By: Phelan (Senate Sponsor - Creighton) H.B. No. 1260
(In the Senate - Received from the House April 26, 2017;
May 4, 2017, read first time and referred to Committee on
Agriculture, Water & Rural Affairs; May 18, 2017, reported
favorably by the following vote: Yeas 5, Nays 0; May 18, 2017,
sent to printer.)
Click here to see the committee vote
A BILL TO BE ENTITLED
AN ACT
relating to the regulation of commercial shrimp unloading;
requiring an occupational license; authorizing a fee.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 47.0091, Parks and Wildlife Code, is
amended to read as follows:
Sec. 47.0091. PURCHASE OF AQUATIC PRODUCTS BY WHOLESALE
FISH DEALERS. No wholesale fish dealer may purchase for resale or
receive for sale, barter, exchange, or any other commercial purpose
any aquatic product from any person or entity in this state unless
he purchases the product from the holder of:
(1) a general commercial fisherman's license;
(2) a commercial oyster fisherman's license;
(3) a commercial oyster boat license;
(4) a wholesale fish dealer's license;
(5) a fish farmer's license;
(6) a commercial shrimp boat license;
(7) a commercial oyster boat captain's license;
(8) a commercial shrimp boat captain's license;
(9) a commercial crab fisherman's license; [or]
(10) a commercial finfish fisherman's license; or
(11) a commercial gulf shrimp unloading license.
SECTION 2. Section 47.0111, Parks and Wildlife Code, is
amended to read as follows:
Sec. 47.0111. PURCHASE OF AQUATIC PRODUCTS BY RETAIL FISH
DEALERS. No retail fish dealer may purchase for resale or receive
for sale, barter, exchange, or any other commercial purposes any
aquatic products from any person or entity in this state unless he
purchases the product from the holder of:
(1) a wholesale fish dealer's license;
(2) a general commercial fisherman's license, a
commercial shrimp boat license, a commercial shrimp boat captain's
license, a commercial gulf shrimp unloading license, a commercial
crab fisherman's license, or a commercial finfish fisherman's
license when the retail fish dealer has given written notification
to the director or his designee of the dealer's intent to purchase
aquatic products from the holder of a general commercial
fisherman's license, a commercial shrimp boat license, a commercial
shrimp boat captain's license, a commercial crab fisherman's
license, or a commercial finfish fisherman's license; or
(3) a fish farmer's license.
SECTION 3. Section 47.012, Parks and Wildlife Code, is
amended to read as follows:
Sec. 47.012. PURCHASE OF AQUATIC PRODUCTS BY RESTAURANT
OWNER, OPERATOR, OR EMPLOYEE. No restaurant owner, operator, or
employee may purchase for consumption by the restaurant's patrons
on the restaurant's premises any aquatic product from any person or
entity in this state unless the person purchases the aquatic
product from the holder of:
(1) a wholesale fish dealer's license;
(2) a general commercial fisherman's license;
(3) a fish farmer's license;
(4) a commercial shrimp boat license;
(5) a commercial shrimp boat captain's license;
(6) a commercial crab fisherman's license; [or]
(7) a commercial finfish fisherman's license; or
(8) a commercial gulf shrimp unloading license.
SECTION 4. Subchapter C, Chapter 77, Parks and Wildlife
Code, is amended by adding Section 77.034 to read as follows:
Sec. 77.034. COMMERCIAL GULF SHRIMP UNLOADING LICENSE. (a)
Except as provided by Subsection (b), no person may unload or allow
to be unloaded at a port or point in this state shrimp or other
aquatic products caught or taken from the outside water or from salt
water outside the state without having been previously unloaded in
some other state or foreign country, unless the person has
obtained:
(1) a commercial gulf shrimp unloading license; and
(2) a federal commercial vessel permit for gulf shrimp
from the National Oceanic and Atmospheric Administration.
(b) A person holding a valid resident or nonresident
commercial gulf shrimp boat license is exempt from the requirement
to hold a commercial gulf shrimp unloading license.
(c) A vessel operating under a commercial gulf shrimp
unloading license must make a nonstop progression through outside
waters to a place of unloading. The commission shall adopt rules for
the requirements of trawl gear storage for a vessel who holds a
commercial gulf shrimp unloading license while that vessel is
making a nonstop progression through outside waters to a place of
unloading.
(d) The fee for a commercial gulf shrimp unloading license
is $1485, or an amount set by the commission, whichever amount is
more.
SECTION 5. Section 77.035(a), Parks and Wildlife Code, is
amended to read as follows:
(a) Except as permitted under Section 77.034, no [No] person
may operate a commercial gulf shrimp boat for catching or assisting
in catching shrimp and other edible aquatic products from the
outside water, or have on board a boat, or unload, or allow to be
unloaded at a port or point in this state, shrimp and other edible
aquatic products caught or taken from the outside water or from salt
water outside the state without having been previously unloaded in
some other state or foreign country, unless the owner of the boat
has obtained a commercial gulf shrimp boat license.
SECTION 6. Sections 77.0352(a) and (b), Parks and Wildlife
Code, are amended to read as follows:
(a) The holder of a commercial shrimp boat license or
commercial gulf shrimp unloading license may sell only the catch of
shrimp from the vessel to which the commercial shrimp boat license
or commercial gulf shrimp unloading license applies.
(b) The holder of a commercial shrimp boat license or
commercial gulf shrimp unloading license may sell aquatic products
other than shrimp if those aquatic products:
(1) were taken incidental to lawful shrimping on the
vessel to which the commercial shrimp boat license or commercial
gulf shrimp unloading license applies; and
(2) comply with all applicable provisions of this code
or commission regulations.
SECTION 7. Section 77.039(a), Parks and Wildlife Code, is
amended to read as follows:
(a) A commercial shrimp boat license or commercial gulf
shrimp unloading license issued under this subchapter must be a
sign or emblem at least 32 square inches in size and be constructed
of a durable material.
SECTION 8. The Parks and Wildlife Commission shall adopt
rules not later than September 1, 2018, to implement Sections
77.034, Parks and Wildlife Code, as added by this Act, and 77.039,
Parks and Wildlife Code, as amended by this Act.
SECTION 9. This Act takes effect September 1, 2017.
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