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79R3655 KCR-D
By: Hilderbran H.B. No. 2029
A BILL TO BE ENTITLED
AN ACT
relating to commercial bay shrimping boat licenses, commercial bay
shrimp boat licenses, and commercial bait-shrimp boat licenses.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter C, Chapter 77, Parks and Wildlife
Code, is amended by adding Section 77.032 to read as follows:
Sec. 77.032. COMMERCIAL BAY SHRIMPING BOAT LICENSE. (a) A
person may not operate a commercial bay shrimp boat or commercial
bait-shrimp boat for the purpose of catching or assisting in
catching shrimp, including shrimp for use as bait only, and other
edible aquatic products from the inside water unless the owner has
obtained a commercial bay shrimping boat license under this
section.
(b) The fee for a commercial bay shrimping boat license is
$170 or an amount set by the commission, whichever amount is more.
(c) An applicant for a commercial bay shrimping boat license
must submit to the department an affidavit that the applicant
intends to derive the major portion of the applicant's livelihood
from the commercial fishery and that the applicant will maintain
adequate facilities to conduct the business.
(d) The fee for a commercial bay shrimping boat license for
a boat that is not numbered under Chapter 31 or does not have a
certificate of documentation issued by the United States Coast
Guard that lists an address in Texas for the boat owner or other
criteria established by the commission is $500 or an amount set by
the commission, whichever amount is more.
SECTION 2. Section 77.119, Parks and Wildlife Code, is
amended by adding Subsection (d) to read as follows:
(d) The commission by rule shall require a person whose
license is being considered for purchase under this section on or
after September 1, 2006, to provide fuel receipts and other
evidence to the commission that proves that the major portion of the
person's livelihood was derived from commercial shrimping during
the licensing period immediately preceding the date on which the
license is being considered for purchase. The commission may not
purchase a license under this section if the person who holds the
license does not provide the evidence required under this
subsection.
SECTION 3. Sections 77.031 and 77.033, Parks and Wildlife
Code, are repealed.
SECTION 4. On or after the effective date of this Act, a
reference in law to a "commercial bay shrimp boat license" or a
"commercial bait-shrimp boat license" means a commercial bay
shrimping boat license issued under Section 77.032, Parks and
Wildlife Code, as added by this Act.
SECTION 5. (a) The repeal by this Act of Sections 77.031
and 77.033, Parks and Wildlife Code, does not apply to an offense
related to a violation of one of those sections committed before the
effective date of the repeal. For purposes of this section, an
offense is committed before the effective date of the repeal if any
element of the offense occurs before that date.
(b) An offense committed before the effective date of the
repeal is covered by the section as it existed on the date on which
the offense was committed, and the former law is continued in effect
for that purpose.
SECTION 6. The change in law made by this Act does not
affect liability for the payment of fees accruing before the
effective date of this Act. That liability continues in effect as
if this Act had not been enacted, and the former law is continued in
effect for the collection of fees due and for civil and criminal
enforcement of the liability for those fees.
SECTION 7. The Parks and Wildlife Department shall notify
in writing each person that for the 2004-2005 license year holds a
commercial bay shrimp boat license issued under Section 77.031,
Parks and Wildlife Code, or a commercial bait-shrimp boat license
issued under Section 77.033, Parks and Wildlife Code, that,
effective September 1, 2005, those licenses are consolidated into
the commercial bay shrimping boat license issued under Section
77.032, Parks and Wildlife Code, as added by this Act.
SECTION 8. Not later than December 31, 2005, the Parks and
Wildlife Department shall adopt rules regarding the types and
sufficiency of evidence required under Section 77.119(d), Parks and
Wildlife Code, as added by this Act.
SECTION 9. If this Act takes effect September 1, 2005, a
license issued under Section 77.031 or 77.033, Parks and Wildlife
Code, before September 1, 2005, and effective on that date, is
considered to confer on the license holder the same duties and
privileges as a license issued on that date under Section 77.032,
Parks and Wildlife Code, as added by this Act.
SECTION 10. This Act takes effect immediately if it
receives a vote of two-thirds of all the members elected to each
house, as provided by Section 39, Article III, Texas Constitution.
If this Act does not receive the vote necessary for immediate
effect, this Act takes effect September 1, 2005.