Texas 2017 - 85th Regular

Texas House Bill HB51 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	85R857 SGA-F
2		-	By: Guillen H.B. No. 51
	1	+	H.B. No. 51
3	2
4	3
5		-	A BILL TO BE ENTITLED
6	4		AN ACT
7		-	relating to ~~the management~~ of commercial oyster ~~boats~~ in this
8		-	state.
	5	+	relating to regulation of the commercial oyster industry in this
	6	+	state; increasing criminal penalties; authorizing a fee.
9	7		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10		-	SECTION 1. Section 76.119(a), Parks and Wildlife Code, is
11		-	amended to read as follows:
	8	+	SECTION 1. Subchapter A, Chapter 76, Parks and Wildlife
	9	+	Code, is amended by adding Section 76.0205 to read as follows:
	10	+	Sec. 76.0205. SUSTAINABILITY OF OYSTER INDUSTRY. (a) In
	11	+	order to enhance the viability of commercial oyster fishing and
	12	+	ensure the sustainability of the oyster industry to accommodate the
	13	+	highest number of commercial oyster fishing boats, a person who
	14	+	purchases oysters under Section 47.0091 and holds a shellfish
	15	+	certificate, as defined by Section 436.002, Health and Safety Code,
	16	+	must:
	17	+	(1) distribute, in an area designated by the
	18	+	department, oyster shells or other cultch material approved by the
	19	+	department in an amount equal to not less than 30 percent of the
	20	+	total volume of oysters purchased by the person in the previous
	21	+	license year; or
	22	+	(2) pay a fee to the department in an amount calculated
	23	+	under Subsection (c).
	24	+	(b) The distribution of oyster shells or other cultch
	25	+	material must be directly supervised by an agent or employee of the
	26	+	department.
	27	+	(c) The department shall calculate the current market cost
	28	+	of the acquisition and deposition of cultch material on a per cubic
	29	+	yard basis. The fee charged under Subsection (a)(2) is the market
	30	+	cost established under this subsection multiplied by 30 percent of
	31	+	the total volume of oysters purchased by the person in the previous
	32	+	license year. The fee charged under this section shall be deposited
	33	+	to the credit of the oyster shell recovery and replacement program
	34	+	account.
	35	+	(d) A person who possesses oysters that do not meet the
	36	+	requirements of Section 76.112:
	37	+	(1) shall replace the oysters in the beds from which
	38	+	they were taken as directed by an authorized employee of the
	39	+	department; and
	40	+	(2) is subject to any penalty and must perform any
	41	+	remedy authorized by law.
	42	+	SECTION 2. Sections 76.101(b) and (d), Parks and Wildlife
	43	+	Code, are amended to read as follows:
	44	+	(b) No [Except as provided in Subsection (d) of this
	45	+	section, no] person may take or attempt to take oysters from the
	46	+	public water of this state, without the use of a boat, for pay or for
	47	+	the purpose of sale, barter, or exchange or any other commercial
	48	+	purpose without first having acquired from the department a
	49	+	commercial oyster fisherman's license.
	50	+	(d) Each member of the [The captain and] crew of a licensed
	51	+	commercial oyster boat is [are not] required to have a general
	52	+	commercial [oyster] fisherman's license [licenses] to take oysters
	53	+	while they are on a licensed boat that is being used to take
	54	+	oysters.
	55	+	SECTION 3. Section 76.118, Parks and Wildlife Code, is
	56	+	amended by amending Subsection (a) and adding Subsections (e-2),
	57	+	(e-3), (e-4), and (e-5) to read as follows:
	58	+	(a) Except as provided in Subsections (b), [and] (c), (e-2),
	59	+	and (e-3) [of this section], a person who violates a provision of
	60	+	this subchapter or a regulation of the commission issued under this
	61	+	subchapter commits an offense that is a Class C Parks and Wildlife
	62	+	Code misdemeanor.
	63	+	(e-2) The punishment for an offense otherwise punishable
	64	+	under Subsection (a) is a Class B Parks and Wildlife misdemeanor if
	65	+	it is shown on the trial of the offense that:
	66	+	(1) the defendant is the captain of a commercial
	67	+	oyster boat or a member of the crew of a commercial oyster boat;
	68	+	(2) the provision or regulation violated relates to
	69	+	oyster size; and
	70	+	(3) the defendant has previously been convicted at
	71	+	least twice for a violation of a provision or regulation relating to
	72	+	oyster size.
	73	+	(e-3) The punishment for an offense otherwise punishable
	74	+	under Subsection (a) is a Class C Parks and Wildlife misdemeanor,
	75	+	with an attendant license suspension under Section 76.1181, if it
	76	+	is shown on the trial of the offense that:
	77	+	(1) the defendant is the captain of a commercial
	78	+	oyster boat or a member of the crew of a commercial oyster boat;
	79	+	(2) the provision or regulation violated relates to
	80	+	oyster size and the defendant was in possession of a cargo of
	81	+	oysters in which 30 percent or more of the oysters measured less
	82	+	than three inches in length along an imaginary straight line
	83	+	through the long axis of the shell; and
	84	+	(3) the defendant has previously been convicted one
	85	+	time for a violation of a provision or regulation relating to oyster
	86	+	size and the defendant was in possession of a cargo of oysters in
	87	+	which 30 percent or more of the oysters measured less than three
	88	+	inches in length along an imaginary straight line through the long
	89	+	axis of the shell.
	90	+	(e-4) The punishment for an offense otherwise punishable
	91	+	under Subsection (a) is a Class B Parks and Wildlife misdemeanor,
	92	+	with an attendant license suspension under Section 76.1181, if it
	93	+	is shown on the trial of the offense that:
	94	+	(1) the defendant is the captain of a commercial
	95	+	oyster boat or a member of the crew of a commercial oyster boat;
	96	+	(2) the provision or regulation violated relates to
	97	+	oyster size and the defendant was in possession of a cargo of
	98	+	oysters in which 30 percent or more of the oysters measured less
	99	+	than three inches in length along an imaginary straight line
	100	+	through the long axis of the shell; and
	101	+	(3) the defendant has previously been convicted at
	102	+	least two times for a violation of a provision or regulation
	103	+	relating to oyster size and the defendant during both offenses was
	104	+	in possession of a cargo of oysters in which 30 percent or more of
	105	+	the oysters measured less than three inches in length along an
	106	+	imaginary straight line through the long axis of the shell.
	107	+	(e-5) It is a defense to prosecution under Subsection (a)
	108	+	for a violation of a statute or regulation adopted relating to
	109	+	oyster size that the defendant is a person who purchased oysters
	110	+	from the captain or a member of the crew of a commercial oyster boat
	111	+	and the purchaser was in possession of a cargo of oysters in which
	112	+	less than 30 percent of the oysters were less than three inches in
	113	+	length along an imaginary straight line through the long axis of the
	114	+	shell.
	115	+	SECTION 4. Subchapter C, Chapter 76, Parks and Wildlife
	116	+	Code, is amended by adding Section 76.1181 to read as follows:
	117	+	Sec. 76.1181. SUSPENSION OF LICENSE. (a) For purposes of
	118	+	this section, "final conviction" includes a plea of guilty or nolo
	119	+	contendere to or the imposition of deferred adjudication for an
	120	+	offense.
	121	+	(b) On final conviction for an offense punishable under
	122	+	Section 76.118(e-3) or (e-4), the commercial oyster boat license of
	123	+	the boat used in the commission of the violation is suspended for 30
	124	+	days.
	125	+	(c) On final conviction for an offense punishable under
	126	+	Section 76.118(e-3) or (e-4), the commercial oyster boat captain's
	127	+	license of the captain of the boat used in the commission of the
	128	+	violation is suspended for 30 days. During the period of
	129	+	suspension, the holder of the suspended license may not purchase a
	130	+	general commercial fisherman's license or a commercial oyster
	131	+	fisherman's license.
	132	+	(d) On final conviction for an offense punishable under
	133	+	Section 76.118(e-3) or (e-4), the general commercial fisherman's
	134	+	license of a member of the crew of a boat on which the violation was
	135	+	committed is suspended for 30 days. During the suspension period,
	136	+	the holder of the suspended license may not purchase a commercial
	137	+	oyster boat captain's license or a commercial oyster fisherman's
	138	+	license.
	139	+	(d-1) On final conviction for an offense punishable under
	140	+	Section 76.118(e-3) or (e-4), the commercial oyster fisherman's
	141	+	license of the person who takes or attempts to take oysters without
	142	+	the use of a boat is suspended for 30 days.
	143	+	(e) On final conviction for the third offense within five
	144	+	years of the commission of an offense punishable under Section
	145	+	76.118, for a violation of a provision or regulation relating to
	146	+	oyster size in which the conviction was for possession of a cargo of
	147	+	oysters in which 30 percent or more of the oysters measured less
	148	+	than three inches in length along an imaginary straight line
	149	+	through the long axis of the shell, any license issued by the
	150	+	department to a person that purchases oysters is suspended for 30
	151	+	days. During the suspension period, the holder of the suspended
	152	+	license may not purchase a license issued by the department
	153	+	allowing the taking or purchase of oysters.
	154	+	(f) A suspension period described by this section must be
	155	+	served during the public oyster season in which the violation
	156	+	occurred, unless less than 30 days remain in the public oyster
	157	+	season, in which case the suspension must be served at the beginning
	158	+	of the next public oyster season.
	159	+	SECTION 5. Section 76.119, Parks and Wildlife Code, is
	160	+	amended by amending Subsection (a) and adding Subsections (c) and
	161	+	(d) to read as follows:
12	162		(a) If a vessel licensed as a commercial oyster boat is
13	163		involved in a violation of this chapter, the captain of the vessel
14	164		licensed as a commercial oyster boat is primarily responsible for
15	165		the violation. A member of the crew of a vessel licensed as a
16	166		commercial oyster boat is not guilty of a violation unless the
17	167		member of the crew committed the violation against the captain's
18	168		orders, except for a violation of Section 76.109, 76.112, or
19	169		76.116, in which case each person on the vessel is responsible for
20	170		the violation.
21		-	SECTION 2. Subchapter E, Chapter 76, Parks and Wildlife
	171	+	(c) The captain of a vessel licensed as a commercial oyster
	172	+	boat shall identify the name of the captain, the vessel, and each
	173	+	member of the crew to each purchaser of oysters.
	174	+	(d) A person who purchases oysters under Section 47.0091,
	175	+	who holds a shellfish certificate as defined by Section 436.002,
	176	+	Health and Safety Code, and who purchases oysters from a captain of
	177	+	a vessel licensed as a commercial oyster boat, the holder of a
	178	+	commercial oyster boat license, or a member of the crew of a
	179	+	commercial oyster boat in violation of Section 76.109 or 76.112 or
	180	+	this section may not possess the oysters and is subject to any
	181	+	penalty prescribed by law.
	182	+	SECTION 6. Section 76.301, Parks and Wildlife Code, is
	183	+	amended by amending Subsections (c) and (f) and adding Subsection
	184	+	(h) to read as follows:
	185	+	(c) A proclamation issued under Subsection (a) of this
	186	+	section may limit the quantity and size of oysters that may be
	187	+	taken, possessed, sold, or purchased and may prescribe the times,
	188	+	places, conditions, and means and manner of taking oysters.
	189	+	[However, measures dealing with sale and purchase may only be
	190	+	implemented at first sale or exchange transaction.]
	191	+	(f) A person who violates a proclamation issued under
	192	+	[Subsection (a) of] this subchapter [section] commits an offense
	193	+	that is a Parks and Wildlife Code Class C misdemeanor. [An offense
	194	+	under this section is punishable by a fine of not less than $25 nor
	195	+	more than $200.]
	196	+	(h) A proclamation of the commission under this section
	197	+	applies to any person who:
	198	+	(1) purchases oysters from the captain of a commercial
	199	+	oyster boat, the holder of a commercial oyster boat license, or a
	200	+	member of the crew of a commercial oyster boat;
	201	+	(2) purchases oysters under Section 47.0091; and
	202	+	(3) holds a shellfish certificate, as defined by
	203	+	Section 436.002, Health and Safety Code.
	204	+	SECTION 7. Subchapter E, Chapter 76, Parks and Wildlife
22	205		Code, is amended by adding Section 76.304 to read as follows:
23	206		Sec. 76.304. VESSEL MONITORING SYSTEM. (a) The commission
24	207		by proclamation may establish a vessel monitoring system for
25	208		commercial oyster boats.
26	209		(b) Before the commission issues a proclamation under
27	210		Subsection (a), the department shall consult with commercial oyster
28	211		boat license holders concerning establishment of a vessel
29	212		monitoring system.
30		-	SECTION 3. Subchapter F, Chapter 76, Parks and Wildlife
	213	+	SECTION 8. Subchapter F, Chapter 76, Parks and Wildlife
31	214		Code, is amended by adding Sections 76.405, 76.406, and 76.407 to
32	215		read as follows:
33	216		Sec. 76.405. LICENSE BUYBACK PROGRAM. (a) The department
34	217		shall implement a license buyback program for licenses issued under
35	218		this subchapter as part of the oyster license moratorium program
36	219		established by this subchapter.
37	220		(b) The commission by rule shall establish criteria, using
38	221		reasonable classifications, for the department's use in selecting
39	222		licenses to be purchased. The department or executive director
40	223		shall consult with the oyster license moratorium review board
41	224		concerning establishment of the criteria.
42	225		(c) The department shall retire each license purchased
43	226		under the license buyback program until the commission finds that
44	227		management of the oyster fishery allows reissue of those licenses
45	228		through auction or lottery.
46	229		(d) The department shall set aside an amount determined by
47	230		commission rule that is at least 20 percent of the fees from
48	231		licenses issued under this subchapter to be used only for the
49	232		purpose of buying back commercial oyster boat licenses from willing
50	233		license holders. That money shall be sent to the comptroller for
51	234		deposit to the credit of the game, fish, and water safety account.
52	235		(e) The department may solicit and accept grants and
53	236		donations of money or materials from private or public sources for
54	237		the purpose of buying back licenses issued under this subchapter
55	238		from willing license holders.
56	239		(f) Money to be used for the purpose of buying back licenses
57	240		issued under this subchapter is not subject to Section 403.095,
58	241		Government Code.
59	242		(g) The commission shall consider the social and economic
60	243		viability of the oyster industry and input from the oyster license
61	244		moratorium review board regarding the reissue of commercial oyster
62	245		boat licenses through auction or lottery.
63	246		Sec. 76.406. PREVAILING AUTHORITY. A proclamation of the
64	247		commission under this subchapter prevails over any conflicting
65	248		provision of this chapter to the extent of the conflict.
66	249		Sec. 76.407. REPORT TO LEGISLATURE. (a) Not later than
67	250		November 1, 2020, the department shall report to the governor and
68	251		each member of the legislature an overview of the administration
69	252		and status of the oyster license buyback program, including the
70	253		biological, sociological, and economic effects of the program.
71	254		(b) This section expires September 1, 2021.
72		-	SECTION 4. The Parks and Wildlife Commission shall adopt
	255	+	SECTION 9. The Parks and Wildlife Commission shall adopt
73	256		any rules required to implement Sections 76.405, 76.406, and
74	257		76.407, Parks and Wildlife Code, as added by this Act, not later
75	258		than June 1, 2018.
76		-	SECTION 5. (a) Except as provided by Subsection (b) of ~~this~~
77		-	section, this Act takes effect September 1, 2017.
	259	+	SECTION 10. (a) Except as provided by Subsection (b) of
	260	+	this section, this Act takes effect September 1, 2017.
78	261		(b) Sections 76.405, 76.406, and 76.407, Parks and Wildlife
79	262		Code, as added by this Act, take effect June 1, 2018.
	263	+	______________________________ ______________________________
	264	+	President of the Senate Speaker of the House
	265	+	I certify that H.B. No. 51 was passed by the House on April
	266	+	26, 2017, by the following vote: Yeas 131, Nays 17, 1 present, not
	267	+	voting; and that the House concurred in Senate amendments to H.B.
	268	+	No. 51 on May 24, 2017, by the following vote: Yeas 119, Nays 25, 2
	269	+	present, not voting.
	270	+	______________________________
	271	+	Chief Clerk of the House
	272	+	I certify that H.B. No. 51 was passed by the Senate, with
	273	+	amendments, on May 21, 2017, by the following vote: Yeas 21, Nays
	274	+	10.
	275	+	______________________________
	276	+	Secretary of the Senate
	277	+	APPROVED: __________________
	278	+	Date
	279	+	__________________
	280	+	Governor