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A BILL TO BE ENTITLED
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AN ACT
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relating to the sale and purchase of shark fins or products derived |
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from shark fins; creating an offense. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 66.216, Parks and Wildlife Code, is |
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amended to read as follows: |
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Sec. 66.216. POSSESSION OF HEADED OR TAILED FISH. No person |
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may possess a finfish of any species taken from coastal water, |
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except broadbill swordfish or [, shark, and] king mackerel, that |
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has the head or tail removed unless the fish has been finally |
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processed and delivered to the final destination or to a certified |
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wholesale or retail dealer. |
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SECTION 2. Subchapter C, Chapter 66, Parks and Wildlife |
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Code, is amended by adding Section 66.2161 to read as follows: |
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Sec. 66.2161. SALE OR PURCHASE OF SHARK FINS. (a) In this |
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section: |
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(1) "Shark" means any species of the subclass |
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Elasmobranchii. |
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(2) "Shark fin" means the fresh and uncooked, or |
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cooked, frozen, dried, or otherwise processed, fin or tail of a |
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shark. |
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(b) A person may not buy or offer to buy, sell or offer to |
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sell, possess for the purpose of sale, transport, or ship for the |
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purpose of sale, barter, or exchange a shark fin. |
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(c) Except as provided by Subsection (d), this section |
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applies to the possession, transportation, sale, or purchase of any |
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shark fin regardless of where the shark was taken or caught. |
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(d) This section does not apply to the possession or |
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transportation in this state of a shark fin taken or caught outside |
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this state and transported from a point outside this state by common |
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carrier without being unloaded in this state to a point of delivery |
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outside this state. |
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(e) Notwithstanding Subsection (b), the department may |
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issue a permit for the possession, transport, sale, or purchase of |
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shark fins for a bona fide scientific research purpose. |
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(f) When a person is charged with violating this section, |
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the warden or other peace officer shall seize and hold the shark fin |
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as evidence. Notwithstanding Section 12.109, on a final court |
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ruling, the department shall destroy the shark fin. |
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SECTION 3. Section 66.218, Parks and Wildlife Code, is |
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amended by adding Subsections (c) and (d) to read as follows: |
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(c) A person who violates Section 66.2161 or a proclamation |
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adopted under that section commits an offense that is a Class B |
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Parks and Wildlife Code misdemeanor. |
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(d) If it is shown at the trial for a violation of Section |
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66.2161 or a proclamation adopted under that section that the |
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defendant has been convicted within five years before the trial |
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date of a violation of that section, on conviction the defendant |
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shall be punished for a Class A Parks and Wildlife Code misdemeanor. |
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SECTION 4. The change in law made by this Act applies only |
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to an offense committed on or after the effective date of this Act. |
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An offense committed before the effective date of this Act is |
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governed by the law in effect on the date the offense was committed, |
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and the former law is continued in effect for that purpose. For |
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purposes of this section, an offense was committed before the |
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effective date of this Act if any element of the offense occurred |
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before that date. |
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SECTION 5. This Act takes effect July 1, 2014. |