Amend HB 2785 (Committee Printing) by adding the following
appropriately numbered section to the bill and renumbering the
subsequent sections of the bill accordingly:
SECTION _____. Section 436.011, Health and Safety Code, is
amended to read as follows:
Sec. 436.011. PROHIBITED ACTS. The following acts and the
causing of the following acts within this state are unlawful and
prohibited:
(1) taking, selling, offering for sale, or holding for
sale molluscan shellfish from a closed area;
(2) taking, selling, offering for sale, or holding for
sale molluscan shellfish from a restricted or conditionally
restricted area without complying with a rule adopted by the board
to ensure that the molluscan shellfish have been purified, unless:
(A) permission is first obtained from the Parks
and Wildlife Department and the transplanting is supervised by that
department; and
(B) the Parks and Wildlife Department furnishes a
copy of the transplant permit to the director before transplanting
activities begin;
(3) possessing a species of aquatic life taken from a
prohibited area while the area was prohibited for that species;
(4) operating as a molluscan shellfish processor
without a shellfish certificate for each plant or place of
business;
(5) operating as a crabmeat processor without a
crabmeat processing license for each plant;
(6) selling, offering for sale, or holding for sale
molluscan shellfish or crabmeat that has not been picked, handled,
packaged, or pasteurized in accordance with the rules adopted by
the board;
(7) selling, offering for sale, or holding for sale
molluscan shellfish or crabmeat from facilities for the handling
and packaging of molluscan shellfish or crabmeat that do not comply
with the rules adopted by the board;
(8) selling, offering for sale, or holding for sale
molluscan shellfish or crabmeat that is not labeled in accordance
with the rules adopted by the board;
(9) selling, offering for sale, or holding for sale
molluscan shellfish that is not in a container bearing a valid
certificate number from a state or nation whose molluscan shellfish
certification program conforms to the current Manual of Operations
for Sanitary Control of the Shellfish Industry issued by the Food
and Drug Administration or its successor, except selling molluscan
shellfish removed from a container bearing a valid certificate
number for on-premises consumption; in the event the Texas
Molluscan Shellfish Program is found to be out of conformity with
the current Manual of Operations, selling, offering for sale, or
holding for sale molluscan shellfish in a container bearing a valid
Texas certificate number shall not be considered a violation of
this chapter provided all other requirements of this chapter are
complied with and the shellfish have come from an approved source;
(10) processing, transporting, storing for sale,
possessing with intent to sell, offering for sale, or selling
molluscan shellfish or crabmeat for human consumption that is
adulterated or misbranded;
(11) removing or disposing of a detained or embargoed
article in violation of Section 436.028;
(12) altering, mutilating, destroying, obliterating,
or removing all or part of the labeling of a container;
(13) adulterating or misbranding molluscan shellfish
or crabmeat in commerce;
(14) refusing to permit entry or inspection, to permit
the taking of a sample, or to permit access to or copying by an
authorized agent of a record required by this chapter;
(15) failing to establish or maintain a record or
report required by this chapter or by a rule adopted by the board;
[or]
(16) violating a rule adopted by the board or an
emergency rule or order adopted by the director; or
(17) processing, transporting, storing for sale,
possessing with intent to sell, offering for sale, or selling
shrimp for human consumption that has been treated with a
veterinary drug or antibiotic that is illegal for the treatment of
shrimp in the United States.