Texas 2011 - 82nd Regular

Texas Senate Bill SB1480 Compare Versions

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1	1	By: Hegar S.B. No. 1480
2	2	(Darby)
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the regulation of exotic aquatic species by the Parks
8	8	and Wildlife Department; providing penalties.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. The heading to Chapter 66, Parks and Wildlife
11	11	Code, is amended to read as follows:
12	12	CHAPTER 66. FISH AND AQUATIC PLANTS
13	13	SECTION 2. The heading to Subchapter A, Chapter 66, Parks
14	14	and Wildlife Code, is amended to read as follows:
15	15	SUBCHAPTER A. PROVISIONS APPLICABLE TO FRESHWATER AND SALTWATER
16	16	FISHING AND AQUATIC PLANTS
17	17	SECTION 3. The heading to Section 66.007, Parks and
18	18	Wildlife Code, is amended to read as follows:
19	19	Sec. 66.007. EXOTIC HARMFUL OR POTENTIALLY HARMFUL FISH
20	20	AND[,] SHELLFISH[, AND AQUATIC PLANTS].
21	21	SECTION 4. Subsections (a), (b), (c), (e), (j), (k), and
22	22	(l), Section 66.007, Parks and Wildlife Code, are amended to read as
23	23	follows:
24	24	(a) No person may import, possess, sell, or place into the
25	25	public water of this state exotic harmful or potentially harmful
26	26	fish or[,] shellfish[, or aquatic plants] except as authorized by
27	27	rule or permit issued by the department.
28	28	(b) The department shall publish a list of[:
29	29	[(1)] exotic fish and exotic shellfish for which a
30	30	permit under Subsection (a) is required[; and
31	31	[(2) exotic aquatic plants, as provided by this
32	32	section, that are approved for importation into or possession in
33	33	this state without a permit].
34	34	(c) The department shall make rules to carry out [the
35	35	provisions of] this section. [In adopting rules that relate to
36	36	exotic aquatic plants, the department shall strive to ensure that
37	37	the rules are as permissive as possible without allowing the
38	38	importation or possession of plants that pose environmental,
39	39	economic, or health problems.]
40	40	(e) In this section:
41	41	(1) ["Approved list" means the list published by the
42	42	department under Subsection (b)(2) of exotic aquatic plants that a
43	43	person may import into or possess in this state without an exotic
44	44	species permit issued by the department.
45	45	[(2) "Exotic aquatic plant" means a nonindigenous
46	46	aquatic plant that is not normally found in aquatic or riparian
47	47	areas of this state.
48	48	[(3)] "Exotic fish" means a nonindigenous fish that is
49	49	not normally found in the public water of this state.
50	50	(2) [(4)] "Exotic shellfish" means a nonindigenous
51	51	shellfish that is not normally found in the public water of this
52	52	state.
53	53	(3) "Public water" has the meaning assigned by Section
54	54	66.015.
55	55	(j) Except as provided in Subsection (k), an operator of an
56	56	aquaculture facility under quarantine condition may not discharge
57	57	waste or another substance from the facility except with approval
58	58	of the department and a wastewater discharge authorization from the
59	59	Texas [Natural Resource Conservation] Commission on Environmental
60	60	Quality.
61	61	(k) Even if under quarantine condition, an aquaculture
62	62	facility shall discharge wastewater or another substance as
63	63	necessary to comply with an emergency plan that has been submitted
64	64	to and approved by the department and incorporated into a
65	65	wastewater discharge authorization issued by the Texas [Natural
66	66	Resource Conservation] Commission on Environmental Quality.
67	67	(l) On receiving notice from an owner of the observance of
68	68	manifestations of disease, the department shall immediately:
69	69	(1) notify the Department of Agriculture, the Texas
70	70	[Natural Resource Conservation] Commission on Environmental
71	71	Quality, and the Texas Animal Health Commission; and
72	72	(2) advise the Department of Agriculture, the Texas
73	73	[Natural Resource Conservation] Commission on Environmental
74	74	Quality, and the Texas Animal Health Commission regarding the
75	75	appropriate action to be taken.
76	76	SECTION 5. Section 66.0071, Parks and Wildlife Code, is
77	77	amended to read as follows:
78	78	Sec. 66.0071. REMOVAL OF HARMFUL AQUATIC PLANTS. On
79	79	leaving any public or private body of water in this state, a person
80	80	shall immediately remove and lawfully dispose of any exotic aquatic
81	81	plant [not included] on the [approved] list of prohibited plants
82	82	adopted [published] under Section 66.0072 [66.007(b)(2)] that is
83	83	clinging or attached to the person's:
84	84	(1) vessel or watercraft; or
85	85	(2) trailer, motor vehicle, or other mobile device
86	86	used to transport or launch a vessel or watercraft.
87	87	SECTION 6. Subchapter A, Chapter 66, Parks and Wildlife
88	88	Code, is amended by adding Section 66.0072 to read as follows:
89	89	Sec. 66.0072. EXOTIC HARMFUL OR POTENTIALLY HARMFUL AQUATIC
90	90	PLANTS. (a) In this section:
91	91	(1) "Exotic aquatic plant" means a nonindigenous
92	92	aquatic plant that is not normally found in the public water of this
93	93	state.
94	94	(2) "Public water" has the meaning assigned by Section
95	95	66.015.
96	96	(b) A person may not import, possess, sell, or place into
97	97	the public water of this state an exotic harmful or potentially
98	98	harmful aquatic plant except as authorized by commission rule or a
99	99	permit issued by the department.
100	100	(c) The commission by rule shall adopt a list of exotic
101	101	aquatic plants that may not be imported into or possessed in this
102	102	state without a permit.
103	103	(d) The commission may enact an emergency rule as provided
104	104	by Chapter 2001, Government Code, to add an exotic aquatic plant to
105	105	the list of prohibited plants if the plant is determined to be
106	106	harmful or potentially harmful.
107	107	(e) This section does not apply to any microalgae imported,
108	108	possessed, used, or sold for biofuel, academic, or research and
109	109	development purposes. The department shall consult with the
110	110	Department of Agriculture as necessary to administer this section
111	111	and may not adopt rules or permits for microalgae imported,
112	112	possessed, used, or sold for biofuel, academic, or research and
113	113	development purposes without written approval from the Department
114	114	of Agriculture of the rules or permits.
115	115	(f) The commission shall adopt rules to implement this
116	116	section.
117	117	SECTION 7. Subsections (b), (c), (d), (e), and (f), Section
118	118	66.012, Parks and Wildlife Code, are amended to read as follows:
119	119	(b) A person who violates Section 66.003, 66.004, 66.005,
120	120	66.006(c), [66.007,] 66.009, 66.015, 66.021, or 66.0091 of this
121	121	code commits an offense that is a Class B Parks and Wildlife Code
122	122	misdemeanor.
123	123	(c) An offense under [If it is shown at the trial of the
124	124	defendant for a violation of] Section 66.004, 66.006(c), [66.007,]
125	125	or 66.015 is [of this code that the defendant has been convicted
126	126	once before the trial date of a violation of the same section, on
127	127	conviction the defendant shall be punished for] a Class A Parks and
128	128	Wildlife Code misdemeanor if it is shown at the trial of a person
129	129	for the offense that the person has been previously convicted one
130	130	time of a violation of the same section.
131	131	(d) An offense under [If it is shown at the trial of the
132	132	defendant for a violation of] Section 66.004[, 66.007,] or 66.015
133	133	is [of this code that the defendant has been convicted two or more
134	134	times before the trial date of a violation of the same section, on
135	135	conviction the defendant shall be punished for] a Parks and
136	136	Wildlife Code felony if it is shown at the trial of a person for the
137	137	offense that the person has been previously convicted two or more
138	138	times of a violation of the same section.
139	139	(e) An offense under [If it is shown at the trial of the
140	140	defendant for a violation of] Section 66.007, 66.0072, 66.020(f),
141	141	or 66.020(g) [of this code] or a proclamation adopted by the
142	142	commission under those sections is [that the defendant has been
143	143	convicted within five years before the trial date of a violation of
144	144	the section for which the defendant is being prosecuted, on
145	145	conviction the defendant shall be punished for] a Class B Parks and
146	146	Wildlife Code misdemeanor if it is shown at the trial of a person
147	147	for the offense that the person has been previously convicted one
148	148	time of a violation of the same section.
149	149	(f) An offense under [If it is shown at the trial for a
150	150	violation of] Section 66.007, 66.0072, 66.020(f), or 66.020(g) [of
151	151	this code] or a proclamation adopted by the commission under those
152	152	sections is [that the defendant has been convicted two or more times
153	153	within five years before the trial date of a violation of the
154	154	section for which the defendant is being prosecuted, on conviction
155	155	the defendant shall be punished for] a Class A Parks and Wildlife
156	156	Code misdemeanor if it is shown at the trial of a person for the
157	157	offense that the person has been previously convicted two or more
158	158	times of a violation of the same section.
159	159	SECTION 8. Subsections (m) through (s), Section 66.007,
160	160	Parks and Wildlife Code, are repealed.
161	161	SECTION 9. (a) On the effective date of this Act, the list
162	162	of harmful or potentially harmful plants that was in effect
163	163	immediately before the publication of the list of approved plants
164	164	required by Subsection (b), Section 66.007, Parks and Wildlife
165	165	Code, as amended by Section 14, Chapter 952 (H.B. 3391), Acts of the
166	166	81st Legislature, Regular Session, 2009, is the list of exotic
167	167	aquatic plants required by Section 66.0072, Parks and Wildlife
168	168	Code, as added by this Act, and shall be the list in effect until
169	169	amended by the Parks and Wildlife Department.
170	170	(b) The Parks and Wildlife Department may not enforce the
171	171	permit requirements or prohibited actions regarding exotic aquatic
172	172	plants that are on the list under Section 66.0072, Parks and
173	173	Wildlife Code, as added by this Act, before the effective date of
174	174	this Act.
175	175	(c) After the effective date of this Act, the Parks and
176	176	Wildlife Department is not required to maintain or publish the list
177	177	of approved exotic aquatic plants for which a permit is not required
178	178	under Section 66.007, Parks and Wildlife Code, as that section
179	179	provided before the effective date of this Act.
180	180	(d) Section 66.012, Parks and Wildlife Code, as amended by
181	181	this Act, applies only to an offense that occurs on or after the
182	182	effective date of this Act. An offense that occurs before the
183	183	effective date of this Act is governed by the law in effect
184	184	immediately before that date, and that law is continued in effect
185	185	for that purpose. For purposes of this subsection, an offense is
186	186	committed before the effective date of this Act if any element of
187	187	the offense occurs before that date.
188	188	SECTION 10. This Act takes effect immediately if it
189	189	receives a vote of two-thirds of all the members elected to each
190	190	house, as provided by Section 39, Article III, Texas Constitution.
191	191	If this Act does not receive the vote necessary for immediate
192	192	effect, this Act takes effect September 1, 2011.