By Brown S.B. No. 1303
76R6865 MI-F
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the authority of the Parks and Wildlife Department to
1-3 establish certain limited entry license management programs.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Sections 47.001(1) and (2), Parks and Wildlife
1-6 Code, are amended to read as follows:
1-7 (1) "Commercial fisherman" means a person who for pay
1-8 or for the purpose of sale, barter, or exchange or any other
1-9 commercial purpose:
1-10 (A) catches aquatic products from the water of
1-11 this state except finfish from the tidal waters of this state; or
1-12 (B) unloads in this state aquatic products that:
1-13 (i) were taken from water outside this
1-14 state; and
1-15 (ii) have not been previously unloaded in
1-16 another state or a foreign country.
1-17 (2) "Commercial finfish fisherman" means a person who
1-18 catches finfish from the tidal waters of this state for pay or for
1-19 the purpose of sale, barter, exchange, or any other commercial
1-20 purpose. The term does not include a person who:
1-21 (A) holds a bait dealer's license issued under
1-22 this chapter;
1-23 (B) is in a vessel licensed under this chapter
1-24 as a menhaden boat and who takes menhaden; or
2-1 (C) takes minnows for bait only.
2-2 SECTION 2. Section 47.002, Parks and Wildlife Code, is
2-3 amended by adding Subsection (i) to read as follows:
2-4 (i) A person who engages in commercial finfish fishing under
2-5 Subchapter D and who holds a commercial finfish fisherman's license
2-6 issued under Subchapter D and possesses that license on board is
2-7 not required to obtain or possess a general commercial fisherman's
2-8 license.
2-9 SECTION 3. Section 47.007, Parks and Wildlife Code, is
2-10 amended by adding Subsection (f) to read as follows:
2-11 (f) A person who engages in commercial finfish fishing under
2-12 Subchapter D and who holds a commercial finfish fisherman's license
2-13 issued under Subchapter D and possesses that license on board is
2-14 not required to obtain or possess a commercial fishing boat
2-15 license.
2-16 SECTION 4. Section 47.0091, Parks and Wildlife Code, is
2-17 amended to read as follows:
2-18 Sec. 47.0091. PURCHASE OF AQUATIC PRODUCTS BY WHOLESALE FISH
2-19 DEALERS. No wholesale fish dealer may purchase for resale or
2-20 receive for sale, barter, exchange, or any other commercial purpose
2-21 any aquatic product from any person or entity in this state unless
2-22 he purchases the product from the holder of:
2-23 (1) a general commercial fisherman's license;
2-24 (2) a commercial oyster fisherman's license;
2-25 (3) a commercial oyster boat license;
2-26 (4) a wholesale fish dealer's license;
2-27 (5) a fish farmer's license;
3-1 (6) a commercial shrimp boat license;
3-2 (7) a commercial oyster boat captain's license; [or]
3-3 (8) a commercial shrimp boat captain's license;
3-4 (9) a commercial crab fisherman's license; or
3-5 (10) a commercial finfish fisherman's license.
3-6 SECTION 5. Section 47.0111, Parks and Wildlife Code, is
3-7 amended to read as follows:
3-8 Sec. 47.0111. PURCHASE OF AQUATIC PRODUCTS BY RETAIL FISH
3-9 DEALERS. No retail fish dealer may purchase for resale or receive
3-10 for sale, barter, exchange, or any other commercial purposes any
3-11 aquatic products from any person or entity in this state unless he
3-12 purchases the product from the holder of:
3-13 (1) a wholesale fish dealer's license;
3-14 (2) a general commercial fisherman's license, a
3-15 commercial shrimp boat license, [or] a commercial shrimp boat
3-16 captain's license, a commercial crab fisherman's license, or a
3-17 commercial finfish fisherman's license when the retail fish dealer
3-18 has given written notification to the director or his designee of
3-19 the dealer's intent to purchase aquatic products from the holder of
3-20 a general commercial fisherman's license, a commercial shrimp boat
3-21 license, [or] a commercial shrimp boat captain's license, a
3-22 commercial crab fisherman's license, or a commercial finfish
3-23 fisherman's license; or
3-24 (3) a fish farmer's license.
3-25 SECTION 6. Section 47.012, Parks and Wildlife Code, is
3-26 amended to read as follows:
3-27 Sec. 47.012. PURCHASE OF AQUATIC PRODUCTS BY RESTAURANT
4-1 OWNER, OPERATOR, OR EMPLOYEE. No restaurant owner, operator, or
4-2 employee may purchase for consumption by the restaurant's patrons
4-3 on the restaurant's premises any aquatic product from any person or
4-4 entity in this state unless the person purchases the aquatic
4-5 product from the holder of:
4-6 (1) a wholesale fish dealer's license;
4-7 (2) a general commercial fisherman's license;
4-8 (3) a fish farmer's license;
4-9 (4) a commercial shrimp boat license; [or]
4-10 (5) a commercial shrimp boat captain's license;
4-11 (6) a commercial crab fisherman's license; or
4-12 (7) a commercial finfish fisherman's license.
4-13 SECTION 7. Chapter 47, Parks and Wildlife Code, is amended
4-14 by adding Subchapters D and E to read as follows:
4-15 SUBCHAPTER D. FINFISH LICENSE MANAGEMENT
4-16 Sec. 47.071. FINFISH LICENSE MANAGEMENT PROGRAM. To promote
4-17 efficiency and economic stability in the commercial finfish
4-18 industry and to conserve economically important finfish resources,
4-19 the department shall implement, not later than September 1, 2000, a
4-20 finfish license management program in accordance with proclamations
4-21 adopted by the commission under Chapter 61 and this subchapter.
4-22 Sec. 47.072. DEFINITION. In this subchapter, "license"
4-23 means a commercial license issued in accordance with a proclamation
4-24 under this subchapter that authorizes a person to engage in
4-25 business as a commercial finfish fisherman.
4-26 Sec. 47.073. FINFISH LICENSE MANAGEMENT REVIEW BOARD. (a)
4-27 The license holders under this subchapter shall elect a finfish
5-1 license management review board of nine members.
5-2 (b) A majority of the members of the review board may not be
5-3 residents of the same county.
5-4 (c) The review board shall advise the commission and
5-5 department and make recommendations concerning the administrative
5-6 aspects of the finfish licensing program, including hardship appeal
5-7 cases concerning eligibility, license transfer, license renewal,
5-8 license suspension, and license revocation.
5-9 (d) The executive director shall adopt procedures for the
5-10 operation of the review board and the election and terms of board
5-11 members. The executive director shall solicit and consider
5-12 recommendations regarding these procedures from persons who
5-13 purchased commercial finfish fisherman's licenses after September
5-14 1, 1997, and through December 17, 1998.
5-15 (e) A member of the review board must:
5-16 (1) qualify to obtain a commercial finfish fisherman's
5-17 license under this subchapter; or
5-18 (2) be a person who has knowledge of the commercial
5-19 finfish industry.
5-20 (f) The review board is not subject to Chapter 2110,
5-21 Government Code.
5-22 (g) A member of the review board serves without compensation
5-23 or a per diem allowance.
5-24 Sec. 47.074. LICENSING. (a) No person may engage in
5-25 business as a commercial finfish fisherman unless the person has
5-26 obtained a commercial finfish fisherman's license or a license
5-27 adopted by the commission under this subchapter.
6-1 (b) No person may engage in commercial finfish fishing
6-2 aboard a boat operating under a license issued by the commission
6-3 unless:
6-4 (1) the person possesses on board the boat:
6-5 (A) a commercial finfish fisherman's license
6-6 issued to the person; or
6-7 (B) a general commercial fisherman's license
6-8 issued to the person, a commercial finfish fisherman's license
6-9 issued to another person, and a copy of an affidavit that:
6-10 (i) authorizes the boat operator to use
6-11 commercial finfish fishing devices owned by the person to whom the
6-12 commercial finfish fisherman's license was issued; and
6-13 (ii) contains the date, the original
6-14 signature of the person to whom the commercial finfish fisherman's
6-15 license was issued, and the commercial finfish fisherman's license
6-16 number that matches the commercial finfish fisherman's license
6-17 plate number on the boat if the department requires a license
6-18 plate; or
6-19 (2) the person possesses on board a commercial finfish
6-20 fisherman's license or a general commercial fisherman's license,
6-21 and another person possesses on board the documentation described
6-22 by Subdivision (1).
6-23 (c) Beginning September 1, 2000, the department may issue a
6-24 commercial finfish fisherman's license only to a person who
6-25 documents in a manner acceptable to the department that the person
6-26 held a commercial finfish fisherman's license during the period
6-27 after September 1, 1997, through December 17, 1998.
7-1 (d) A proclamation issued under this section may:
7-2 (1) establish a license, other than a commercial
7-3 finfish fisherman's license, to be issued to a person, to a person
7-4 and limited to a vessel, or to a person according to the equipment
7-5 used in commercial finfish fishing;
7-6 (2) establish requirements for license transfer;
7-7 (3) prohibit license transfer during certain time
7-8 periods; and
7-9 (4) establish a lottery or auction for issuing
7-10 licenses.
7-11 (e) A proclamation under this section requiring a license
7-12 other than the commercial finfish fisherman's license must contain
7-13 findings by the commission that support the need for the
7-14 proclamation. Before implementing new license requirements, the
7-15 commission must adopt a finfish fishery management plan. In
7-16 determining the need for a license requirement, the commission
7-17 shall consider:
7-18 (1) measures to prevent waste or depletion of finfish
7-19 while achieving, on a continuing basis, the optimum yield for the
7-20 fishery;
7-21 (2) the best scientific information available;
7-22 (3) the effect a licensing program would have on the
7-23 management of finfish throughout the jurisdictional range;
7-24 (4) the effect a licensing program would have on the
7-25 fishery;
7-26 (5) the need to promote, where practicable, efficiency
7-27 in using finfish; and
8-1 (6) the need to enhance enforcement.
8-2 (f) The presiding officer of the commission shall appoint a
8-3 finfish advisory committee to advise the commission on the
8-4 preparation and implementation of a finfish fishery management
8-5 plan, if one is developed. The committee shall consist of persons
8-6 from the finfish industry and individuals and groups interested in
8-7 the coastal finfish resources of the state.
8-8 Sec. 47.075. LICENSE FEE. The fee for a commercial finfish
8-9 fisherman's license issued under this subchapter is $300 or an
8-10 amount set by the commission, whichever amount is more. The fee for
8-11 any other license issued by the commission under this subchapter is
8-12 an amount set by the commission for the license. All fees
8-13 generated by the issuance of a license under this subchapter are to
8-14 be sent to the comptroller for deposit to the credit of the game,
8-15 fish, and water safety account subject to Section 47.081(d).
8-16 Sec. 47.076. LICENSE RENEWAL. A person seeking to renew a
8-17 license established by this subchapter must have held the license
8-18 during the preceding license year.
8-19 Sec. 47.077. LIMIT ON NUMBER OF LICENSES HELD. (a) A
8-20 person may not hold or directly or indirectly control more than one
8-21 license issued under this subchapter.
8-22 (b) A license issued to a person other than an individual
8-23 must designate an individual in whose name the license is issued.
8-24 Sec. 47.078. EXPIRATION OF LICENSE. A license required by
8-25 this subchapter is valid only during the period for which it is
8-26 issued without regard to the date on which the license is acquired.
8-27 Each period is one year beginning on September 1 or another date
9-1 set by the commission.
9-2 Sec. 47.079. LICENSE TRANSFER. (a) The commission by rule
9-3 may set a fee for the transfer of a license. The amount of the
9-4 transfer fee may not exceed the amount of the license fee.
9-5 (b) The commission shall send all license transfer fees to
9-6 the comptroller for deposit to the credit of the game, fish, and
9-7 water safety account subject to Section 47.081(d).
9-8 (c) The commission by proclamation shall allow a license to
9-9 be transferred beginning not later than September 1, 2004. The
9-10 commission shall annually review the decision regarding license
9-11 transfer.
9-12 (d) Notwithstanding Subsection (c), a license may be
9-13 transferred at any time to an heir or devisee of a deceased license
9-14 holder but only if the heir or devisee is a person who in the
9-15 absence of a will would be entitled to all or a portion of the
9-16 deceased's property.
9-17 (e) Notwithstanding Subsection (c), a license may be
9-18 transferred at any time to a member of a license holder's immediate
9-19 family. The commission by vote shall define "immediate family" for
9-20 purposes of this subsection.
9-21 Sec. 47.080. LICENSE SUSPENSION AND REVOCATION. (a) The
9-22 executive director, after notice to a license holder and the
9-23 opportunity for a hearing, shall suspend a commercial finfish
9-24 fisherman's license or a license adopted by the commission under
9-25 this subchapter if the license holder or any other operator of the
9-26 licensed vessel is convicted of one or more flagrant offenses
9-27 totaling three flagrant offenses for the licensed vessel. The
10-1 suspension may be for:
10-2 (1) six months, if:
10-3 (A) the date of each offense is within a
10-4 24-consecutive-month period beginning not earlier than September 1,
10-5 2000; and
10-6 (B) the license holder has not previously had a
10-7 license suspended under this section;
10-8 (2) 12 months, if the date of each offense is within a
10-9 24-consecutive-month period and the license holder has previously
10-10 had a license suspended under this section; or
10-11 (3) six months if the license holder or any other
10-12 operator of the vessel is convicted of theft of fishing gear or
10-13 product associated with this subchapter.
10-14 (b) The executive director, after notice and the opportunity
10-15 for a hearing, may permanently revoke a license issued under this
10-16 subchapter if:
10-17 (1) the license holder has previously had a license
10-18 suspended twice under this section, and the license holder or any
10-19 other operator of the licensed vessel is convicted of three
10-20 flagrant offenses for the licensed vessel in a 24-consecutive-month
10-21 period; or
10-22 (2) the license holder or any other operator of the
10-23 vessel is convicted of theft of fishing gear or product associated
10-24 with this subchapter, and the license holder has had a license
10-25 suspended previously under this section.
10-26 (c) The same flagrant offense may not be counted for more
10-27 than one suspension under this section.
11-1 (d) For purposes of this section, a flagrant offense
11-2 includes:
11-3 (1) theft of trotlines or finfish, or any other
11-4 fishing gear or product associated with this subchapter;
11-5 (2) exceeding daily bag and possession limits, in
11-6 violation of this code or of a proclamation of the commission
11-7 issued under this code;
11-8 (3) exceeding line limits, in violation of this code
11-9 or of a proclamation of the commission issued under this code, by
11-10 five feet or more;
11-11 (4) selling crabs, in violation of this code;
11-12 (5) not removing fishing gear during closed periods as
11-13 required, in violation of this code or of a proclamation of the
11-14 commission issued under this code; or
11-15 (6) taking, attempting to take, or possessing fish
11-16 caught in public waters of this state by any device, means, or
11-17 method other than as authorized under this code or by a
11-18 proclamation of the commission issued under this code.
11-19 Sec. 47.081. LICENSE BUYBACK. (a) The department may
11-20 implement a license buyback program for licenses issued under this
11-21 subchapter as part of the finfish license management program
11-22 established by this subchapter.
11-23 (b) The commission by rule may establish criteria, using
11-24 reasonable classifications, by which the department selects
11-25 licenses to be purchased. The commission may delegate to the
11-26 executive director, for purposes of this section only, the
11-27 authority to develop the criteria through rulemaking procedures,
12-1 but the commission by order must finally adopt the rules
12-2 establishing the criteria. The commission or executive director
12-3 must consult with the finfish advisory committee concerning
12-4 establishment of the criteria.
12-5 (c) The commission must retire each license purchased under
12-6 the license buyback program until the commission finds that
12-7 management of the finfish fishery allows reissue of those licenses
12-8 through auction or lottery.
12-9 (d) The department shall set aside at least 20 percent of
12-10 the fees from licenses issued and license transfers approved under
12-11 this subchapter to be used only for the purpose of buying back
12-12 those licenses from a willing license holder. That money shall be
12-13 sent to the comptroller for deposit to the credit of the game,
12-14 fish, and water safety account.
12-15 (e) The department may solicit and accept grants and
12-16 donations of money or materials from private or public sources for
12-17 the purpose of buying back licenses issued under this subchapter
12-18 from a willing license holder.
12-19 (f) Money to be used for the purpose of buying back licenses
12-20 issued under this subchapter is not subject to Section 403.095,
12-21 Government Code.
12-22 Sec. 47.082. LINE LIMITS. (a) Not later than September 1,
12-23 2000, the commission by proclamation issued under this code shall
12-24 authorize the holder of a commercial finfish fisherman's license
12-25 to use up to 20 trotlines not more than 600 feet long, or another
12-26 number and length of line authorized by commission proclamation,
12-27 to take or attempt to take finfish.
13-1 (b) No holder of a commercial finfish fisherman's license
13-2 may possess on board more than the number of lines prescribed by
13-3 this code or by commission proclamation issued under this code.
13-4 Sec. 47.083. CRAB TRAPS. (a) Not later than September 1,
13-5 2000, the commission by proclamation issued under this code shall
13-6 authorize the holder of a commercial finfish fisherman's license to
13-7 use up to 20 crab traps, or a number of traps authorized by
13-8 commission proclamation, for use in commercial fishing for bait
13-9 purposes only.
13-10 (b) This section does not authorize the taking of any
13-11 product for pay or for the purpose of sale, barter, or exchange.
13-12 Sec. 47.084. PROGRAM ADMINISTRATION; RULES. (a) The
13-13 executive director shall establish administrative procedures to
13-14 carry out the requirements of this subchapter.
13-15 (b) The commission shall adopt any rules necessary for the
13-16 administration of the program established under this subchapter.
13-17 (c) The commission shall prescribe all gear marking
13-18 requirements for trotlines and crab traps under this subchapter in
13-19 accordance with Chapter 66.
13-20 Sec. 47.085. DISPOSITION OF FUNDS. Money received for a
13-21 license issued under this subchapter and fines for violations of
13-22 this subchapter shall be remitted to the department by the 10th day
13-23 of the month following the date of collection.
13-24 Sec. 47.086. PROCLAMATION; PROCEDURES. Subchapter D,
13-25 Chapter 61, and Sections 61.054 and 61.055 apply to the adoption of
13-26 proclamations under this subchapter.
13-27 (Sections 47.087-47.100 reserved for expansion
14-1 SUBCHAPTER E. SALTWATER FISHERIES LICENSE MANAGEMENT PROGRAMS
14-2 Sec. 47.101. SALTWATER FISHERIES LICENSE MANAGEMENT
14-3 PROGRAMS. (a) To promote efficiency and economic stability in the
14-4 saltwater commercial fisheries industries and to conserve
14-5 economically important saltwater fisheries, the department may
14-6 implement license management programs for individual saltwater
14-7 fisheries in accordance with proclamations adopted by the
14-8 commission under Chapter 61 and this subchapter.
14-9 (b) This subsection does not apply to a saltwater fishery
14-10 governed by Subchapter D or by Subchapter F, Chapter 77, or
14-11 Subchapter B, Chapter 78.
14-12 Sec. 47.102. DEFINITIONS. In this subchapter:
14-13 (1) "License" means a commercial license issued in
14-14 accordance with a proclamation under this subchapter that
14-15 authorizes a person to engage in business as a commercial
14-16 fisherman.
14-17 (2) "Saltwater fishery" means:
14-18 (A) one or more populations of marine fish that
14-19 may be treated as a unit for purposes of conservation and
14-20 management and that are identified according to geographical,
14-21 scientific, technical, social, and economic characteristics; or
14-22 (B) fishing for or taking the populations
14-23 described in Paragraph (A).
14-24 Sec. 47.103. SALTWATER FISHERIES LICENSE MANAGEMENT REVIEW
14-25 BOARD. (a) The license holders under this subchapter shall elect
14-26 a saltwater fisheries license management review board with an odd
14-27 number of members greater than four and fewer than 12.
15-1 (b) A majority of the members of the review board may not be
15-2 residents of the same county.
15-3 (c) The review board shall advise the commission and
15-4 department and make recommendations concerning the administrative
15-5 aspects of the saltwater fisheries licensing program, including
15-6 hardship appeal cases concerning eligibility, license transfer,
15-7 license renewal, license suspension, and license revocation.
15-8 (d) The executive director shall adopt procedures for
15-9 determining the size and operations of the review board and the
15-10 election and terms of board members.
15-11 (e) The review board is not subject to Chapter 2110,
15-12 Government Code.
15-13 (f) A member of the review board serves without compensation
15-14 or a per diem allowance.
15-15 Sec. 47.104. LICENSING. (a) If the commission adopts one
15-16 or more licenses to be issued under this subchapter, no person may
15-17 engage in business as a commercial fisherman for a particular
15-18 species for which a license is required unless the person has
15-19 obtained the license for that species.
15-20 (b) A proclamation issued under this section may:
15-21 (1) establish eligibility requirements for a
15-22 commercial fisherman's license or a license adopted by the
15-23 commission under this subchapter, including the use of historical
15-24 participation in the industry;
15-25 (2) establish a license to be issued to a person, to a
15-26 person and limited to a vessel, or to a person according to the
15-27 equipment used in commercial fishing;
16-1 (3) establish requirements for license transfer;
16-2 (4) prohibit license transfer during certain time
16-3 periods; and
16-4 (5) establish a lottery or auction for issuing
16-5 licenses.
16-6 (c) A proclamation under this section requiring a license
16-7 must contain findings by the commission that support the need for
16-8 the proclamation. Before implementing new license requirements,
16-9 the commission must adopt a fishery management plan for the species
16-10 affected. In determining the need for a license requirement, the
16-11 commission shall consider:
16-12 (1) measures to prevent waste or depletion of the
16-13 fishery while achieving, on a continuing basis, the optimum yield
16-14 for the fishery;
16-15 (2) the best scientific information available;
16-16 (3) the effect a licensing program would have on the
16-17 management of the species throughout the jurisdictional range;
16-18 (4) the effect a licensing program would have on the
16-19 fishery;
16-20 (5) the need to promote, where practicable, efficiency
16-21 in using the saltwater fisheries; and
16-22 (6) the need to enhance enforcement.
16-23 (d) The presiding officer of the commission shall appoint a
16-24 fishery advisory committee to advise the commission on the
16-25 preparation and implementation of the fishery management plan for
16-26 each plan that is developed. The committee shall consist of
16-27 persons from the affected industry and individuals and groups
17-1 interested in the saltwater fisheries of the state.
17-2 Sec. 47.105. LICENSE FEE. The fee for a license issued
17-3 under this subchapter is $300 or an amount set by the commission,
17-4 whichever amount is more. All fees generated by the issuance of a
17-5 license under this subchapter shall be sent to the comptroller for
17-6 deposit to the credit of the game, fish, and water safety account
17-7 subject to Section 47.111(d).
17-8 Sec. 47.106. LICENSE RENEWAL. A person seeking to renew a
17-9 license issued under this subchapter must have held the license
17-10 during the preceding license year.
17-11 Sec. 47.107. LIMIT ON NUMBER OF LICENSES HELD. (a) No
17-12 person may hold or directly or indirectly control more licenses
17-13 issued under this subchapter than the maximum number determined by
17-14 the commission.
17-15 (b) A license issued to a person other than an individual
17-16 must designate an individual in whose name the license is issued.
17-17 Sec. 47.108. EXPIRATION OF LICENSE. A license required by
17-18 this subchapter is valid only during the period for which it is
17-19 issued without regard to the date on which the license is acquired.
17-20 Each period is one year beginning on September 1 or another date
17-21 set by the commission.
17-22 Sec. 47.109. LICENSE TRANSFER. (a) The commission by rule
17-23 may set a fee for the transfer of a license. The amount of the
17-24 transfer fee may not exceed the amount of the license fee.
17-25 (b) The commission shall send all license transfer fees to
17-26 the comptroller for deposit to the credit of the game, fish, and
17-27 water safety account subject to Section 47.111(d).
18-1 (c) The commission by proclamation shall allow a license to
18-2 be transferred beginning not later than four years after the
18-3 license requirement is adopted. The commission shall annually
18-4 review the decision regarding license transfer.
18-5 (d) Notwithstanding Subsection (c), a license may be
18-6 transferred at any time to an heir or devisee of a deceased license
18-7 holder but only if the heir or devisee is a person who in the
18-8 absence of a will would be entitled to all or a portion of the
18-9 deceased's property.
18-10 Sec. 47.110. LICENSE REVOCATION. The executive director,
18-11 after notice to a license holder and the opportunity for a hearing,
18-12 shall revoke a license issued under this subchapter if the holder
18-13 within a two-year period violates more than once any law or
18-14 commission rule providing for the conservation and protection of
18-15 aquatic products and is finally convicted of the violations.
18-16 Sec. 47.111. LICENSE BUYBACK. (a) The department may
18-17 implement a license buyback program as part of any license
18-18 management program established by this subchapter.
18-19 (b) The commission by rule may establish criteria, using
18-20 reasonable classifications, by which the department selects
18-21 licenses to be purchased. The commission may delegate to the
18-22 executive director, for purposes of this section only, the
18-23 authority to develop the criteria through rulemaking procedures,
18-24 but the commission by order must finally adopt the rules
18-25 establishing the criteria. The commission or executive director
18-26 must consult with the appropriate fishery advisory committee
18-27 concerning establishment of the criteria.
19-1 (c) The commission must retire each license purchased under
19-2 the license buyback program until the commission finds that
19-3 management of the affected fishery allows reissue of those licenses
19-4 through auction or lottery.
19-5 (d) The department shall set aside at least 20 percent of
19-6 the fees from licenses issued and license transfers approved under
19-7 this subchapter to be used only for the purpose of buying back
19-8 those licenses from a willing license holder. That money shall be
19-9 sent to the comptroller for deposit to the credit of the game,
19-10 fish, and water safety account.
19-11 (e) The department may solicit and accept grants and
19-12 donations of money or materials from private or public sources for
19-13 the purpose of buying back licenses issued under this subchapter
19-14 from a willing license holder.
19-15 (f) Money to be used for the purpose of buying licenses
19-16 under this subchapter is not subject to Section 403.095, Government
19-17 Code.
19-18 Sec. 47.112. PROGRAM ADMINISTRATION; RULES. (a) The
19-19 executive director shall establish administrative procedures to
19-20 carry out the requirements of this subchapter.
19-21 (b) The commission shall adopt any rules necessary for the
19-22 administration of a program established under this subchapter.
19-23 Sec. 47.113. DISPOSITION OF FUNDS. Money received for a
19-24 license issued under this subchapter or fines for violations of
19-25 this subchapter shall be remitted to the department by the 10th day
19-26 of the month following the date of collection.
19-27 Sec. 47.114. PROCLAMATION; PROCEDURES. Subchapter D,
20-1 Chapter 61, and Sections 61.054 and 61.055 apply to the adoption of
20-2 a proclamation under this subchapter.
20-3 Sec. 47.115. PREVAILING AUTHORITY. A proclamation of the
20-4 commission under this subchapter does not prevail over a
20-5 conflicting provision of Subchapter D or of Chapter 77 or 78.
20-6 SECTION 8. Section 66.016, Parks and Wildlife Code, is
20-7 amended to read as follows:
20-8 Sec. 66.016. COMMERCIAL FISHING REGULATIONS APPLICABLE IF
20-9 COMMERCIAL PLATES ON BOARD. (a) A person on board a boat licensed
20-10 or required to be licensed for a commercial fishing activity under
20-11 Chapter 47, 76, [or] 77, or 78, or any other chapter of this code
20-12 may not catch and retain any fish species whose sale is prohibited
20-13 when taken from Texas waters. While commercial fishing plates are
20-14 on board, all commercial fishing regulations, size limits, bag
20-15 limits, possession limits, and the prohibited possession of
20-16 noncommercial fish species apply.
20-17 (b) Subsection (a) of this section does not apply to a
20-18 person on board a boat licensed under Chapter 47, 76, [or] 77, or
20-19 78 of this code if no commercial fishing plates are on board.
20-20 While no commercial fishing plates are on board, all recreational
20-21 fishing regulations, size limits, bag limits, and possession limits
20-22 apply.
20-23 SECTION 9. Effective September 1, 2000, Section 66.206,
20-24 Parks and Wildlife Code, is amended by adding Subsection (e) to
20-25 read as follows:
20-26 (e) This section does not apply to a person fishing
20-27 trotlines under a commercial finfish fisherman's license unless the
21-1 commission by rule so requires.
21-2 SECTION 10. On the effective date of a proclamation issued
21-3 by the Parks and Wildlife Commission under Subchapter D, Chapter
21-4 47, Parks and Wildlife Code, as added by this Act, establishing
21-5 requirements for a commercial finfish fisherman's license under
21-6 that subchapter, Section 47.003, Parks and Wildlife Code, is
21-7 repealed.
21-8 SECTION 11. The Parks and Wildlife Department shall issue a
21-9 written report to the governor and the legislature not later than
21-10 the beginning of the second regular legislative session to convene
21-11 following the implementation of a finfish license management
21-12 program under Subchapter D, Chapter 47, Parks and Wildlife Code, as
21-13 added by this Act, or the adoption by the Parks and Wildlife
21-14 Commission of a fishery management plan under Subchapter E, Chapter
21-15 47, Parks and Wildlife Code, as added by this Act. The report
21-16 shall include an overview of the administration and status of the
21-17 affected license management program, including the biological,
21-18 social, and economic effects of the program.
21-19 SECTION 12. This Act takes effect September 1, 1999.
21-20 SECTION 13. The importance of this legislation and the
21-21 crowded condition of the calendars in both houses create an
21-22 emergency and an imperative public necessity that the
21-23 constitutional rule requiring bills to be read on three several
21-24 days in each house be suspended, and this rule is hereby suspended.