Texas 2019 - 86th Regular

Texas House Bill HB2218 Latest Draft

Bill / Enrolled Version Filed 05/25/2019

                            H.B. No. 2218


 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 in any coastal bay, river, or
 tributary landward from the shoreline of the state along the coast
 of the Gulf of Mexico.
 SECTION 3.  Section 47.008(c), Parks and Wildlife Code, is
 repealed.
 SECTION 4.  This Act takes effect September 1, 2019.
 ______________________________ ______________________________
 President of the Senate Speaker of the House
 I certify that H.B. No. 2218 was passed by the House on April
 12, 2019, by the following vote:  Yeas 142, Nays 1, 2 present, not
 voting; and that the House concurred in Senate amendments to H.B.
 No. 2218 on May 24, 2019, by the following vote:  Yeas 137, Nays 3,
 2 present, not voting.
 ______________________________
 Chief Clerk of the House
 I certify that H.B. No. 2218 was passed by the Senate, with
 amendments, on May 22, 2019, by the following vote:  Yeas 31, Nays
 0.
 ______________________________
 Secretary of the Senate
 APPROVED: __________________
 Date
 __________________
 Governor