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.