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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 certain fish. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Sections 66.020(b) and (c), Parks and Wildlife |
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Code, are amended to read as follows: |
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(b) This section applies to the possession, transportation, |
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sale, or purchase of any fish described by Subsection (a) [of this |
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section] without regard to where the fish was taken, caught, or |
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raised, but does not apply to: |
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(1) the transportation or possession of fish taken, |
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caught, or raised outside this state and transported by common |
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carrier without being unloaded from outside this state to a point of |
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delivery outside this state; |
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(2) fish raised by being continuously fed a prepared |
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feed and sold by a licensed Texas fish farmer if marked and |
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identified as required under Chapter 134, Agriculture Code; [or] |
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(3) the sale of fish described by Subdivision (2) by: |
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(A) a licensed wholesale fish dealer; |
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(B) a licensed retail fish dealer; or |
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(C) a restaurant; |
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(4) bass of the genus Micropterus and crappie if the |
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fish are: |
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(A) reared in private water; and |
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(B) sold by the holder of an aquaculture license |
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for the purpose of stocking: |
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(i) water of the state under a permit |
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required under Section 66.015(b); or |
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(ii) private water with the documentation |
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required under Section 134.018, Agriculture Code; or |
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(5) the lawful importation by the holder of a Texas |
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finfish import license into this state from another state or |
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foreign country or the exclusive economic zone of farm-raised red |
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drum, bass of the genus Micropterus, crappie, flathead catfish, |
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striped bass, white bass, or a hybrid of any of those fish that have |
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been continuously fed a prepared feed as a primary food source or |
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lawfully taken, caught, or raised blue marlin, jewfish, longbill |
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spearfish, muskellunge, northern pike, sailfish, sauger, snook, |
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spotted sea trout, tarpon, walleye, white marlin, yellow bass, or a |
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hybrid of any of those fish, if the fish are [transported or sold |
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when not alive and are] tagged, invoiced, packaged, and labeled |
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under regulations of the commission and if the license holder |
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complies with any requirements the commission may establish by |
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proclamation that the fish enter the stream of commerce for sale in |
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this state in a condition allowing ready identification of the |
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species, including a requirement that the fish come into the state |
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with the head and tail intact and tagged and a requirement that an |
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invoice accompany all imported fish regulated by this section |
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through each sales transaction, including transactions at the place |
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of the final sale to the consumer. |
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(c) Notwithstanding Subsection (b)(5) [(b)(3) of this |
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section], the commission may allow subsequent sale of lawfully |
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imported fish without the head and tail intact and without a tag if |
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the fish are labeled in a manner prescribed by the commission and |
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the tag when removed is destroyed. A tag, if required, must be of a |
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type prescribed by the commission and shall be sold to an applicant |
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at a cost as determined by the commission that is reasonable to |
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defray the administrative costs incurred in connection with the tag |
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requirement. |
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SECTION 2. Sections 66.111(a) and (b), Parks and Wildlife |
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Code, are amended to read as follows: |
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(a) Except as provided by Subsection (b) no person may buy |
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or offer to buy, sell or offer to sell, possess for the purpose of |
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sale, transport or ship for the purpose of sale, or barter or |
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exchange[: |
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[(1) freshwater crappie, bass of the genus Micropterus, |
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striped bass and hybrids of striped bass, white bass, walleye, |
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sauger, northern pike, muskellunge, trout of the family Salmonidae, |
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flathead catfish; or |
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[(2)] any [other] fish taken from the public fresh water |
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of this state. |
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(b) Subsection (a) [of this section] does not apply to: |
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(1) [a fish, other than a bass of the genus |
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Micropterus, reared in private water under a fish farmer's license; |
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[(2) a fish possessed legally outside this state and |
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transported into this state; |
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[(3) bass of the genus Micropterus reared in private |
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water under a fish farmer's license and marketed for the purpose of |
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stocking the water of this state; |
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[(4)] nongame fish regulated under Chapter 67 [of this |
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code]; or |
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(2) [(5)] channel catfish of more than 14 inches in |
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length or blue catfish of more than 14 inches in length taken from |
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the public fresh water of Angelina, Bowie, Camp, Cass, Chambers, |
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Franklin, Freestone, Gregg, Hardin, Harris, Harrison, Jasper, |
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Jefferson, Lamar, Leon, Liberty, Madison, Marion, Montgomery, |
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Morris, Nacogdoches, Navarro, Newton, Orange, Panola, Polk, Red |
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River, Sabine, San Augustine, San Jacinto, Shelby, Titus, Trinity, |
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Tyler, Upshur, or Walker County, the public fresh water of the |
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Neches or Trinity River in Houston County, the public fresh water of |
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the Colorado River in Bastrop, Colorado, Fayette, Matagorda, or |
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Wharton County, or the public fresh water of Falcon Lake in Starr or |
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Zapata County. |
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SECTION 3. Section 66.2012(e), Parks and Wildlife Code, is |
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amended to read as follows: |
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(e) This section does not apply to activities that are |
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regulated under the exceptions provided by Subdivisions (1), (2), |
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and (5) [(3)] of Section 66.020(b) or under Subsections (f) and (g) |
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of that section. |
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SECTION 4. Section 66.111(c), Parks and Wildlife Code, is |
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repealed. |
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SECTION 5. This Act takes effect September 1, 2021. |