By:  Cook of Navarro (Senate Sponsor - Brimer)                    H.B. No. 3024
	(In the Senate - Received from the House May 16, 2005; 
May 17, 2005, read first time and referred to Committee on Natural 
Resources; May 20, 2005, reported adversely, with favorable 
Committee Substitute by the following vote:  Yeas 9, Nays 0; 
May 20, 2005, sent to printer.)


COMMITTEE SUBSTITUTE FOR H.B. No. 3024                                   By:  Jackson


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)  Not later than the 30th day after the sale of fish under 
this section, the buyer who holds an aquaculture license 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 physical location of the facility from which 
the fish were collected;
		(5)  the name, address, and aquaculture license number 
of the buyer; and
		(6)  the number of fish sold.                                          
	(c)  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.                           



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