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



A BILL TO BE ENTITLED

AN ACT

relating to sale of culled fish from private waters.                          
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Section 134.017, Agriculture Code, is amended to 
read as follows:
	Sec. 134.017.  CULTURE AND SALE OF CULTURED SPECIES.  (a) 
Cultured species of any kind, size, or number may be raised, 
possessed, transported, and sold anywhere, at any time, to any 
person, for any purpose by the holder of an aquaculture license 
unless prohibited by Parks and Wildlife Code or regulation.
	(b)  No fish-farming license is required for the sale of fish 
provided that:
		1)  The fish is not on the Texas Parks and Wildlife list 
of harmful or potentially harmful exotic fish, shellfish, and 
aquatic plants:
		2)  The fish are sold by the owner of the impoundment 
from which the fish are collected
		3)  The impoundment from which the fish are collected 
is on private property;
		4)  The fish were collected in an effort to manage the 
fish population in impoundment from which the fish are collected;
		5)  The fish are sold to a person holding a valid fish 
farmer's license.
	(c)  Sections 66.020 and 66.111, parks and wildlife code, do 
not apply to a sale under subsection (b).
	SECTION 2.  This Act takes effect September 1, 2005.