By:  Cook of Navarro                                              H.B. No. 3024



A BILL TO BE ENTITLED

AN ACT

relating to the sale of fish collected from certain private 
property.       
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Subchapter B, Chapter 134, Agriculture Code, is 
amended by adding Section 134.018 to read as follows:
	Sec. 134.018.  LICENSE NOT REQUIRED FOR SALE OF CERTAIN 
FISH.  (a)  An aquaculture license is not required for the sale of 
fish:
		(1)  that are not on the Parks and Wildlife Department's 
list of exotic fish, shellfish, and aquatic plants;
		(2)  collected from a private facility on private land 
by a person who holds an aquaculture license;
		(3)  by the owner of the private facility from which the 
fish were collected;
		(4)  to manage the fish population in the private 
facility; and      
		(5)  to a person who holds an aquaculture license.                     
	(b)  The owner of a private facility must notify the Parks 
and Wildlife Department at least 24 hours before the sale of fish 
under this section.
	(c)  Not later than the 30th day after the sale of fish under 
this section, the seller shall submit a copy of the invoice for the 
sale to the Parks and Wildlife Department.  The seller and the buyer 
shall maintain a record of the sale for not less than one year.  The 
record must contain at least:
		(1)  the invoice number;                                               
		(2)  the date of the sale;                                             
		(3)  the name and address of the seller;                               
		(4)  the name, address, and aquaculture license number 
of the buyer; and
		(5)  the number of fish sold.                                          
	(d)  Sections 66.020 and 66.111, Parks and Wildlife Code, do 
not apply to a sale under this section.
	SECTION 2.  This Act takes effect September 1, 2005.