79R2113 KCR-D

By:  Wentworth, Jackson, Williams                                 S.B. No. 380



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.  Sections 77.031 and 77.033, Parks and Wildlife 
Code, are repealed.
	SECTION 3.  On or after the effective date of this Act, a 
reference in law to a "commercial bay shrimp boat license issued 
under Section 77.031" or a "commercial bait-shrimp boat license 
issued under Section 77.033" means a commercial bay shrimping boat 
license issued under Section 77.032.
	SECTION 4.  (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 5.  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 6.  This Act takes effect September 1, 2007.