By: Brown S.R. No. 906
SENATE RESOLUTION
1-1 BE IT RESOLVED by the Senate of the State of Texas, 75th
1-2 Legislature, Regular Session, 1997, That Senate Rule 12.03 be
1-3 suspended in part as provided by Senate Rule 12.08 to enable the
1-4 conference committee appointed to resolve the differences on House
1-5 Bill No. 2542 to consider and take action on the following specific
1-6 matters:
1-7 (1) Senate Rule 12.03(4) is suspended to permit the
1-8 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
1-21 amended 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
2-1 efficiency and economic stability in the crabbing industry and to
2-2 conserve economically important crab resources, the department
2-3 shall implement a crab license management program in accordance
2-4 with proclamations adopted by the commission under Chapter 61 and
2-5 this subchapter.
2-6 Sec. 78.102. DEFINITIONS. In this subchapter:
2-7 (1) "Crab" means all species in the families
2-8 Portunidae and Xanthidae.
2-9 (2) "Commercial crab fishing" means pursuing, taking,
2-10 attempting to take, or landing crabs in this state for pay or for
2-11 the purpose of sale, barter, or exchange.
2-12 (3) "License" means a commercial license issued in
2-13 accordance with a proclamation under this subchapter that
2-14 authorizes commercial crab fishing or the operation of a commercial
2-15 crab boat.
2-16 Sec. 78.103. CRAB LICENSE MANAGEMENT REVIEW BOARD. (a) The
2-17 license holders under this chapter shall elect a crab license
2-18 management review board with an odd number of members greater than
2-19 four and fewer than 12.
2-20 (b) A member of the review board must be a license holder
2-21 under this subchapter or a wholesale fish dealer as defined by
2-22 Section 47.001 with knowledge of the commercial crab fishing
2-23 industry.
2-24 (c) A majority of the members of the review board may not be
2-25 residents of the same county.
3-1 (d) The review board shall advise the commission and
3-2 department and make recommendations concerning the administrative
3-3 aspects of the crab licensing program, including the definition of
3-4 flagrant offenses, and hardship appeal cases concerning
3-5 eligibility, license transfer, license renewal, license suspension,
3-6 and license revocation.
3-7 (e) The executive director shall adopt procedures for
3-8 determining the size and operations of the review board and the
3-9 election and terms of board members. The executive director shall
3-10 solicit and consider recommendations regarding these procedures
3-11 from persons who purchased crab trap tags after September 1, 1995,
3-12 and before August 31, 1996, or from holders of licenses issued
3-13 under this subchapter.
3-14 (f) The review board is not subject to Article 6252-33,
3-15 Revised Statutes.
3-16 (g) A member of the review board serves without compensation
3-17 or a per diem allowance.
3-18 Sec. 78.104. LICENSING. (a) If the commission adopts one
3-19 or more licenses to be issued under this subchapter, a person may
3-20 not engage in commercial crab fishing without a license adopted by
3-21 the commission. If the commission adopts a commercial crab boat
3-22 license to be issued under this subchapter, a person may not
3-23 operate a boat for the purpose of commercial crab fishing without
3-24 having a boat license as prescribed by the commission.
3-25 (b) A proclamation under this section requiring a license
4-1 must contain findings by the commission that support the need for
4-2 the proclamation. In determining the need for a license
4-3 requirement, the commission shall consider:
4-4 (1) measures to prevent waste or depletion of crabs
4-5 while achieving, on a continuing basis, the optimum yield for the
4-6 fishery;
4-7 (2) the best scientific information available;
4-8 (3) the effect a licensing program would have on the
4-9 management of crabs throughout the jurisdictional range;
4-10 (4) the need to promote, where practicable, efficiency
4-11 in using crabs; and
4-12 (5) the need to enhance enforcement.
4-13 (c) A proclamation issued under this section may:
4-14 (1) establish a license that is issued to a person, to
4-15 a person and limited to a vessel, or to a person according to the
4-16 equipment used in commercial crab fishing, including issuing tags
4-17 for crab traps placed in public waters under Section 66.018;
4-18 (2) establish eligibility requirements for a license,
4-19 including the use of historical participation in the industry or
4-20 participation in the industry after August 31, 1995, and before
4-21 November 14, 1996;
4-22 (3) establish requirements for license transfer;
4-23 (4) prohibit license transfer during certain time
4-24 periods; and
4-25 (5) establish a lottery or an auction for issuing
5-1 licenses.
5-2 Sec. 78.105. LICENSE FEE. The fee for a license is $500, or
5-3 an amount set by the commission, whichever amount is more. All
5-4 fees generated by the issuance of a license under this subchapter
5-5 are to be sent to the comptroller for deposit to the credit of the
5-6 game, fish, and water safety account.
5-7 Sec. 78.106. LICENSE RENEWAL. A person seeking to renew a
5-8 license established by this subchapter must have held the license
5-9 during the preceding license year.
5-10 Sec. 78.107. LIMIT ON NUMBER OF LICENSES HELD. (a) A
5-11 person may not hold or directly or indirectly control more than
5-12 three licenses issued under this subchapter other than an equipment
5-13 license.
5-14 (b) A license issued to a person other than an individual
5-15 must designate an individual in whose name the license will be
5-16 issued.
5-17 Sec. 78.108. EXPIRATION OF LICENSE. A license required by
5-18 this subchapter is valid only during the period for which it is
5-19 issued without regard to the date on which the license is acquired.
5-20 Each period is one year beginning on September 1 or another date
5-21 set by the commission.
5-22 Sec. 78.109. LICENSE TRANSFER. (a) The commission by rule
5-23 may set a fee for the transfer of a license. The amount of the fee
5-24 may not exceed the amount of the license fee.
5-25 (b) The commission shall send all license transfer fees to
6-1 the comptroller for deposit to the credit of the game, fish, and
6-2 water safety account.
6-3 (c) The commission by proclamation shall allow a license to
6-4 be transferred beginning not later than September 1, 2001. The
6-5 commission shall annually review the decision regarding license
6-6 transfer.
6-7 (d) Notwithstanding Subsection (c), a license may be
6-8 transferred at any time to an heir or devisee of a deceased license
6-9 holder, but only if the heir or devisee is a person who in the
6-10 absence of a will would be entitled to all or a portion of the
6-11 deceased's property.
6-12 Sec. 78.110. LICENSE SUSPENSION AND REVOCATION. (a) The
6-13 executive director, after notice to a license holder and the
6-14 opportunity for a hearing, may suspend or revoke a license if the
6-15 license holder or any other operator of a licensed vessel is shown
6-16 to have been convicted of one or more flagrant offenses defined by
6-17 a proclamation of the commission during a period described by the
6-18 proclamation of the commission.
6-19 (b) A license suspension does not affect the license
6-20 holder's eligibility to renew the license after the suspension
6-21 expires.
6-22 (c) The same flagrant offense may not be counted for more
6-23 than one suspension under this section.
6-24 Sec. 78.111. LICENSE BUYBACK. (a) The department may
6-25 implement a license buyback program as part of the crab license
7-1 management program established by this subchapter.
7-2 (b) The commission by rule may establish criteria, using
7-3 reasonable classifications, by which the department selects
7-4 licenses to be purchased. The commission may delegate to the
7-5 executive director, for purposes of this section only, the
7-6 authority to develop the criteria through rulemaking procedures,
7-7 but the commission by order must finally adopt the rules
7-8 establishing the criteria. The commission or executive director
7-9 must consult with the crab license management review board
7-10 concerning establishment of the criteria.
7-11 (c) The commission must retire each license purchased under
7-12 the license buyback program until the commission finds that
7-13 management of the crab fishery allows reissue of those licenses
7-14 through auction or lottery.
7-15 (d) The department shall set aside at least 20 percent of
7-16 the fee from commercial crab licenses and transfer fees to be used
7-17 only for the purpose of buying back commercial crab licenses from a
7-18 willing license holder. That money shall be sent to the
7-19 comptroller for deposit to the credit of the game, fish, and water
7-20 safety account.
7-21 (e) The department may accept grants and donations of money
7-22 or materials from private or public sources for the purpose of
7-23 buying back commercial crab licenses from a willing license holder
7-24 and shall send the accepted money or material to the comptroller
7-25 for deposit to the credit of the game, fish, and water safety
8-1 account to be used only for the purpose of buying back commercial
8-2 crab licenses from a willing license holder.
8-3 (f) Money to be used for the purpose of buying back
8-4 commercial crab licenses is not subject to Section 403.095,
8-5 Government Code.
8-6 Sec. 78.112. PROGRAM ADMINISTRATION; RULES. (a) The
8-7 executive director shall establish administrative procedures to
8-8 carry out the requirements of this subchapter.
8-9 (b) The commission shall adopt any rules necessary for the
8-10 administration of the program established under this subchapter.
8-11 Sec. 78.113. DISPOSITION OF FUNDS. Money received for a
8-12 license issued under this subchapter or fines for violations of
8-13 this subchapter shall be remitted to the department by the 10th day
8-14 of the month following the date of collection.
8-15 Sec. 78.114. PROCLAMATION; PROCEDURES. Subchapter D,
8-16 Chapter 61, and Sections 61.054 and 61.055 apply to the adoption of
8-17 proclamations under this subchapter.
8-18 SECTION ____. Section 47.002, Parks and Wildlife Code, is
8-19 amended by adding Subsection (h) to read as follows:
8-20 (h) A person who engages in or assists in commercial crab
8-21 fishing under Subchapter B, Chapter 78, and who holds a license for
8-22 that activity is not required to obtain or possess a general
8-23 commercial fisherman's license or a commercial fishing boat
8-24 license.
8-25 SECTION ____. Section 66.018, Parks and Wildlife Code, is
9-1 amended by amending Subsections (a), (c), and (d) and adding
9-2 Subsection (f) to read as follows:
9-3 (a) The department may [shall] issue [numbered] tags for
9-4 crab traps placed in public water.
9-5 (c) A crab trap tag issued under this section shall be
9-6 attached to each crab trap placed in public water. The department
9-7 may [shall] collect a maximum fee of $1.50 for each tag issued
9-8 under this section; provided, however, that upon adoption of a crab
9-9 management plan and the establishment of a crab advisory committee,
9-10 the commission may determine the amount of the fee.
9-11 (d) No person may place a crab trap in public water unless a
9-12 crab trap tag is attached to the trap unless a proclamation under
9-13 Subchapter B, Chapter 78, requires a license that does not require
9-14 the use of crab trap tags.
9-15 (f) If the commission adopts a license under Subchapter B,
9-16 Chapter 78, the department may not collect a fee for any crab trap
9-17 tag.
9-18 Explanation: This change is necessary to authorize the Texas
9-19 Parks and Wildlife Commission to establish a crab license
9-20 management program.
9-21 (2) Senate Rule 12.03(4) is suspended to permit the
9-22 committee to add text incorporating new SECTIONS of the bill,
9-23 appropriately numbered, adding transitional material to the bill
9-24 relating to the amendments to the Parks and Wildlife Code
9-25 establishing a crab license management program to read as follows:
10-1 SECTION ____. Notwithstanding Section 78.103, Parks and
10-2 Wildlife Code, as added by this Act, a person is eligible to vote
10-3 in the election of or serve on the initial crab license management
10-4 review board only if the person purchased crab trap tags after
10-5 September 1, 1995, and before August 31, 1996, except that
10-6 wholesale fish dealers with knowledge of the commercial crab
10-7 fishing industry may also serve on the board. The initial board
10-8 shall consist of an odd number of members greater than four and
10-9 fewer than 12. The election of the initial board shall be held
10-10 before November 1, 1997, or as soon as practicable after that date.
10-11 SECTION ____. The Parks and Wildlife Department shall issue
10-12 a written report to the governor and the legislature not later than
10-13 January 1, 2001, that includes an overview of the administration
10-14 and status of the crab license management program, including the
10-15 biological, social, and economic effects of the program.
10-16 Explanation: This change is necessary to establish
10-17 eligibility criteria and election procedures for the initial crab
10-18 license management review board and to require the Parks and
10-19 Wildlife Department to report on the status of the crab license
10-20 management program.
10-21 (3) Senate Rule 12.03(4) is suspended to permit the
10-22 committee to add an appropriately numbered SECTION to the bill
10-23 requiring the Parks and Wildlife Department to respond to certain
10-24 reports and to read as follows:
10-25 SECTION ____. (a) Not later than October 1, 1997, the Parks
11-1 and Wildlife Department shall submit to the legislature a report
11-2 describing the actions the department has taken, and the actions
11-3 the department plans to take during the 1998-1999 biennium, to
11-4 address deficiencies in maintenance, operational support, and
11-5 promotion of historic structures, sites, and parks under the
11-6 department's jurisdiction. The report shall respond in detail to
11-7 the findings and recommendations included in the study of state
11-8 historic sites conducted for the department and the Texas
11-9 Historical Commission by KPMG Peat Marwick, L.L.P., and submitted
11-10 to those agencies in January 1997.
11-11 (b) Copies of the department's report shall be delivered to
11-12 the lieutenant governor, the speaker of the house of
11-13 representatives, and the presiding officers of the senate and house
11-14 standing committees having jurisdiction over matters relating to
11-15 preservation of state historic structures, sites, and parks.
11-16 Explanation: This change is necessary to require the Parks
11-17 and Wildlife Department to respond to a report regarding the
11-18 administration of historic sites.
11-19 ______________________________________
11-20 President of the Senate
11-21 I hereby certify that the above
11-22 Resolution was adopted by the Senate
11-23 on May 28, 1997, by the following vote:
11-24 Yeas 29, Nays 0.
11-25 ______________________________________
11-26 Secretary of the Senate