Texas 2019 86th Regular

Texas House Bill HB2218 Comm Sub / Bill

Filed 04/03/2019

                    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 repealed.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.