Texas 2017 - 85th Regular

Texas House Bill HB1260 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	By: Phelan (Senate Sponsor - Creighton) H.B. No. 1260
2		-	(In the Senate - Received from the House April 26, 2017;
3		-	May 4, 2017, read first time and referred to Committee on
4		-	Agriculture, Water & Rural Affairs; May 18, 2017, reported
5		-	favorably by the following vote: Yeas 5, Nays 0; May 18, 2017,
6		-	sent to printer.)
7		-	Click here to see the committee vote
	1	+	H.B. No. 1260
8	2
9	3
10		-	A BILL TO BE ENTITLED
11	4		AN ACT
12	5		relating to the regulation of commercial shrimp unloading;
13	6		requiring an occupational license; authorizing a fee.
14	7		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
15	8		SECTION 1. Section 47.0091, Parks and Wildlife Code, is
16	9		amended to read as follows:
17	10		Sec. 47.0091. PURCHASE OF AQUATIC PRODUCTS BY WHOLESALE
18	11		FISH DEALERS. No wholesale fish dealer may purchase for resale or
19	12		receive for sale, barter, exchange, or any other commercial purpose
20	13		any aquatic product from any person or entity in this state unless
21	14		he purchases the product from the holder of:
22	15		(1) a general commercial fisherman's license;
23	16		(2) a commercial oyster fisherman's license;
24	17		(3) a commercial oyster boat license;
25	18		(4) a wholesale fish dealer's license;
26	19		(5) a fish farmer's license;
27	20		(6) a commercial shrimp boat license;
28	21		(7) a commercial oyster boat captain's license;
29	22		(8) a commercial shrimp boat captain's license;
30	23		(9) a commercial crab fisherman's license; [or]
31	24		(10) a commercial finfish fisherman's license; or
32	25		(11) a commercial gulf shrimp unloading license.
33	26		SECTION 2. Section 47.0111, Parks and Wildlife Code, is
34	27		amended to read as follows:
35	28		Sec. 47.0111. PURCHASE OF AQUATIC PRODUCTS BY RETAIL FISH
36	29		DEALERS. No retail fish dealer may purchase for resale or receive
37	30		for sale, barter, exchange, or any other commercial purposes any
38	31		aquatic products from any person or entity in this state unless he
39	32		purchases the product from the holder of:
40	33		(1) a wholesale fish dealer's license;
41	34		(2) a general commercial fisherman's license, a
42	35		commercial shrimp boat license, a commercial shrimp boat captain's
43	36		license, a commercial gulf shrimp unloading license, a commercial
44	37		crab fisherman's license, or a commercial finfish fisherman's
45	38		license when the retail fish dealer has given written notification
46	39		to the director or his designee of the dealer's intent to purchase
47	40		aquatic products from the holder of a general commercial
48	41		fisherman's license, a commercial shrimp boat license, a commercial
49	42		shrimp boat captain's license, a commercial crab fisherman's
50	43		license, or a commercial finfish fisherman's license; or
51	44		(3) a fish farmer's license.
52	45		SECTION 3. Section 47.012, Parks and Wildlife Code, is
53	46		amended to read as follows:
54	47		Sec. 47.012. PURCHASE OF AQUATIC PRODUCTS BY RESTAURANT
55	48		OWNER, OPERATOR, OR EMPLOYEE. No restaurant owner, operator, or
56	49		employee may purchase for consumption by the restaurant's patrons
57	50		on the restaurant's premises any aquatic product from any person or
58	51		entity in this state unless the person purchases the aquatic
59	52		product from the holder of:
60	53		(1) a wholesale fish dealer's license;
61	54		(2) a general commercial fisherman's license;
62	55		(3) a fish farmer's license;
63	56		(4) a commercial shrimp boat license;
64	57		(5) a commercial shrimp boat captain's license;
65	58		(6) a commercial crab fisherman's license; [or]
66	59		(7) a commercial finfish fisherman's license; or
67	60		(8) a commercial gulf shrimp unloading license.
68	61		SECTION 4. Subchapter C, Chapter 77, Parks and Wildlife
69	62		Code, is amended by adding Section 77.034 to read as follows:
70	63		Sec. 77.034. COMMERCIAL GULF SHRIMP UNLOADING LICENSE. (a)
71	64		Except as provided by Subsection (b), no person may unload or allow
72	65		to be unloaded at a port or point in this state shrimp or other
73	66		aquatic products caught or taken from the outside water or from salt
74	67		water outside the state without having been previously unloaded in
75	68		some other state or foreign country, unless the person has
76	69		obtained:
77	70		(1) a commercial gulf shrimp unloading license; and
78	71		(2) a federal commercial vessel permit for gulf shrimp
79	72		from the National Oceanic and Atmospheric Administration.
80	73		(b) A person holding a valid resident or nonresident
81	74		commercial gulf shrimp boat license is exempt from the requirement
82	75		to hold a commercial gulf shrimp unloading license.
83	76		(c) A vessel operating under a commercial gulf shrimp
84	77		unloading license must make a nonstop progression through outside
85	78		waters to a place of unloading. The commission shall adopt rules for
86	79		the requirements of trawl gear storage for a vessel who holds a
87	80		commercial gulf shrimp unloading license while that vessel is
88	81		making a nonstop progression through outside waters to a place of
89	82		unloading.
90	83		(d) The fee for a commercial gulf shrimp unloading license
91	84		is $1485, or an amount set by the commission, whichever amount is
92	85		more.
93	86		SECTION 5. Section 77.035(a), Parks and Wildlife Code, is
94	87		amended to read as follows:
95	88		(a) Except as permitted under Section 77.034, no [No] person
96	89		may operate a commercial gulf shrimp boat for catching or assisting
97	90		in catching shrimp and other edible aquatic products from the
98	91		outside water, or have on board a boat, or unload, or allow to be
99	92		unloaded at a port or point in this state, shrimp and other edible
100	93		aquatic products caught or taken from the outside water or from salt
101	94		water outside the state without having been previously unloaded in
102	95		some other state or foreign country, unless the owner of the boat
103	96		has obtained a commercial gulf shrimp boat license.
104	97		SECTION 6. Sections 77.0352(a) and (b), Parks and Wildlife
105	98		Code, are amended to read as follows:
106	99		(a) The holder of a commercial shrimp boat license or
107	100		commercial gulf shrimp unloading license may sell only the catch of
108	101		shrimp from the vessel to which the commercial shrimp boat license
109	102		or commercial gulf shrimp unloading license applies.
110	103		(b) The holder of a commercial shrimp boat license or
111	104		commercial gulf shrimp unloading license may sell aquatic products
112	105		other than shrimp if those aquatic products:
113	106		(1) were taken incidental to lawful shrimping on the
114	107		vessel to which the commercial shrimp boat license or commercial
115	108		gulf shrimp unloading license applies; and
116	109		(2) comply with all applicable provisions of this code
117	110		or commission regulations.
118	111		SECTION 7. Section 77.039(a), Parks and Wildlife Code, is
119	112		amended to read as follows:
120	113		(a) A commercial shrimp boat license or commercial gulf
121	114		shrimp unloading license issued under this subchapter must be a
122	115		sign or emblem at least 32 square inches in size and be constructed
123	116		of a durable material.
124	117		SECTION 8. The Parks and Wildlife Commission shall adopt
125	118		rules not later than September 1, 2018, to implement Sections
126	119		77.034, Parks and Wildlife Code, as added by this Act, and 77.039,
127	120		Parks and Wildlife Code, as amended by this Act.
128	121		SECTION 9. This Act takes effect September 1, 2017.
129		-	* * * * *
	122	+	______________________________ ______________________________
	123	+	President of the Senate Speaker of the House
	124	+	I certify that H.B. No. 1260 was passed by the House on April
	125	+	25, 2017, by the following vote: Yeas 129, Nays 13, 2 present, not
	126	+	voting.
	127	+	______________________________
	128	+	Chief Clerk of the House
	129	+	I certify that H.B. No. 1260 was passed by the Senate on May
	130	+	22, 2017, by the following vote: Yeas 29, Nays 2.
	131	+	______________________________
	132	+	Secretary of the Senate
	133	+	APPROVED: _____________________
	134	+	Date
	135	+	_____________________
	136	+	Governor