By: Hegar S.B. No. 1480
(Darby)
A BILL TO BE ENTITLED
AN ACT
relating to the regulation of exotic aquatic species by the Parks
and Wildlife Department; providing penalties.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. The heading to Chapter 66, Parks and Wildlife
Code, is amended to read as follows:
CHAPTER 66. FISH AND AQUATIC PLANTS
SECTION 2. The heading to Subchapter A, Chapter 66, Parks
and Wildlife Code, is amended to read as follows:
SUBCHAPTER A. PROVISIONS APPLICABLE TO FRESHWATER AND SALTWATER
FISHING AND AQUATIC PLANTS
SECTION 3. The heading to Section 66.007, Parks and
Wildlife Code, is amended to read as follows:
Sec. 66.007. EXOTIC HARMFUL OR POTENTIALLY HARMFUL FISH
AND[,] SHELLFISH[, AND AQUATIC PLANTS].
SECTION 4. Subsections (a), (b), (c), (e), (j), (k), and
(l), Section 66.007, Parks and Wildlife Code, are amended to read as
follows:
(a) No person may import, possess, sell, or place into the
public water of this state exotic harmful or potentially harmful
fish or[,] shellfish[, or aquatic plants] except as authorized by
rule or permit issued by the department.
(b) The department shall publish a list of[:
[(1)] exotic fish and exotic shellfish for which a
permit under Subsection (a) is required[; and
[(2) exotic aquatic plants, as provided by this
section, that are approved for importation into or possession in
this state without a permit].
(c) The department shall make rules to carry out [the
provisions of] this section. [In adopting rules that relate to
exotic aquatic plants, the department shall strive to ensure that
the rules are as permissive as possible without allowing the
importation or possession of plants that pose environmental,
economic, or health problems.]
(e) In this section:
(1) ["Approved list" means the list published by the
department under Subsection (b)(2) of exotic aquatic plants that a
person may import into or possess in this state without an exotic
species permit issued by the department.
[(2) "Exotic aquatic plant" means a nonindigenous
aquatic plant that is not normally found in aquatic or riparian
areas of this state.
[(3)] "Exotic fish" means a nonindigenous fish that is
not normally found in the public water of this state.
(2) [(4)] "Exotic shellfish" means a nonindigenous
shellfish that is not normally found in the public water of this
state.
(3) "Public water" has the meaning assigned by Section
66.015.
(j) Except as provided in Subsection (k), an operator of an
aquaculture facility under quarantine condition may not discharge
waste or another substance from the facility except with approval
of the department and a wastewater discharge authorization from the
Texas [Natural Resource Conservation] Commission on Environmental
Quality.
(k) Even if under quarantine condition, an aquaculture
facility shall discharge wastewater or another substance as
necessary to comply with an emergency plan that has been submitted
to and approved by the department and incorporated into a
wastewater discharge authorization issued by the Texas [Natural
Resource Conservation] Commission on Environmental Quality.
(l) On receiving notice from an owner of the observance of
manifestations of disease, the department shall immediately:
(1) notify the Department of Agriculture, the Texas
[Natural Resource Conservation] Commission on Environmental
Quality, and the Texas Animal Health Commission; and
(2) advise the Department of Agriculture, the Texas
[Natural Resource Conservation] Commission on Environmental
Quality, and the Texas Animal Health Commission regarding the
appropriate action to be taken.
SECTION 5. Section 66.0071, Parks and Wildlife Code, is
amended to read as follows:
Sec. 66.0071. REMOVAL OF HARMFUL AQUATIC PLANTS. On
leaving any public or private body of water in this state, a person
shall immediately remove and lawfully dispose of any exotic aquatic
plant [not included] on the [approved] list of prohibited plants
adopted [published] under Section 66.0072 [66.007(b)(2)] that is
clinging or attached to the person's:
(1) vessel or watercraft; or
(2) trailer, motor vehicle, or other mobile device
used to transport or launch a vessel or watercraft.
SECTION 6. Subchapter A, Chapter 66, Parks and Wildlife
Code, is amended by adding Section 66.0072 to read as follows:
Sec. 66.0072. EXOTIC HARMFUL OR POTENTIALLY HARMFUL AQUATIC
PLANTS. (a) In this section:
(1) "Exotic aquatic plant" means a nonindigenous
aquatic plant that is not normally found in the public water of this
state.
(2) "Public water" has the meaning assigned by Section
66.015.
(b) A person may not import, possess, sell, or place into
the public water of this state an exotic harmful or potentially
harmful aquatic plant except as authorized by commission rule or a
permit issued by the department.
(c) The commission by rule shall adopt a list of exotic
aquatic plants that may not be imported into or possessed in this
state without a permit.
(d) The commission may enact an emergency rule as provided
by Chapter 2001, Government Code, to add an exotic aquatic plant to
the list of prohibited plants if the plant is determined to be
harmful or potentially harmful.
(e) This section does not apply to any microalgae imported,
possessed, used, or sold for biofuel, academic, or research and
development purposes. The department shall consult with the
Department of Agriculture as necessary to administer this section
and may not adopt rules or permits for microalgae imported,
possessed, used, or sold for biofuel, academic, or research and
development purposes without written approval from the Department
of Agriculture of the rules or permits.
(f) The commission shall adopt rules to implement this
section.
SECTION 7. Subsections (b), (c), (d), (e), and (f), Section
66.012, Parks and Wildlife Code, are amended to read as follows:
(b) A person who violates Section 66.003, 66.004, 66.005,
66.006(c), [66.007,] 66.009, 66.015, 66.021, or 66.0091 of this
code commits an offense that is a Class B Parks and Wildlife Code
misdemeanor.
(c) An offense under [If it is shown at the trial of the
defendant for a violation of] Section 66.004, 66.006(c), [66.007,]
or 66.015 is [of this code that the defendant has been convicted
once before the trial date of a violation of the same section, on
conviction the defendant shall be punished for] a Class A Parks and
Wildlife Code misdemeanor if it is shown at the trial of a person
for the offense that the person has been previously convicted one
time of a violation of the same section.
(d) An offense under [If it is shown at the trial of the
defendant for a violation of] Section 66.004[, 66.007,] or 66.015
is [of this code that the defendant has been convicted two or more
times before the trial date of a violation of the same section, on
conviction the defendant shall be punished for] a Parks and
Wildlife Code felony if it is shown at the trial of a person for the
offense that the person has been previously convicted two or more
times of a violation of the same section.
(e) An offense under [If it is shown at the trial of the
defendant for a violation of] Section 66.007, 66.0072, 66.020(f),
or 66.020(g) [of this code] or a proclamation adopted by the
commission under those sections is [that the defendant has been
convicted within five years before the trial date of a violation of
the section for which the defendant is being prosecuted, on
conviction the defendant shall be punished for] a Class B Parks and
Wildlife Code misdemeanor if it is shown at the trial of a person
for the offense that the person has been previously convicted one
time of a violation of the same section.
(f) An offense under [If it is shown at the trial for a
violation of] Section 66.007, 66.0072, 66.020(f), or 66.020(g) [of
this code] or a proclamation adopted by the commission under those
sections is [that the defendant has been convicted two or more times
within five years before the trial date of a violation of the
section for which the defendant is being prosecuted, on conviction
the defendant shall be punished for] a Class A Parks and Wildlife
Code misdemeanor if it is shown at the trial of a person for the
offense that the person has been previously convicted two or more
times of a violation of the same section.
SECTION 8. Subsections (m) through (s), Section 66.007,
Parks and Wildlife Code, are repealed.
SECTION 9. (a) On the effective date of this Act, the list
of harmful or potentially harmful plants that was in effect
immediately before the publication of the list of approved plants
required by Subsection (b), Section 66.007, Parks and Wildlife
Code, as amended by Section 14, Chapter 952 (H.B. 3391), Acts of the
81st Legislature, Regular Session, 2009, is the list of exotic
aquatic plants required by Section 66.0072, Parks and Wildlife
Code, as added by this Act, and shall be the list in effect until
amended by the Parks and Wildlife Department.
(b) The Parks and Wildlife Department may not enforce the
permit requirements or prohibited actions regarding exotic aquatic
plants that are on the list under Section 66.0072, Parks and
Wildlife Code, as added by this Act, before the effective date of
this Act.
(c) After the effective date of this Act, the Parks and
Wildlife Department is not required to maintain or publish the list
of approved exotic aquatic plants for which a permit is not required
under Section 66.007, Parks and Wildlife Code, as that section
provided before the effective date of this Act.
(d) Section 66.012, Parks and Wildlife Code, as amended by
this Act, applies only to an offense that occurs on or after the
effective date of this Act. An offense that occurs before the
effective date of this Act is governed by the law in effect
immediately before that date, and that law is continued in effect
for that purpose. For purposes of this subsection, an offense is
committed before the effective date of this Act if any element of
the offense occurs before that date.
SECTION 10. This Act takes effect immediately if it
receives a vote of two-thirds of all the members elected to each
house, as provided by Section 39, Article III, Texas Constitution.
If this Act does not receive the vote necessary for immediate
effect, this Act takes effect September 1, 2011.