Texas 2015 - 84th Regular

Texas House Bill HB1579 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	By: Lucio III, et al. (Senate Sponsor - Lucio) H.B. No. 1579
2		-	(In the Senate - Received from the House April 20, 2015;
3		-	May 4, 2015, read first time and referred to Committee on
4		-	Agriculture, Water, and Rural Affairs; May 24, 2015, reported
5		-	favorably by the following vote: Yeas 5, Nays 1; May 24, 2015, sent
6		-	to printer.)
	1	+	H.B. No. 1579
7	2
8	3
9		-	A BILL TO BE ENTITLED
10	4		AN ACT
11	5		relating to the sale and purchase of shark fins or products derived
12	6		from shark fins; creating a criminal offense.
13	7		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
14	8		SECTION 1. Section 66.216, Parks and Wildlife Code, is
15	9		amended to read as follows:
16	10		Sec. 66.216. POSSESSION OF HEADED OR TAILED FISH. (a) No
17	11		person may possess a finfish of any species taken from coastal
18	12		water, except broadbill swordfish, shark, or [and] king mackerel,
19	13		that has the head [or tail] removed unless the fish has been finally
20	14		processed and delivered to the final destination or to a certified
21	15		wholesale or retail dealer.
22	16		(b) No person may possess a finfish of any species taken
23	17		from coastal water, except broadbill swordfish or king mackerel,
24	18		that has the tail removed unless the fish has been finally processed
25	19		and delivered to the final destination or to a certified wholesale
26	20		or retail dealer.
27	21		SECTION 2. Subchapter C, Chapter 66, Parks and Wildlife
28	22		Code, is amended by adding Section 66.2161 to read as follows:
29	23		Sec. 66.2161. SALE OR PURCHASE OF SHARK FINS. (a) In this
30	24		section:
31	25		(1) "Shark" means any species of the subclass
32	26		Elasmobranchii.
33	27		(2) "Shark fin" means the fresh and uncooked, or
34	28		cooked, frozen, dried, or otherwise processed, detached fin or tail
35	29		of a shark.
36	30		(b) A person may not buy or offer to buy, sell or offer to
37	31		sell, possess for the purpose of sale, transport, or ship for the
38	32		purpose of sale, barter, or exchange a shark fin regardless of where
39	33		the shark was taken or caught.
40	34		(c) A person may buy or offer to buy, sell or offer to sell,
41	35		possess for the purpose of sale, transport, or ship for the purpose
42	36		of sale, barter, or exchange a shark carcass that retains all of its
43	37		fins naturally attached to the carcass through some portion of
44	38		uncut skin.
45	39		(d) Notwithstanding Subsection (b), the department may
46	40		issue a permit for the possession, transport, sale, or purchase of
47	41		shark fins for a bona fide scientific research purpose.
48	42		(e) When a person is charged with violating this section,
49	43		the warden or other peace officer shall seize and hold the shark fin
50	44		as evidence. Notwithstanding Section 12.109, on a final court
51	45		ruling, the department shall destroy the shark fin.
52	46		(f) A person may possess a shark fin if:
53	47		(1) the person holds the appropriate state or federal
54	48		license or permit authorizing the taking or landing of a shark for
55	49		recreational or commercial purposes;
56	50		(2) the shark fin is taken from a shark that the person
57	51		has taken or landed; and
58	52		(3) the shark fin is taken in a manner consistent with
59	53		the person's license.
60	54		SECTION 3. Section 66.218, Parks and Wildlife Code, is
61	55		amended by adding Subsections (c) and (d) to read as follows:
62	56		(c) A person who violates Section 66.2161 or a proclamation
63	57		adopted under that section commits an offense that is a Class B
64	58		Parks and Wildlife Code misdemeanor.
65	59		(d) If it is shown at the trial for a violation of Section
66	60		66.2161 or a proclamation adopted under that section that the
67	61		defendant has been convicted within five years before the trial
68	62		date of a violation of that section, on conviction the defendant
69	63		shall be punished for a Class A Parks and Wildlife Code misdemeanor.
70	64		SECTION 4. The change in law made by this Act applies only
71	65		to an offense committed on or after the effective date of this Act.
72	66		An offense committed before the effective date of this Act is
73	67		governed by the law in effect on the date the offense was committed,
74	68		and the former law is continued in effect for that purpose. For
75	69		purposes of this section, an offense was committed before the
76	70		effective date of this Act if any element of the offense occurred
77	71		before that date.
78	72		SECTION 5. This Act takes effect July 1, 2016.
79		-	* * * * *
	73	+	______________________________ ______________________________
	74	+	President of the Senate Speaker of the House
	75	+	I certify that H.B. No. 1579 was passed by the House on April
	76	+	16, 2015, by the following vote: Yeas 116, Nays 28, 2 present, not
	77	+	voting.
	78	+	______________________________
	79	+	Chief Clerk of the House
	80	+	I certify that H.B. No. 1579 was passed by the Senate on May
	81	+	27, 2015, by the following vote: Yeas 24, Nays 7.
	82	+	______________________________
	83	+	Secretary of the Senate
	84	+	APPROVED: _____________________
	85	+	Date
	86	+	_____________________
	87	+	Governor