Texas 2019 - 86th Regular

Texas House Bill HB1300 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	H.B. No. 1300
	1	+	By: Hunter, et al. H.B. No. 1300
	2	+	(Senate Sponsor - Kolkhorst, Hinojosa)
	3	+	(In the Senate - Received from the House April 11, 2019;
	4	+	April 17, 2019, read first time and referred to Committee on Water &
	5	+	Rural Affairs; April 30, 2019, reported favorably by the
	6	+	following vote: Yeas 7, Nays 0; April 30, 2019, sent to printer.)
	7	+	Click here to see the committee vote
2	8
3	9
	10	+	A BILL TO BE ENTITLED
4	11		AN ACT
5	12		relating to cultivated oyster mariculture; authorizing fees;
6	13		requiring a permit; creating a criminal offense.
7	14		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
8	15		SECTION 1. Section 11.032(b), Parks and Wildlife Code, is
9	16		amended to read as follows:
10	17		(b) The department shall deposit to the credit of the game,
11	18		fish, and water safety account all revenue, less allowable costs,
12	19		from the following sources:
13	20		(1) all types of fishing licenses and stamps and
14	21		shrimping licenses;
15	22		(2) all types of hunting licenses and stamps;
16	23		(3) trapping licenses and other licenses relating to
17	24		the taking, propagation, and sale of fur-bearing animals or their
18	25		pelts;
19	26		(4) sale of marl, sand, gravel, shell, and mudshell;
20	27		(5) oyster bed rentals and permits;
21	28		(6) federal funds received for fish and wildlife
22	29		research, management, development and conservation, resource
23	30		protection, and law enforcement, unless the funds are received for
24	31		the specific purposes of Subchapter F, Chapter 77;
25	32		(7) sale of property, less advertising costs,
26	33		purchased from this account or a special fund or account that is now
27	34		part of this account;
28	35		(8) fines and penalties collected for violations of a
29	36		law pertaining to the protection and conservation of wild birds,
30	37		wild fowl, wild animals, fish, shrimp, oysters, game birds and
31	38		animals, fur-bearing animals, alligators, and any other wildlife
32	39		resources of this state;
33	40		(9) sale of rough fish by the department;
34	41		(10) fees for importation permits;
35	42		(11) fees from supplying fish for or placing fish in
36	43		water located on private property;
37	44		(12) sale of seized pelts;
38	45		(13) sale or lease of grazing rights to and the
39	46		products from game preserves, sanctuaries, and management areas;
40	47		(14) contracts for the removal of fur-bearing animals
41	48		and reptiles from wildlife management areas;
42	49		(15) vessel registration fees;
43	50		(16) vessel manufacturer or dealer licensing fees;
44	51		(17) fines or penalties imposed by a court for
45	52		violation of water safety laws contained in Chapter 31 of this code;
46	53		(18) alligator hunter's or alligator buyer's licenses;
47	54		(19) sale of alligators or any part of an alligator by
48	55		the department;
49	56		(20) fees and revenue collected under Section
50	57		11.027(b) or (c) of this code that are associated with the
51	58		conservation of fish and wildlife;
52	59		(21) fees related to cultivated oyster mariculture
53	60		[any other source provided by law]; [and]
54	61		(22) vessel and outboard motor titling fees; and
55	62		(23) any other source provided by law.
56	63		SECTION 2. Section 11.033(a), Parks and Wildlife Code, is
57	64		amended to read as follows:
58	65		(a) To the extent allowed by federal law, money in the game,
59	66		fish, and water safety account may be used for the following
60	67		purposes:
61	68		(1) enforcement of fish, shrimp, and oyster laws, game
62	69		laws, and laws pertaining to sand, shell, and gravel;
63	70		(2) dissemination of information pertaining to marine
64	71		life, wild animal life, wildlife values, and wildlife management;
65	72		(3) scientific investigation and survey of marine life
66	73		for the better protection and conservation of marine life;
67	74		(4) establishment and maintenance of fish hatcheries,
68	75		fish sanctuaries, tidal water fish passes, wildlife management
69	76		areas, and public hunting grounds;
70	77		(5) propagation and distribution of marine life, game
71	78		animals, and wild birds;
72	79		(6) protection of wild birds, fish, and game;
73	80		(7) purchase, repair, and operation of boats and
74	81		dredges;
75	82		(8) research, management, and protection of the fish
76	83		and wildlife resources of this state, including alligators and
77	84		fur-bearing animals;
78	85		(9) salaries of employees and other expenses necessary
79	86		to carry out the duties of the department under laws relating to
80	87		fish, shrimp, oysters, game, water safety, and sand, shell, and
81	88		gravel;
82	89		(10) expansion and development of additional
83	90		opportunities of hunting and fishing in state-owned land and water;
84	91		(11) removing rough fish from public water;
85	92		(12) administration and enforcement of the water
86	93		safety laws as set out in Chapter 31;
87	94		(13) purchasing all necessary forms and supplies,
88	95		including reimbursement of the department for any material produced
89	96		by its existing facilities or work performed by other divisions of
90	97		the department;
91	98		(14) purchase, construction, and maintenance of boat
92	99		ramps on or near public waters as provided in Chapter 31;
93	100		(15) resource protection activities; [and]
94	101		(16) the cleanup of illegal or abandoned cultivated
95	102		oyster mariculture equipment and related debris in public water;
96	103		and
97	104		(17) any other use provided by law.
98	105		SECTION 3. Section 47.0091, Parks and Wildlife Code, is
99	106		amended to read as follows:
100	107		Sec. 47.0091. PURCHASE OF AQUATIC PRODUCTS BY WHOLESALE
101	108		FISH DEALERS. No wholesale fish dealer may purchase for resale or
102	109		receive for sale, barter, exchange, or any other commercial purpose
103	110		any aquatic product from any person or entity in this state unless
104	111		he purchases the product from the holder of:
105	112		(1) a general commercial fisherman's license;
106	113		(2) a commercial oyster fisherman's license;
107	114		(3) a commercial oyster boat license;
108	115		(4) a wholesale fish dealer's license;
109	116		(5) a fish farmer's license;
110	117		(6) a commercial shrimp boat license;
111	118		(7) a commercial oyster boat captain's license;
112	119		(8) a commercial shrimp boat captain's license;
113	120		(9) a commercial crab fisherman's license;
114	121		(10) a commercial finfish fisherman's license; [or]
115	122		(11) a commercial gulf shrimp unloading license; or
116	123		(12) a cultivated oyster mariculture permit.
117	124		SECTION 4. Subtitle D, Title 5, Parks and Wildlife Code, is
118	125		amended by adding Chapter 75 to read as follows:
119	126		CHAPTER 75. CULTIVATED OYSTER MARICULTURE
120	127		Sec. 75.0101. DEFINITIONS. In this chapter:
121	128		(1) "Broodstock oyster" means an oyster collected for
122	129		the purpose of growing cultivated oysters.
123	130		(2) "Cultivated oyster" means an oyster grown at any
124	131		point in the life cycle of the oyster in or on an artificial
125	132		structure suspended in the water or resting on the bottom.
126	133		(3) "Cultivated oyster mariculture" means the process
127	134		of growing cultivated oysters.
128	135		(4) "Natural oyster bed" has the meaning assigned by
129	136		Section 76.001.
130	137		(5) "Oyster" means the Eastern oyster and the
131	138		subspecies of the Eastern oyster.
132	139		Sec. 75.0102. APPLICABILITY; CONFLICT OF LAWS. (a) A
133	140		structure used to grow oysters that is part of a cultivated oyster
134	141		mariculture operation is not a natural oyster bed or a private
135	142		oyster bed and is not subject to location requirements under
136	143		Subchapter A, Chapter 76.
137	144		(b) The licensing and permitting requirements of
138	145		Subchapters B, C, and F, Chapter 76, do not apply to activity
139	146		carried out under a cultivated oyster mariculture permit issued
140	147		under this chapter.
141	148		(c) A regulation adopted under Section 76.301 does not apply
142	149		to an activity carried out under a cultivated oyster mariculture
143	150		permit issued under this chapter.
144	151		(d) A rule or proclamation issued under this section
145	152		prevails to the extent of conflict over a rule or proclamation
146	153		issued under:
147	154		(1) Chapter 61; or
148	155		(2) Chapter 76.
149	156		(e) Section 2001.0045, Government Code, does not apply to
150	157		rules adopted under this chapter.
151	158		Sec. 75.0103. CULTIVATED OYSTER MARICULTURE PROGRAM. (a)
152	159		The commission shall adopt rules to establish a program governing
153	160		cultivated oyster mariculture.
154	161		(b) Rules adopted under the program may establish
155	162		requirements for:
156	163		(1) the location and size of a cultivated oyster
157	164		mariculture operation;
158	165		(2) the taking, possession, transport, movement, and
159	166		sale of cultivated oysters;
160	167		(3) the taking, possession, transport, and movement of
161	168		broodstock oysters;
162	169		(4) marking structures for the cultivation of oysters
163	170		in a cultivated oyster mariculture operation;
164	171		(5) fees and conditions for use of public resources,
165	172		including broodstock oysters and public water; and
166	173		(6) any other matter necessary to implement and
167	174		administer this chapter.
168	175		(c) The department shall coordinate with the Department of
169	176		Agriculture, the Department of State Health Services, the General
170	177		Land Office, and the Texas Commission on Environmental Quality in
171	178		the adoption of rules under this section.
172	179		Sec. 75.0104. CULTIVATED OYSTER MARICULTURE PERMIT
173	180		REQUIRED. (a) No person may engage in cultivated oyster
174	181		mariculture without first having acquired a cultivated oyster
175	182		mariculture permit.
176	183		(b) The commission shall adopt rules to implement this
177	184		section. Rules adopted under this section may establish
178	185		requirements for:
179	186		(1) permit applications and application fees;
180	187		(2) criteria for the approval, transfer, revocation,
181	188		and suspension of permits; and
182	189		(3) procedures for hearings related to a permit.
183	190		Sec. 75.0105. DEPOSIT AND USE OF FEES; CULTIVATED OYSTER
184	191		MARICULTURE CLEANUP SUBACCOUNT. (a) Except as provided by
185	192		Subsection (c), fees collected under this chapter shall be
186	193		deposited to the credit of the game, fish, and water safety account.
187	194		(b) The cultivated oyster mariculture cleanup subaccount is
188	195		a subaccount in the game, fish, and water safety account. The
189	196		subaccount consists of money deposited to the subaccount under this
190	197		section.
191	198		(c) The department shall set aside 20 percent of the fees
192	199		collected under this chapter. That money shall be deposited to the
193	200		credit of the cultivated oyster mariculture cleanup subaccount in
194	201		the game, fish, and water safety account and may be used only for
195	202		the cleanup of illegal or abandoned cultivated oyster mariculture
196	203		equipment and related debris in public water.
197	204		Sec. 75.0106. PROHIBITED ACTIONS. (a) No person may sell
198	205		or barter, or offer to sell or barter, a cultivated oyster, except
199	206		as authorized by this chapter.
200	207		(b) No person may place a cultivated oyster in a natural
201	208		oyster bed or private oyster bed.
202	209		(c) In this subsection, "coastal public land" has the
203	210		meaning assigned by Section 33.004, Natural Resources Code.
204	211		Regardless of whether a person holds a permit under this chapter, no
205	212		person may place a structure related to cultivated oyster
206	213		mariculture on coastal public land unless the person first obtains
207	214		a lease or easement under Chapter 33 or 51, Natural Resources Code.
208	215		Sec. 75.0107. PENALTIES. (a) For purposes of this section,
209	216		"final conviction" includes a plea of guilty or nolo contendere to
210	217		or the imposition of deferred adjudication or deferred disposition
211	218		for an offense.
212	219		(b) A person who violates Section 75.0104(a) or 75.0106 or a
213	220		rule adopted under this chapter commits an offense that is a Class B
214	221		Parks and Wildlife Code misdemeanor.
215	222		(c) If conduct constituting an offense under this section
216	223		also constitutes an offense under Section 33.112, Natural Resources
217	224		Code, the actor may be prosecuted under this section, Section
218	225		33.112, Natural Resources Code, or both.
219	226		SECTION 5. Not later than August 31, 2020, the Parks and
220	227		Wildlife Commission shall adopt rules to implement Chapter 75,
221	228		Parks and Wildlife Code, as added by this Act.
222	229		SECTION 6. This Act takes effect September 1, 2019.
223		-	______________________________ ______________________________
224		-	President of the Senate Speaker of the House
225		-	I certify that H.B. No. 1300 was passed by the House on April
226		-	9, 2019, by the following vote: Yeas 146, Nays 1, 1 present, not
227		-	voting.
228		-	______________________________
229		-	Chief Clerk of the House
230		-	I certify that H.B. No. 1300 was passed by the Senate on May
231		-	10, 2019, by the following vote: Yeas 31, Nays 0.
232		-	______________________________
233		-	Secretary of the Senate
234		-	APPROVED: _____________________
235		-	Date
236		-	_____________________
237		-	Governor
	230	+	* * * * *