86R15598 AAF-D By: Lozano H.B. No. 2218 Substitute the following for H.B. No. 2218: By: Cyrier C.S.H.B. No. 2218 A BILL TO BE ENTITLED AN ACT relating to creating a Class C menhaden boat license; imposing a fee; requiring a license. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Section 47.008, Parks and Wildlife Code, is amended by amending Subsections (a) and (d) and adding Subsection (a-1) to read as follows: (a) A boat may not be used for the purpose of catching, storing, and transporting menhaden in tidal water unless the owner of the boat has acquired: (1) a Class A menhaden boat license; or (2) a Class C menhaden boat license. (a-1) The holder of a Class C menhaden boat license may not take or harvest from the public water of the state more than 300 pounds a day of menhaden or an amount set by the department. (d) The commission shall set the license fee for each [Class B] menhaden boat for each yearly period: (1) in an amount not less than $2,000 for a Class A menhaden boat license; (2) in an amount not to exceed $50 for a Class B menhaden boat license; and (3) at $420 for a Class C menhaden boat license. SECTION 2. Section 47.038, Parks and Wildlife Code, is amended by amending Subsection (a) and adding Subsection (a-1) to read as follows: (a) Except as provided by Subsection (a-1), nets [Nets] or purse seines used for catching menhaden may not be: (1) less than one and one-half inch stretched mesh, excluding the bag; (2) used in any bay, river, pass, or tributary, nor within one mile of any barrier, jetty, island, or pass, nor within one-half mile offshore in the Gulf of Mexico; or (3) used for the purpose of taking edible aquatic products for the purpose of barter, sale, or exchange. (a-1) The holder of a Class C menhaden boat license issued under Section 47.008 may use a cast net, as defined by the commission, to catch menhaden. SECTION 3. Section 47.008(c), Parks and Wildlife Code, is repealed. SECTION 4. This Act takes effect September 1, 2019.