________
Chief Clerk of the House