82R10105 SGA-F

By: Hegar S.B. No. 1480

A BILL TO BE ENTITLED

AN ACT

relating to the regulation of exotic aquatic species by the Parks and Wildlife Department; providing penalties.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. The heading to Chapter 66, Parks and Wildlife Code, is amended to read as follows:

CHAPTER 66. FISH AND AQUATIC PLANTS

SECTION 2. The heading to Subchapter A, Chapter 66, Parks and Wildlife Code, is amended to read as follows:

SUBCHAPTER A. PROVISIONS APPLICABLE TO FRESHWATER AND SALTWATER

FISHING AND AQUATIC PLANTS

SECTION 3. The heading to Section 66.007, Parks and Wildlife Code, is amended to read as follows:

Sec. 66.007. EXOTIC HARMFUL OR POTENTIALLY HARMFUL FISH AND [,] SHELLFISH[, AND AQUATIC PLANTS].

SECTION 4. Sections 66.007(a), (b), (c), (e), (j), (k), and (l), Parks and Wildlife Code, are amended to read as follows:

(a) No person may import, possess, sell, or place into the public water of this state exotic harmful or potentially harmful fish or [,] shellfish[, or aquatic plants] except as authorized by rule or permit issued by the department.

(b) The department shall publish a list of[:

[(1)] exotic fish and exotic shellfish for which a permit under Subsection (a) is required[; and

[(2) exotic aquatic plants, as provided by this section, that are approved for importation into or possession in this state without a permit].

(c) The department shall make rules to carry out [the provisions of] this section. [In adopting rules that relate to exotic aquatic plants, the department shall strive to ensure that the rules are as permissive as possible without allowing the importation or possession of plants that pose environmental, economic, or health problems.]

(e) In this section:

(1) ["Approved list" means the list published by the department under Subsection (b)(2) of exotic aquatic plants that a person may import into or possess in this state without an exotic species permit issued by the department.

[(2) "Exotic aquatic plant" means a nonindigenous aquatic plant that is not normally found in aquatic or riparian areas of this state.

[(3)] "Exotic fish" means a nonindigenous fish that is not normally found in the public water of this state.

(2) [(4)] "Exotic shellfish" means a nonindigenous shellfish that is not normally found in the public water of this state.

(3) "Public water" has the meaning assigned by Section 66.015.

(j) Except as provided in Subsection (k), an operator of an aquaculture facility under quarantine condition may not discharge waste or another substance from the facility except with approval of the department and a wastewater discharge authorization from the Texas [Natural Resource Conservation] Commission on Environmental Quality.

(k) Even if under quarantine condition, an aquaculture facility shall discharge wastewater or another substance as necessary to comply with an emergency plan that has been submitted to and approved by the department and incorporated into a wastewater discharge authorization issued by the Texas [Natural Resource Conservation] Commission on Environmental Quality.

(l) On receiving notice from an owner of the observance of manifestations of disease, the department shall immediately:

(1) notify the Department of Agriculture, the Texas [Natural Resource Conservation] Commission on Environmental Quality, and the Texas Animal Health Commission; and

(2) advise the Department of Agriculture, the Texas [Natural Resource Conservation] Commission on Environmental Quality, and the Texas Animal Health Commission regarding the appropriate action to be taken.

SECTION 5. Section 66.0071, Parks and Wildlife Code, is amended to read as follows:

Sec. 66.0071. REMOVAL OF HARMFUL AQUATIC PLANTS. On leaving any public or private body of water in this state, a person shall immediately remove and lawfully dispose of any exotic aquatic plant [not included] on the [approved] list of prohibited plants adopted [published] under Section 66.0072 [66.007(b)(2)] that is clinging or attached to the person's:

(1) vessel or watercraft; or

(2) trailer, motor vehicle, or other mobile device used to transport or launch a vessel or watercraft.

SECTION 6. Subchapter A, Chapter 66, Parks and Wildlife Code, is amended by adding Section 66.0072 to read as follows:

Sec. 66.0072. EXOTIC HARMFUL OR POTENTIALLY HARMFUL AQUATIC PLANTS. (a) In this section:

(1) "Exotic aquatic plant" means a nonindigenous aquatic plant that is not normally found in the public water of this state.

(2) "Public water" has the meaning assigned by Section 66.015.

(b) A person may not import, possess, sell, or place into the public water of this state an exotic harmful or potentially harmful aquatic plant except as authorized by commission rule or a permit issued by the department.

(c) The commission by rule shall adopt a list of exotic aquatic plants that may not be imported into or possessed in this state without a permit.

(d) The commission may enact an emergency rule as provided by Chapter 2001, Government Code, to add an exotic aquatic plant to the list of prohibited plants if the plant is determined to be harmful or potentially harmful.

(e) This section does not apply to any microalgae imported, possessed, used, or sold for biofuel, academic, or research and development purposes. The department shall consult with the Department of Agriculture as necessary to administer this section and may not adopt rules or permits for microalgae imported, possessed, used, or sold for biofuel, academic, or research and development purposes without written approval from the Department of Agriculture of the rules or permits.

(f) The commission shall adopt rules to implement this section.

SECTION 7. Sections 66.012(b), (c), (d), (e), and (f), Parks and Wildlife Code, are amended to read as follows:

(b) A person who violates Section 66.003, 66.004, 66.005, 66.006(c), [66.007,] 66.009, 66.015, 66.021, or 66.0091 of this code commits an offense that is a Class B Parks and Wildlife Code misdemeanor.

(c) An offense under [If it is shown at the trial of the defendant for a violation of] Section 66.004, 66.006(c), [66.007,] or 66.015 is [of this code that the defendant has been convicted once before the trial date of a violation of the same section, on conviction the defendant shall be punished for] a Class A Parks and Wildlife Code misdemeanor if it is shown at the trial of a person for the offense that the person has been previously convicted one time of a violation of the same section.

(d) An offense under [If it is shown at the trial of the defendant for a violation of] Section 66.004[, 66.007,] or 66.015 is [of this code that the defendant has been convicted two or more times before the trial date of a violation of the same section, on conviction the defendant shall be punished for] a Parks and Wildlife Code felony if it is shown at the trial of a person for the offense that the person has been previously convicted two or more times of a violation of the same section.

(e) An offense under [If it is shown at the trial of the defendant for a violation of] Section 66.007, 66.0072, 66.020(f), or 66.020(g) [of this code] or a proclamation adopted by the commission under those sections is [that the defendant has been convicted within five years before the trial date of a violation of the section for which the defendant is being prosecuted, on conviction the defendant shall be punished for] a Class B Parks and Wildlife Code misdemeanor if it is shown at the trial of a person for the offense that the person has been previously convicted one time of a violation of the same section.

(f) An offense under [If it is shown at the trial for a violation of] Section 66.007, 66.0072, 66.020(f), or 66.020(g) [of this code] or a proclamation adopted by the commission under those sections is [that the defendant has been convicted two or more times within five years before the trial date of a violation of the section for which the defendant is being prosecuted, on conviction the defendant shall be punished for] a Class A Parks and Wildlife Code misdemeanor if it is shown at the trial of a person for the offense that the person has been previously convicted two or more times of a violation of the same section.

SECTION 8. Sections 66.007(m) through (s), Parks and Wildlife Code, are repealed.

SECTION 9. (a) On the effective date of this Act, the list of harmful or potentially harmful plants that was in effect immediately before the publication of the list of approved plants required by Section 66.007(b), Parks and Wildlife Code, as amended by Section 14, Chapter 952 (H.B. 3391), Acts of the 81st Legislature, Regular Session, 2009, is the list of exotic aquatic plants required by Section 66.0072, Parks and Wildlife Code, as added by this Act, and shall be the list in effect until amended by the Parks and Wildlife Department.

(b) The Parks and Wildlife Department may not enforce the permit requirements or prohibited actions regarding exotic aquatic plants that are on the list under Section 66.0072, Parks and Wildlife Code, as added by this Act, before the effective date of this Act.

(c) After the effective date of this Act, the Parks and Wildlife Department is not required to maintain or publish the list of approved exotic aquatic plants for which a permit is not required under Section 66.007, Parks and Wildlife Code, as that section provided before the effective date of this Act.

(d) Section 66.012, Parks and Wildlife Code, as amended by this Act, applies only to an offense that occurs on or after the effective date of this Act. An offense that occurs before the effective date of this Act is governed by the law in effect immediately before that date, and that law is continued in effect for that purpose. For purposes of this subsection, an offense is committed before the effective date of this Act if any element of the offense occurs before that date.

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, 2011.