Texas 2017 - 85th Regular

Texas Senate Bill SB2017 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	85R13238 SLB-F
2	2	By: Creighton S.B. No. 2017
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the regulation of commercial shrimp unloading;
8	8	requiring an occupational license and authorizing a fee for certain
9	9	nonresident persons.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Section 47.0091, Parks and Wildlife Code, is
12	12	amended to read as follows:
13	13	Sec. 47.0091. PURCHASE OF AQUATIC PRODUCTS BY WHOLESALE
14	14	FISH DEALERS. No wholesale fish dealer may purchase for resale or
15	15	receive for sale, barter, exchange, or any other commercial purpose
16	16	any aquatic product from any person or entity in this state unless
17	17	he purchases the product from the holder of:
18	18	(1) a general commercial fisherman's license;
19	19	(2) a commercial oyster fisherman's license;
20	20	(3) a commercial oyster boat license;
21	21	(4) a wholesale fish dealer's license;
22	22	(5) a fish farmer's license;
23	23	(6) a commercial shrimp boat license;
24	24	(7) a commercial oyster boat captain's license;
25	25	(8) a commercial shrimp boat captain's license;
26	26	(9) a commercial crab fisherman's license; [or]
27	27	(10) a commercial finfish fisherman's license; or
28	28	(11) a commercial gulf shrimp unloading license.
29	29	SECTION 2. Section 47.0111, Parks and Wildlife Code, is
30	30	amended to read as follows:
31	31	Sec. 47.0111. PURCHASE OF AQUATIC PRODUCTS BY RETAIL FISH
32	32	DEALERS. No retail fish dealer may purchase for resale or receive
33	33	for sale, barter, exchange, or any other commercial purposes any
34	34	aquatic products from any person or entity in this state unless he
35	35	purchases the product from the holder of:
36	36	(1) a wholesale fish dealer's license;
37	37	(2) a general commercial fisherman's license, a
38	38	commercial shrimp boat license, a commercial shrimp boat captain's
39	39	license, a commercial gulf shrimp unloading license, a commercial
40	40	crab fisherman's license, or a commercial finfish fisherman's
41	41	license when the retail fish dealer has given written notification
42	42	to the director or his designee of the dealer's intent to purchase
43	43	aquatic products from the holder of a general commercial
44	44	fisherman's license, a commercial shrimp boat license, a commercial
45	45	shrimp boat captain's license, a commercial gulf shrimp unloading
46	46	license, a commercial crab fisherman's license, or a commercial
47	47	finfish fisherman's license; or
48	48	(3) a fish farmer's license.
49	49	SECTION 3. Section 47.012, Parks and Wildlife Code, is
50	50	amended to read as follows:
51	51	Sec. 47.012. PURCHASE OF AQUATIC PRODUCTS BY RESTAURANT
52	52	OWNER, OPERATOR, OR EMPLOYEE. No restaurant owner, operator, or
53	53	employee may purchase for consumption by the restaurant's patrons
54	54	on the restaurant's premises any aquatic product from any person or
55	55	entity in this state unless the person purchases the aquatic
56	56	product from the holder of:
57	57	(1) a wholesale fish dealer's license;
58	58	(2) a general commercial fisherman's license;
59	59	(3) a fish farmer's license;
60	60	(4) a commercial shrimp boat license;
61	61	(5) a commercial shrimp boat captain's license;
62	62	(6) a commercial crab fisherman's license; [or]
63	63	(7) a commercial finfish fisherman's license; or
64	64	(8) a commercial gulf shrimp unloading license.
65	65	SECTION 4. Subchapter C, Chapter 77, Parks and Wildlife
66	66	Code, is amended by adding Section 77.034 to read as follows:
67	67	Sec. 77.034. COMMERCIAL GULF SHRIMP UNLOADING LICENSE. (a)
68	68	Except as provided by Subsection (b), no person may unload or allow
69	69	to be unloaded at a port or point in this state shrimp or other
70	70	aquatic products caught or taken from the outside water or from salt
71	71	water outside the state without having been previously unloaded in
72	72	some other state or foreign country, unless the person has
73	73	obtained:
74	74	(1) a commercial gulf shrimp unloading license; and
75	75	(2) a federal commercial vessel permit for gulf shrimp
76	76	from the National Oceanic and Atmospheric Administration.
77	77	(b) A person holding a valid resident or nonresident
78	78	commercial gulf shrimp boat license is exempt from the requirement
79	79	to hold a commercial gulf shrimp unloading license.
80	80	(c) A vessel operating under a commercial gulf shrimp
81	81	unloading license must make a nonstop progression through outside
82	82	waters to a place of unloading. The commission shall adopt rules
83	83	for the requirements of trawl gear storage for a vessel that holds a
84	84	commercial gulf shrimp unloading license while that vessel is
85	85	making a nonstop progression through outside waters to a place of
86	86	unloading.
87	87	(d) The fee for a commercial gulf shrimp unloading license
88	88	is $1,485, or an amount set by the commission, whichever amount is
89	89	more.
90	90	SECTION 5. Section 77.035(a), Parks and Wildlife Code, is
91	91	amended to read as follows:
92	92	(a) Except as permitted under Section 77.034, no [No] person
93	93	may operate a commercial gulf shrimp boat for catching or assisting
94	94	in catching shrimp and other edible aquatic products from the
95	95	outside water, or have on board a boat, or unload, or allow to be
96	96	unloaded at a port or point in this state, shrimp and other edible
97	97	aquatic products caught or taken from the outside water or from salt
98	98	water outside the state without having been previously unloaded in
99	99	some other state or foreign country, unless the owner of the boat
100	100	has obtained a commercial gulf shrimp boat license.
101	101	SECTION 6. Sections 77.0352(a) and (b), Parks and Wildlife
102	102	Code, are amended to read as follows:
103	103	(a) The holder of a commercial shrimp boat license or
104	104	commercial gulf shrimp unloading license may sell only the catch of
105	105	shrimp from the vessel to which the commercial shrimp boat license
106	106	or commercial gulf shrimp unloading license applies.
107	107	(b) The holder of a commercial shrimp boat license or
108	108	commercial gulf shrimp unloading license may sell aquatic products
109	109	other than shrimp if those aquatic products:
110	110	(1) were taken incidental to lawful shrimping on the
111	111	vessel to which the commercial shrimp boat license or commercial
112	112	gulf shrimp unloading license applies; and
113	113	(2) comply with all applicable provisions of this code
114	114	or commission regulations.
115	115	SECTION 7. Section 77.039(a), Parks and Wildlife Code, is
116	116	amended to read as follows:
117	117	(a) A commercial shrimp boat license or commercial gulf
118	118	shrimp unloading license issued under this subchapter must be a
119	119	sign or emblem at least 32 square inches in size and be constructed
120	120	of a durable material.
121	121	SECTION 8. The Parks and Wildlife Commission shall adopt
122	122	rules not later than September 1, 2018, to implement Section
123	123	77.034, Parks and Wildlife Code, as added by this Act, and Section
124	124	77.039, Parks and Wildlife Code, as amended by this Act.
125	125	SECTION 9. This Act takes effect September 1, 2017.