By:  Brown                                             S.B. No. 920

                                A BILL TO BE ENTITLED

                                       AN ACT

 1-1     relating to the regulation of certain commercial crab fishing.

 1-2           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-3           SECTION 1.  The heading of Chapter 78, Parks and Wildlife

 1-4     Code, is amended to read as follows:

 1-5                CHAPTER 78.  MUSSELS, [AND] CLAMS, AND CRABS

 1-6           SECTION 2.  Sections 78.001 through 78.007, Parks and

 1-7     Wildlife Code, are designated as Subchapter A, Chapter 78, Parks

 1-8     and Wildlife Code, and a heading for Subchapter A, Chapter 78,

 1-9     Parks and Wildlife Code, is added to read as follows:

1-10                      SUBCHAPTER A.  MUSSELS AND CLAMS

1-11           SECTION 3.  Chapter 78, Parks and Wildlife Code, is amended

1-12     by adding Subchapter B to read as follows:

1-13                   SUBCHAPTER B.  CRAB LICENSE MANAGEMENT

1-14           Sec. 78.101.  CRAB LICENSE MANAGEMENT PROGRAM.  To promote

1-15     efficiency and economic stability in the crabbing industry and to

1-16     conserve economically important crab resources, the department

1-17     shall implement a crab license management program in accordance

1-18     with proclamations adopted by the commission under Chapter 61 and

1-19     this subchapter.

1-20           Sec. 78.102.  DEFINITIONS.  In this subchapter:

1-21                 (1)  "Crab" means all species in the families

1-22     Portunidae and Xanthidae.

1-23                 (2)  "Commercial crab fishing" means pursuing, taking,

 2-1     attempting to take, or landing crabs in this state for pay or for

 2-2     the purpose of sale, barter, or exchange.

 2-3                 (3)  "License" means a commercial license issued in

 2-4     accordance with a proclamation under this subchapter that

 2-5     authorizes commercial crab fishing or the operation of a commercial

 2-6     crab boat.

 2-7           Sec. 78.103.  CRAB LICENSE MANAGEMENT REVIEW BOARD.  (a)  The

 2-8     license holders under this chapter shall elect a crab license

 2-9     management review board with an odd number of members greater than

2-10     four and fewer than 12.

2-11           (b)  A member of the review board must be a license holder

2-12     under this subchapter or a wholesale fish dealer as defined by

2-13     Section 47.001 with knowledge of the commercial crab fishing

2-14     industry.

2-15           (c)  A majority of the members of the review board may not be

2-16     residents of the same county.

2-17           (d)  The review board shall advise the commission and

2-18     department and make recommendations concerning the administrative

2-19     aspects of the crab licensing program, including the definition of

2-20     flagrant offenses, and hardship appeal cases concerning

2-21     eligibility, license transfer, license renewal, license suspension,

2-22     and license revocation.

2-23           (e)  The executive director shall adopt procedures for

2-24     determining the size and operations of the review board and the

2-25     election and terms of board members.  The executive director shall

 3-1     solicit and consider recommendations regarding these procedures

 3-2     from persons who purchased crab trap tags after September 1, 1995,

 3-3     and before August 31, 1996, or from holders of licenses issued

 3-4     under this subchapter.

 3-5           (f)  The review board is not subject to Article 6252-33,

 3-6     Revised Statutes.

 3-7           (g)  A member of the review board serves without compensation

 3-8     or a per diem allowance.

 3-9           Sec. 78.104.  LICENSING.  (a)  If the commission adopts one

3-10     or more licenses to be issued under this subchapter, a person may

3-11     not engage in commercial crab fishing without a license adopted by

3-12     the commission.  If the commission adopts a commercial crab boat

3-13     license to be issued under this subchapter, a person may not

3-14     operate a boat for the purpose of commercial crab fishing without

3-15     having a boat license as prescribed by the commission.

3-16           (b)  A proclamation under this section requiring a license

3-17     must contain findings by the commission that support the need for

3-18     the proclamation.  In determining the need for a license

3-19     requirement, the commission shall consider:

3-20                 (1)  measures to prevent waste or depletion of crabs

3-21     while achieving, on a continuing basis, the optimum yield for the

3-22     fishery;

3-23                 (2)  the best scientific information available;

3-24                 (3)  the effect a licensing program would have on the

3-25     management of crabs throughout the jurisdictional range;

 4-1                 (4)  the need to promote, where practicable, efficiency

 4-2     in using crabs; and

 4-3                 (5)  the need to enhance enforcement.

 4-4           (c)  A proclamation issued under this section may:

 4-5                 (1)  establish a license that is issued to a person, to

 4-6     a person and limited to a vessel, or to a person according to the

 4-7     equipment used in commercial crab fishing, including issuing tags

 4-8     for crab traps placed in public waters under Section 66.018;

 4-9                 (2)  establish eligibility requirements for a license,

4-10     including the use of historical participation in the industry or

4-11     participation in the industry after August 31, 1995, and before

4-12     November 14, 1996;

4-13                 (3)  establish requirements for license transfer;

4-14                 (4)  prohibit license transfer during certain time

4-15     periods; and

4-16                 (5)  establish a lottery or an auction for issuing

4-17     licenses.

4-18           Sec. 78.105.  LICENSE FEE.  The fee for a license is $500, or

4-19     an amount set by the commission, whichever amount is more.  All

4-20     fees generated by the issuance of a license under this subchapter

4-21     are to be sent to the comptroller for deposit to the credit of the

4-22     game, fish, and water safety account.

4-23           Sec. 78.106.  LICENSE RENEWAL.  A person seeking to renew a

4-24     license established by this subchapter must have held the license

4-25     during the preceding license year.

 5-1           Sec. 78.107.  LIMIT ON NUMBER OF LICENSES HELD.  (a)  A

 5-2     person may not hold or directly or indirectly control more than

 5-3     three licenses issued under this subchapter other than an equipment

 5-4     license.

 5-5           (b)  A license issued to a person other than an individual

 5-6     must designate an individual in whose name the license will be

 5-7     issued.

 5-8           Sec. 78.108.  EXPIRATION OF LICENSE.  A license required by

 5-9     this subchapter is valid only during the period for which it is

5-10     issued without regard to the date on which the license is acquired.

5-11     Each period is one year beginning on September 1 or another date

5-12     set by the commission.

5-13           Sec. 78.109.  LICENSE TRANSFER.  (a)  The commission by rule

5-14     may set a fee for the transfer of a license.  The amount of the fee

5-15     may not exceed the amount of the license fee.

5-16           (b)  The commission shall send all license transfer fees to

5-17     the comptroller for deposit to the credit of the game, fish, and

5-18     water safety account.

5-19           (c)  The commission by proclamation shall allow a license to

5-20     be transferred beginning not later than September 1, 2001.  The

5-21     commission shall annually review the decision regarding license

5-22     transfer.

5-23           (d)  Notwithstanding Subsection (c), a license may be

5-24     transferred at any time to an heir or devisee of a deceased license

5-25     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

 7-1     concerning establishment of the criteria.

 7-2           (c)  The commission must retire each license purchased under

 7-3     the license buyback program until the commission finds that

 7-4     management of the crab fishery allows reissue of those licenses

 7-5     through auction or lottery.

 7-6           (d)  The department shall set aside at least 20 percent of

 7-7     the fee from commercial crab licenses and transfer fees to be used

 7-8     only for the purpose of buying back commercial crab licenses from a

 7-9     willing license holder.  That money shall be sent to the

7-10     comptroller for deposit to the credit of  the game, fish, and water

7-11     safety account.

7-12           (e)  The department may accept grants and donations of money

7-13     or materials from private or public sources for the purpose of

7-14     buying back commercial crab licenses from a willing license holder

7-15     and shall send the accepted money or material to the comptroller

7-16     for deposit to the credit of the game, fish, and water safety

7-17     account to be used only for the purpose of buying back commercial

7-18     crab licenses from a willing license holder.

7-19           (f)  Money to be used for the purpose of buying back

7-20     commercial crab licenses is not subject to Section 403.095,

7-21     Government Code.

7-22           Sec. 78.112.  PROGRAM ADMINISTRATION; RULES.  (a)  The

7-23     executive director shall establish administrative procedures to

7-24     carry out the requirements of this subchapter.

7-25           (b)  The commission shall adopt any rules necessary for the

 8-1     administration of the program established under this subchapter.

 8-2           Sec. 78.113.  DISPOSITION OF FUNDS.  Money received for a

 8-3     license issued under this subchapter or fines for violations of

 8-4     this subchapter shall be remitted to the department by the 10th day

 8-5     of the month following the date of collection.

 8-6           Sec. 78.114.  PROCLAMATION; PROCEDURES.  Subchapter D,

 8-7     Chapter 61, and Sections 61.054 and 61.055 apply to the adoption of

 8-8     proclamations under this subchapter.

 8-9           SECTION 4.  Section 47.002, Parks and Wildlife Code, is

8-10     amended by adding Subsection (h) to read as follows:

8-11           (h)  A person who catches or assists in commercial crab

8-12     fishing under Subchapter B, Chapter 78, and who holds a license for

8-13     that activity is not required to obtain or possess a general

8-14     commercial fisherman's license or a commercial fishing boat

8-15     license.

8-16           SECTION 5.  Section 66.018, Parks and Wildlife Code, is

8-17     amended by amending Subsections (a), (c), and (d) and adding

8-18     Subsection (f) to read as follows:

8-19           (a)  The department may [shall] issue [numbered] tags for

8-20     crab traps placed in public water.

8-21           (c)  A crab trap tag issued under this section shall be

8-22     attached to each crab trap placed in public water.  The department

8-23     may [shall] collect a maximum fee of $1.50 for each tag issued

8-24     under this section; provided, however, that upon adoption of a crab

8-25     management plan and the establishment of a crab advisory committee,

 9-1     the commission may determine the amount of the fee.

 9-2           (d)  No person may place a crab trap in public water unless a

 9-3     crab trap tag is attached to the trap unless a proclamation under

 9-4     Subchapter B, Chapter 78, requires a license that does not require

 9-5     the use of crab trap tags.

 9-6           (f)  If the commission adopts a license under Subchapter B,

 9-7     Chapter 78, the department may not collect a fee for any crab trap

 9-8     tag.

 9-9           SECTION 6.  Notwithstanding Section 78.103, Parks and

9-10     Wildlife Code, as added by this Act, a person is eligible to vote

9-11     in the election of or serve on the initial crab license management

9-12     review board only if the person purchased crab trap tags after

9-13     September 1, 1995, and before August 31, 1996, except that

9-14     wholesale fish dealers with knowledge of the commercial crab

9-15     fishing industry may also serve on the board.  The initial board

9-16     shall consist of an odd number of members greater than four and

9-17     fewer than 12.  The election of the initial board shall be held

9-18     before November 1, 1997, or as soon as practicable after that date.

9-19           SECTION 7.  The Parks and Wildlife Department shall issue a

9-20     written report to the governor and the legislature not later than

9-21     January 1, 2001, that includes an overview of the administration

9-22     and status of the crab license management program, including the

9-23     biological, social, and economic effects of the program.

9-24           SECTION 8.  The importance of this legislation and the

9-25     crowded condition of the calendars in both houses create an

 10-1    emergency and an imperative public necessity that the

 10-2    constitutional rule requiring bills to be read on three several

 10-3    days in each house be suspended, and this rule is hereby suspended,

 10-4    and that this Act take effect and be in force from and after its

 10-5    passage, and it is so enacted.