By: Lucio III, et al. (Senate Sponsor - Lucio) H.B. No. 1579
(In the Senate - Received from the House April 20, 2015;
May 4, 2015, read first time and referred to Committee on
Agriculture, Water, and Rural Affairs; May 24, 2015, reported
favorably by the following vote: Yeas 5, Nays 1; May 24, 2015, sent
to printer.)
A BILL TO BE ENTITLED
AN ACT
relating to the sale and purchase of shark fins or products derived
from shark fins; creating a criminal offense.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 66.216, Parks and Wildlife Code, is
amended to read as follows:
Sec. 66.216. POSSESSION OF HEADED OR TAILED FISH. (a) No
person may possess a finfish of any species taken from coastal
water, except broadbill swordfish, shark, or [and] king mackerel,
that has the head [or tail] removed unless the fish has been finally
processed and delivered to the final destination or to a certified
wholesale or retail dealer.
(b) No person may possess a finfish of any species taken
from coastal water, except broadbill swordfish or king mackerel,
that has the tail removed unless the fish has been finally processed
and delivered to the final destination or to a certified wholesale
or retail dealer.
SECTION 2. Subchapter C, Chapter 66, Parks and Wildlife
Code, is amended by adding Section 66.2161 to read as follows:
Sec. 66.2161. SALE OR PURCHASE OF SHARK FINS. (a) In this
section:
(1) "Shark" means any species of the subclass
Elasmobranchii.
(2) "Shark fin" means the fresh and uncooked, or
cooked, frozen, dried, or otherwise processed, detached fin or tail
of a shark.
(b) A person may not buy or offer to buy, sell or offer to
sell, possess for the purpose of sale, transport, or ship for the
purpose of sale, barter, or exchange a shark fin regardless of where
the shark was taken or caught.
(c) A person may buy or offer to buy, sell or offer to sell,
possess for the purpose of sale, transport, or ship for the purpose
of sale, barter, or exchange a shark carcass that retains all of its
fins naturally attached to the carcass through some portion of
uncut skin.
(d) Notwithstanding Subsection (b), the department may
issue a permit for the possession, transport, sale, or purchase of
shark fins for a bona fide scientific research purpose.
(e) When a person is charged with violating this section,
the warden or other peace officer shall seize and hold the shark fin
as evidence. Notwithstanding Section 12.109, on a final court
ruling, the department shall destroy the shark fin.
(f) A person may possess a shark fin if:
(1) the person holds the appropriate state or federal
license or permit authorizing the taking or landing of a shark for
recreational or commercial purposes;
(2) the shark fin is taken from a shark that the person
has taken or landed; and
(3) the shark fin is taken in a manner consistent with
the person's license.
SECTION 3. Section 66.218, Parks and Wildlife Code, is
amended by adding Subsections (c) and (d) to read as follows:
(c) A person who violates Section 66.2161 or a proclamation
adopted under that section commits an offense that is a Class B
Parks and Wildlife Code misdemeanor.
(d) If it is shown at the trial for a violation of Section
66.2161 or a proclamation adopted under that section that the
defendant has been convicted within five years before the trial
date of a violation of that section, on conviction the defendant
shall be punished for a Class A Parks and Wildlife Code misdemeanor.
SECTION 4. The change in law made by this Act applies only
to an offense committed on or after the effective date of this Act.
An offense committed before the effective date of this Act is
governed by the law in effect on the date the offense was committed,
and the former law is continued in effect for that purpose. For
purposes of this section, an offense was committed before the
effective date of this Act if any element of the offense occurred
before that date.
SECTION 5. This Act takes effect July 1, 2016.
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