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A BILL TO BE ENTITLED
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AN ACT
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relating to the offense of selling or purchasing shark fins or |
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products containing shark fin. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 66.2161, Parks and Wildlife Code, is |
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amended by amending Subsections (a), (b), and (e) and adding |
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Subsections (a-1), (a-2), (b-3), (b-4), and (g) to read as follows: |
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(a) In this section: |
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(1) "Destroy" means, with respect to a shark fin, to |
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denature the fin for the purpose of rendering the fin inedible. |
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(2) "Place of business" has the meaning assigned by |
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Section 47.001. |
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(3) "Sale" includes barter and exchange. |
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(4) "Shark" means any species of the subclass |
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Elasmobranchii. |
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(5) [(2)] "Shark fin" means the fresh and uncooked, or |
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cooked, frozen, dried, or otherwise processed, detached fin or tail |
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of a shark. |
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(a-1) A person may process in a place of business or |
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restaurant a shark carcass into steaks or fillets only if: |
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(1) the steaks and fillets do not contain any portion |
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of a shark fin; and |
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(2) each of the shark's fins is destroyed and discarded |
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in the manner prescribed by the department immediately on detaching |
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the fins from the remainder of the carcass. |
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(a-2) A person commits an offense if the person fails to |
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immediately destroy and discard a shark fin as required by |
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Subsection (a-1). |
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(b) A person commits an offense if the person buys or offers |
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to buy, sells or offers to sell, possesses for the purpose of sale, |
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transports or ships for the purpose of sale, or advertises for sale |
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[may not buy or offer to buy, sell or offer to sell, possess for the |
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purpose of sale, transport, or ship for the purpose of sale, barter, |
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or exchange] a shark fin regardless of where the shark was taken or |
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caught. |
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(b-3) Each shark fin a person purchases or possesses for the |
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purpose of sale in violation of this section constitutes a separate |
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offense. |
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(b-4) For purposes of Subsection (b), proof that the person: |
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(1) possessed a shark fin, other than a shark fin that |
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has been destroyed, in a place of business or restaurant or on any |
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commercial vessel on the waters of this state is prima facie |
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evidence that the person possessed the shark fin for the purpose of |
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sale; and |
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(2) advertised for sale a shark fin, a product |
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containing shark fin, or a product represented to be or to contain |
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shark fin is prima facie evidence that the person offered a shark |
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fin for sale. |
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(e) 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 |
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fin] as evidence the shark fin, product containing shark fin, or |
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product represented to be or to contain shark fin. Notwithstanding |
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Section 12.109, on a final court ruling, the department shall |
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destroy the shark fin, product containing shark fin, or product |
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represented to be or to contain shark fin. |
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(g) The commission may adopt rules as necessary to |
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administer this section. |
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SECTION 2. Sections 66.218(c) and (d), Parks and Wildlife |
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Code, are transferred to Section 66.2161, Parks and Wildlife Code, |
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redesignated as Sections 66.2161(b-1) and (b-2), Parks and Wildlife |
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Code, and amended to read as follows: |
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(b-1) [(c)] A person who violates this section [Section |
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66.2161] or a proclamation or rule adopted under this [that] |
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section commits an offense that is a Class B Parks and Wildlife Code |
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misdemeanor. |
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(b-2) [(d)] If it is shown at the trial for a violation of |
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this section [Section 66.2161] or a proclamation or rule adopted |
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under this [that] section that the defendant has been convicted |
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within five years before the trial date of a violation of this |
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[that] section, on conviction the defendant shall be punished for a |
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Class A Parks and Wildlife Code misdemeanor. |
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SECTION 3. Sections 66.2161(c) and (f), Parks and Wildlife |
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Code, are repealed. |
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SECTION 4. The changes in law made by this Act apply only to |
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an offense committed on or after the effective date of this Act. An |
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offense committed before the effective date of this Act is governed |
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by the law in effect on the date the offense was committed, and the |
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former law is continued in effect for that purpose. For purposes of |
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this section, an offense was committed before the effective date of |
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this Act if any element of the offense occurred before that date. |
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SECTION 5. This Act takes effect September 1, 2023. |