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AN ACT
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relating to the regulation of commercial shrimp unloading; |
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requiring an occupational license; authorizing a fee. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 47.0091, Parks and Wildlife Code, is |
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amended to read as follows: |
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Sec. 47.0091. PURCHASE OF AQUATIC PRODUCTS BY WHOLESALE |
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FISH DEALERS. No wholesale fish dealer may purchase for resale or |
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receive for sale, barter, exchange, or any other commercial purpose |
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any aquatic product from any person or entity in this state unless |
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he purchases the product from the holder of: |
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(1) a general commercial fisherman's license; |
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(2) a commercial oyster fisherman's license; |
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(3) a commercial oyster boat license; |
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(4) a wholesale fish dealer's license; |
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(5) a fish farmer's license; |
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(6) a commercial shrimp boat license; |
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(7) a commercial oyster boat captain's license; |
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(8) a commercial shrimp boat captain's license; |
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(9) a commercial crab fisherman's license; [or] |
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(10) a commercial finfish fisherman's license; or |
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(11) a commercial gulf shrimp unloading license. |
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SECTION 2. Section 47.0111, Parks and Wildlife Code, is |
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amended to read as follows: |
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Sec. 47.0111. PURCHASE OF AQUATIC PRODUCTS BY RETAIL FISH |
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DEALERS. No retail fish dealer may purchase for resale or receive |
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for sale, barter, exchange, or any other commercial purposes any |
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aquatic products from any person or entity in this state unless he |
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purchases the product from the holder of: |
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(1) a wholesale fish dealer's license; |
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(2) a general commercial fisherman's license, a |
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commercial shrimp boat license, a commercial shrimp boat captain's |
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license, a commercial gulf shrimp unloading license, a commercial |
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crab fisherman's license, or a commercial finfish fisherman's |
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license when the retail fish dealer has given written notification |
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to the director or his designee of the dealer's intent to purchase |
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aquatic products from the holder of a general commercial |
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fisherman's license, a commercial shrimp boat license, a commercial |
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shrimp boat captain's license, a commercial crab fisherman's |
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license, or a commercial finfish fisherman's license; or |
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(3) a fish farmer's license. |
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SECTION 3. Section 47.012, Parks and Wildlife Code, is |
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amended to read as follows: |
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Sec. 47.012. PURCHASE OF AQUATIC PRODUCTS BY RESTAURANT |
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OWNER, OPERATOR, OR EMPLOYEE. No restaurant owner, operator, or |
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employee may purchase for consumption by the restaurant's patrons |
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on the restaurant's premises any aquatic product from any person or |
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entity in this state unless the person purchases the aquatic |
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product from the holder of: |
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(1) a wholesale fish dealer's license; |
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(2) a general commercial fisherman's license; |
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(3) a fish farmer's license; |
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(4) a commercial shrimp boat license; |
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(5) a commercial shrimp boat captain's license; |
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(6) a commercial crab fisherman's license; [or] |
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(7) a commercial finfish fisherman's license; or |
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(8) a commercial gulf shrimp unloading license. |
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SECTION 4. Subchapter C, Chapter 77, Parks and Wildlife |
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Code, is amended by adding Section 77.034 to read as follows: |
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Sec. 77.034. COMMERCIAL GULF SHRIMP UNLOADING LICENSE. (a) |
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Except as provided by Subsection (b), no person may unload or allow |
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to be unloaded at a port or point in this state shrimp or other |
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aquatic products caught or taken from the outside water or from salt |
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water outside the state without having been previously unloaded in |
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some other state or foreign country, unless the person has |
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obtained: |
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(1) a commercial gulf shrimp unloading license; and |
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(2) a federal commercial vessel permit for gulf shrimp |
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from the National Oceanic and Atmospheric Administration. |
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(b) A person holding a valid resident or nonresident |
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commercial gulf shrimp boat license is exempt from the requirement |
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to hold a commercial gulf shrimp unloading license. |
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(c) A vessel operating under a commercial gulf shrimp |
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unloading license must make a nonstop progression through outside |
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waters to a place of unloading. The commission shall adopt rules for |
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the requirements of trawl gear storage for a vessel who holds a |
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commercial gulf shrimp unloading license while that vessel is |
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making a nonstop progression through outside waters to a place of |
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unloading. |
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(d) The fee for a commercial gulf shrimp unloading license |
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is $1485, or an amount set by the commission, whichever amount is |
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more. |
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SECTION 5. Section 77.035(a), Parks and Wildlife Code, is |
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amended to read as follows: |
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(a) Except as permitted under Section 77.034, no [No] person |
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may operate a commercial gulf shrimp boat for catching or assisting |
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in catching shrimp and other edible aquatic products from the |
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outside water, or have on board a boat, or unload, or allow to be |
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unloaded at a port or point in this state, shrimp and other edible |
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aquatic products caught or taken from the outside water or from salt |
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water outside the state without having been previously unloaded in |
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some other state or foreign country, unless the owner of the boat |
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has obtained a commercial gulf shrimp boat license. |
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SECTION 6. Sections 77.0352(a) and (b), Parks and Wildlife |
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Code, are amended to read as follows: |
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(a) The holder of a commercial shrimp boat license or |
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commercial gulf shrimp unloading license may sell only the catch of |
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shrimp from the vessel to which the commercial shrimp boat license |
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or commercial gulf shrimp unloading license applies. |
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(b) The holder of a commercial shrimp boat license or |
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commercial gulf shrimp unloading license may sell aquatic products |
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other than shrimp if those aquatic products: |
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(1) were taken incidental to lawful shrimping on the |
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vessel to which the commercial shrimp boat license or commercial |
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gulf shrimp unloading license applies; and |
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(2) comply with all applicable provisions of this code |
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or commission regulations. |
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SECTION 7. Section 77.039(a), Parks and Wildlife Code, is |
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amended to read as follows: |
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(a) A commercial shrimp boat license or commercial gulf |
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shrimp unloading license issued under this subchapter must be a |
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sign or emblem at least 32 square inches in size and be constructed |
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of a durable material. |
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SECTION 8. The Parks and Wildlife Commission shall adopt |
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rules not later than September 1, 2018, to implement Sections |
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77.034, Parks and Wildlife Code, as added by this Act, and 77.039, |
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Parks and Wildlife Code, as amended by this Act. |
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SECTION 9. This Act takes effect September 1, 2017. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I certify that H.B. No. 1260 was passed by the House on April |
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25, 2017, by the following vote: Yeas 129, Nays 13, 2 present, not |
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voting. |
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______________________________ |
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Chief Clerk of the House |
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I certify that H.B. No. 1260 was passed by the Senate on May |
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22, 2017, by the following vote: Yeas 29, Nays 2. |
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______________________________ |
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Secretary of the Senate |
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APPROVED: _____________________ |
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Date |
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_____________________ |
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Governor |