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