| 1 | 1 | | 84R17097 SGA-F |
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| 2 | 2 | | By: Guillen H.B. No. 1189 |
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| 3 | 3 | | Substitute the following for H.B. No. 1189: |
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| 4 | 4 | | By: Murr C.S.H.B. No. 1189 |
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| 5 | 5 | | |
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| 6 | 6 | | |
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| 7 | 7 | | A BILL TO BE ENTITLED |
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| 8 | 8 | | AN ACT |
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| 9 | 9 | | relating to the management of commercial oyster boats in this |
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| 10 | 10 | | state; amending a provision subject to a criminal penalty. |
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| 11 | 11 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 12 | 12 | | SECTION 1. Section 76.119(a), Parks and Wildlife Code, is |
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| 13 | 13 | | amended to read as follows: |
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| 14 | 14 | | (a) If a vessel licensed as a commercial oyster boat is |
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| 15 | 15 | | involved in a violation of this chapter, the captain of the vessel |
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| 16 | 16 | | licensed as a commercial oyster boat is primarily responsible for |
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| 17 | 17 | | the violation. A member of the crew of a vessel licensed as a |
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| 18 | 18 | | commercial oyster boat is not guilty of a violation unless the |
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| 19 | 19 | | member of the crew committed the violation against the captain's |
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| 20 | 20 | | orders, except for a violation of Section 76.109, 76.112, or |
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| 21 | 21 | | 76.116, in which case each person on the vessel is responsible for |
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| 22 | 22 | | the violation. |
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| 23 | 23 | | SECTION 2. Subchapter E, Chapter 76, Parks and Wildlife |
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| 24 | 24 | | Code, is amended by adding Section 76.304 to read as follows: |
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| 25 | 25 | | Sec. 76.304. VESSEL MONITORING SYSTEM. (a) The commission |
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| 26 | 26 | | by proclamation may establish a vessel monitoring system for |
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| 27 | 27 | | commercial oyster boats. |
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| 28 | 28 | | (b) Before the commission issues a proclamation under |
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| 29 | 29 | | Subsection (a), the department shall consult with commercial oyster |
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| 30 | 30 | | boat license holders concerning establishment of a vessel |
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| 31 | 31 | | monitoring system. |
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| 32 | 32 | | SECTION 3. Subchapter F, Chapter 76, Parks and Wildlife |
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| 33 | 33 | | Code, is amended by adding Sections 76.405, 76.406, and 76.407 to |
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| 34 | 34 | | read as follows: |
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| 35 | 35 | | Sec. 76.405. LICENSE BUYBACK PROGRAM. (a) The department |
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| 36 | 36 | | shall implement a license buyback program for licenses issued under |
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| 37 | 37 | | this subchapter as part of the oyster license moratorium program |
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| 38 | 38 | | established by this subchapter. |
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| 39 | 39 | | (b) The commission by rule shall establish criteria, using |
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| 40 | 40 | | reasonable classifications, for the department's use in selecting |
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| 41 | 41 | | licenses to be purchased. The department or executive director |
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| 42 | 42 | | shall consult with the oyster license moratorium review board |
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| 43 | 43 | | concerning establishment of the criteria. |
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| 44 | 44 | | (c) The department shall retire each license purchased |
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| 45 | 45 | | under the license buyback program until the commission finds that |
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| 46 | 46 | | management of the oyster fishery allows reissue of those licenses |
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| 47 | 47 | | through auction or lottery. |
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| 48 | 48 | | (d) The department shall set aside an amount determined by |
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| 49 | 49 | | commission rule that is at least 20 percent of the fees from |
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| 50 | 50 | | licenses issued under this subchapter to be used only for the |
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| 51 | 51 | | purpose of buying back commercial oyster boat licenses from willing |
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| 52 | 52 | | license holders. That money shall be sent to the comptroller for |
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| 53 | 53 | | deposit to the credit of the game, fish, and water safety account. |
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| 54 | 54 | | (e) The department may solicit and accept grants and |
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| 55 | 55 | | donations of money or materials from private or public sources for |
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| 56 | 56 | | the purpose of buying back licenses issued under this subchapter |
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| 57 | 57 | | from willing license holders. |
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| 58 | 58 | | (f) Money to be used for the purpose of buying back licenses |
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| 59 | 59 | | issued under this subchapter is not subject to Section 403.095, |
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| 60 | 60 | | Government Code. |
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| 61 | 61 | | (g) The commission shall consider the social and economic |
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| 62 | 62 | | viability of the oyster industry and input from the oyster license |
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| 63 | 63 | | moratorium review board regarding the reissue of commercial oyster |
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| 64 | 64 | | boat licenses through auction or lottery. |
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| 65 | 65 | | Sec. 76.406. PREVAILING AUTHORITY. A proclamation of the |
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| 66 | 66 | | commission under this subchapter prevails over any conflicting |
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| 67 | 67 | | provision of this chapter to the extent of the conflict. |
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| 68 | 68 | | Sec. 76.407. REPORT TO LEGISLATURE. (a) Not later than |
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| 69 | 69 | | November 1, 2018, the department shall report to the governor and |
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| 70 | 70 | | each member of the legislature an overview of the administration |
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| 71 | 71 | | and status of the oyster license buyback program, including the |
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| 72 | 72 | | biological, sociological, and economic effects of the program. |
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| 73 | 73 | | (b) This section expires September 1, 2019. |
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| 74 | 74 | | SECTION 4. The Parks and Wildlife Commission shall adopt |
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| 75 | 75 | | any rules required to implement Sections 76.405, 76.406, and |
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| 76 | 76 | | 76.407, Parks and Wildlife Code, as added by this Act, not later |
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| 77 | 77 | | than June 1, 2016. |
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| 78 | 78 | | SECTION 5. (a) Except as provided by Subsection (b) of this |
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| 79 | 79 | | section, this Act takes effect September 1, 2015. |
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| 80 | 80 | | (b) Sections 76.405, 76.406, and 76.407, Parks and Wildlife |
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| 81 | 81 | | Code, as added by this Act, take effect June 1, 2016. |
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