| 1 | 1 | | By: Lucio III, et al. (Senate Sponsor - Hinojosa) H.B. No. 852 |
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| 2 | 2 | | (In the Senate - Received from the House May 6, 2013; |
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| 3 | 3 | | May 7, 2013, read first time and referred to Committee on Natural |
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| 4 | 4 | | Resources; May 17, 2013, reported favorably by the following vote: |
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| 5 | 5 | | Yeas 7, Nays 1; May 17, 2013, sent to printer.) |
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| 6 | 6 | | |
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| 7 | 7 | | |
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| 8 | 8 | | A BILL TO BE ENTITLED |
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| 9 | 9 | | AN ACT |
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| 10 | 10 | | relating to the sale and purchase of shark fins or products derived |
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| 11 | 11 | | from shark fins; creating an offense. |
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| 12 | 12 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 13 | 13 | | SECTION 1. Section 66.216, Parks and Wildlife Code, is |
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| 14 | 14 | | amended to read as follows: |
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| 15 | 15 | | Sec. 66.216. POSSESSION OF HEADED OR TAILED FISH. (a) No |
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| 16 | 16 | | person may possess a finfish of any species taken from coastal |
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| 17 | 17 | | water, except broadbill swordfish, shark, or [and] king mackerel, |
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| 18 | 18 | | that has the head [or tail] removed unless the fish has been finally |
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| 19 | 19 | | processed and delivered to the final destination or to a certified |
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| 20 | 20 | | wholesale or retail dealer. |
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| 21 | 21 | | (b) No person may possess a finfish of any species taken |
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| 22 | 22 | | from coastal water, except broadbill swordfish or king mackerel, |
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| 23 | 23 | | that has the tail removed unless the fish has been finally processed |
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| 24 | 24 | | and delivered to the final destination or to a certified wholesale |
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| 25 | 25 | | or retail dealer. |
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| 26 | 26 | | SECTION 2. Subchapter C, Chapter 66, Parks and Wildlife |
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| 27 | 27 | | Code, is amended by adding Section 66.2161 to read as follows: |
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| 28 | 28 | | Sec. 66.2161. SALE OR PURCHASE OF SHARK FINS. (a) In this |
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| 29 | 29 | | section: |
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| 30 | 30 | | (1) "Shark" means any species of the subclass |
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| 31 | 31 | | Elasmobranchii. |
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| 32 | 32 | | (2) "Shark fin" means the fresh and uncooked, or |
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| 33 | 33 | | cooked, frozen, dried, or otherwise processed, fin or tail of a |
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| 34 | 34 | | shark. |
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| 35 | 35 | | (b) A person may not buy or offer to buy, sell or offer to |
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| 36 | 36 | | sell, possess for the purpose of sale, transport, or ship for the |
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| 37 | 37 | | purpose of sale, barter, or exchange a shark fin. |
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| 38 | 38 | | (c) Except as provided by Subsection (d), this section |
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| 39 | 39 | | applies to: |
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| 40 | 40 | | (1) the possession or transportation of any shark fin |
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| 41 | 41 | | with the intent to sell the fin regardless of where the shark was |
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| 42 | 42 | | taken or caught; and |
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| 43 | 43 | | (2) the sale or purchase of any shark fin regardless of |
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| 44 | 44 | | where the shark was taken or caught. |
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| 45 | 45 | | (d) This section does not apply to the possession or |
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| 46 | 46 | | transportation in this state of a shark fin taken or caught outside |
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| 47 | 47 | | this state and transported from a point outside this state by common |
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| 48 | 48 | | carrier without being unloaded in this state to a point of delivery |
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| 49 | 49 | | outside this state. |
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| 50 | 50 | | (e) Notwithstanding Subsection (b), the department may |
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| 51 | 51 | | issue a permit for the possession, transport, sale, or purchase of |
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| 52 | 52 | | shark fins for a bona fide scientific research purpose. |
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| 53 | 53 | | (f) When a person is charged with violating this section, |
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| 54 | 54 | | the warden or other peace officer shall seize and hold the shark fin |
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| 55 | 55 | | as evidence. Notwithstanding Section 12.109, on a final court |
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| 56 | 56 | | ruling, the department shall destroy the shark fin. |
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| 57 | 57 | | SECTION 3. Section 66.218, Parks and Wildlife Code, is |
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| 58 | 58 | | amended by adding Subsections (c) and (d) to read as follows: |
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| 59 | 59 | | (c) A person who violates Section 66.2161 or a proclamation |
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| 60 | 60 | | adopted under that section commits an offense that is a Class B |
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| 61 | 61 | | Parks and Wildlife Code misdemeanor. |
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| 62 | 62 | | (d) If it is shown at the trial for a violation of Section |
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| 63 | 63 | | 66.2161 or a proclamation adopted under that section that the |
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| 64 | 64 | | defendant has been convicted within five years before the trial |
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| 65 | 65 | | date of a violation of that section, on conviction the defendant |
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| 66 | 66 | | shall be punished for a Class A Parks and Wildlife Code misdemeanor. |
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| 67 | 67 | | SECTION 4. The change in law made by this Act applies only |
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| 68 | 68 | | to an offense committed on or after the effective date of this Act. |
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| 69 | 69 | | An offense committed before the effective date of this Act is |
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| 70 | 70 | | governed by the law in effect on the date the offense was committed, |
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| 71 | 71 | | and the former law is continued in effect for that purpose. For |
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| 72 | 72 | | purposes of this section, an offense was committed before the |
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| 73 | 73 | | effective date of this Act if any element of the offense occurred |
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| 74 | 74 | | before that date. |
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| 75 | 75 | | SECTION 5. This Act takes effect July 1, 2014. |
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| 76 | 76 | | * * * * * |
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